Our terms and conditions
1. General Terms and Conditions
Scope of these terms and conditions
The following general terms and conditions apply exclusively to the contracts concluded between k3 PLUS GmbH, represented by the managing directors Kathleen Thomas and Ute Schoormann (hereinafter referred to as k3 PLUS) and the customer (hereinafter referred to as customer).
2. Conclusion of the contract
Subject of the contract is the sale of goods.
As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description.
You can submit your purchase offer by telephone, in writing or via the ordering system integrated in the online shop. The contract language is German.
3. Order process in the online shop system
Please note the following when purchasing via the online shop system:
In order to be able to buy items from the range of goods as a customer of the online shop, you must first register using the »Login« function.
As a new customer, the customer must register in advance. Existing customers can log in directly with their e-mail address and password.
After successfully logging in, you as a customer can select products from the range of goods and place them in the »shopping cart«.
In the shopping cart, the customer can select the delivery quantity of the desired goods, as well as add or remove goods. When the customer has completed the selection process, he uses the "order for a fee" button to submit a binding application to purchase the goods that are in the shopping cart under the conditions listed there.
Before submitting the order, the customer can view, change or delete his selection at any time.
However, the order can only be placed and transmitted if the customer has previously accepted these contractual conditions by clicking on "I accept your general terms and conditions" and thereby included them in the contractual relationship and in particular in their order.
Immediately after the order has been sent, K3 PLUS sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again. The customer can also print out this confirmation of receipt. The automatic confirmation of receipt only documents that k3 PLUS has received the customer's order. However, this email does not represent an acceptance of the customer's application.
A sales contract is only concluded between k3 PLUS and the customer when k3 PLUS sends the goods and / or expressly confirms the order with a second email.
The order placed by the customer can no longer be viewed by the customer after the order has been sent; however, the customer can read his order and all details of the sales contract between the parties in the shipping confirmation.
4. Prices and payment methods
The prices at the time of the order by the customer apply. All prices are final prices, i.e. including statutory VAT and, if applicable, sparkling wine tax. Additional costs for special deliveries or costs that arise as a result of multiple delivery attempts will be billed to the customer.
4.2 We currently offer the following payment methods:
- Payment on site (this payment method is free of charge)
- Payment in advance
- Payment by cash on delivery (plus EUR 12.00 cash on delivery fee)
- Payment by PayPal
- Payment by credit / debit cards
- Payment by immediate transfer to.
4.3 If you have selected "prepayment" as the payment method, we will reserve the goods in question for you for a period of 14 days after receipt of your order, starting with the date of our advance invoice. If no payment is made during this period, the reservation will expire.
4.4 PayPal: If you pay the invoice amount via the online provider PayPal, the following applies:
You do not have to be a registered PayPal customer to use this payment method. Simply log into PayPal as part of the payment process.
Please note that after a purchase via PayPal, amounts paid to us will be credited to your PayPal account in the event of a subsequent cancellation. From there you can arrange a transfer to your bank account.
You can find more information about PayPal at www.paypal.de .
5. Shipping costs
5.1 k3 PLUS delivers within Germany.
5.2 Delivery within Germany: for an order value of up to 99.00 EUR, the shipping costs amount to 7.50 EUR.
5.4 Follow-up shipments: Follow-up orders or subsequent deliveries will only be sent by k3 PLUS once the previous invoices have been paid.
5.5 No discount is granted.
6.1 Deliveries are made to the delivery address specified by the customer under the shipping conditions applicable at the time of the order.
6.2 The delivery takes place by parcel service or forwarding agency. The standard delivery time is given as 3-4 working days, with delivery on Sundays and public holidays being excluded.
6.3 There is no minimum order quantity, however, for packaging reasons, 3, 6, 12 or 18 bottles - sorted as required - must be ordered.
64 If the customer is in default of acceptance or if he culpably breaches other obligations to cooperate, k3 PLUS is entitled to demand compensation for the damage incurred as a result, including any additional expenses. We expressly reserve the right to make further claims. Likewise, in the event of default in acceptance by the purchaser, the risk of accidental loss or deterioration of the item shall pass to the purchaser.
6.5 If you are not a consumer, delivery and dispatch are at your own risk.
7. Right of retention & retention of title
You can only exercise a right of retention if it concerns claims from the same contractual relationship.
The goods remain the property of K3 PLUS until the purchase price has been paid in full.
8. Cancellation policy
Consumers (§ 13 BGB) have a statutory right of withdrawal.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of cancellation, you must: inform us of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
K3 Plus Personalmanagement GmbH
Phone: +49 (0) 221/34 66 95 69
Commercial register: HRB 95424
Register court: Cologne District Court
Consequences of the recall
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
End of revocation
The right of withdrawal does not apply to distance contracts
for the delivery of goods that can spoil quickly or whose use-by date would be exceeded quickly,
for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence
9. Return modalities
9.1 Please avoid damage and contamination. Please send the goods back to us in a resalable condition. If possible, use the original packaging for the return. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit.
9.2 Please note that the aforementioned paragraph is not a prerequisite for the effective exercise of the right of withdrawal. Regardless of legal obligations, we strive for a fair relationship with you as our customer in every respect. We would therefore think it would be fair if you would postpaid returns to us or contact us before sending them back so that the return can be processed as easily and smoothly as possible for everyone involved.
10. Disposal of the packaging
In accordance with the packaging ordinance, we inform you that our company is a member of the dual system. We pay license fees for the packaging that is put into circulation. You can therefore return the packaging to the Dual System for disposal. The packaging is marked according to the regulations. There are no costs for you to dispose of it.
11.1 Statutory warranty rights apply to all goods from our shop.
11.2 If the ordered product shows a defect within the meaning of § 434 BGB, the customer can request the delivery of a defect-free item if it is not possible to repair the goods. In this case, the customer must first send the product back to K3 PLUS at his own expense. However, the return costs will be reimbursed by K3 PLUS if the deficiency of the product is confirmed. If the product is found to be defective again when a new delivery is made, the customer is entitled to withdraw from the contract or to reduce the purchase price.
11.3 If the customer chooses to withdraw from the contract due to a defect after subsequent performance has failed, he is not entitled to any additional claims for damages due to the defect.
11.4 If the customer is an entrepreneur within the meaning of the German Civil Code (BGB), he is obliged to notify defects immediately on the basis of Section 377 of the German Commercial Code (HGB). He must therefore report the defect in writing immediately after receiving the goods from K3 PLUS. If he does not do this, the assertion of warranty claims is excluded.
12. Cork defects
Weinstein and depot do not reduce the quality and do not constitute grounds for a complaint. Cork tasters and other clear wine defects will be replaced on presentation of the wine up to a maximum of 2 years after purchase.
13. Protection of minors
13.1. With your order at k3 PLUS you confirm that you have reached the age of 18.
13.2 Insofar as persons not of legal age initiate orders stating false facts and / or without the approval of their custodial or legal representative of legal age, k3 PLUS hereby rejects these contracts as a precaution in accordance with § 111 BGB.
13.3. The customer is obliged to ensure that only he himself or persons of legal age authorized by him to receive the delivery receive the delivery of goods. UPS is entitled to request proof of age upon delivery.
14. Choice of law, place of performance, place of jurisdiction
14.1 If the customer is a businessman or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the court in Cologne responsible for our company headquarters.
14.2 Irrespective of this, we are in any case entitled to bring an action against our customer at another legal place of jurisdiction.
14.3 If, on the other hand, the customer is a consumer within the meaning of the German Civil Code, the following applies:
- Lawsuits by K3 PLUS against the consumer are to be brought in accordance with the legal place of jurisdiction according to § 13 ZPO at the place of residence of the customer.
14.4 German law applies. The provisions of the UN Sales Convention expressly do not apply, even if orders are placed from abroad or deliveries are made abroad.
15. Dispute settlement
15.1 We would like to inform you about the Online Dispute Resolution (ODR) - an EU dispute resolution platform. Further information is available from the following link: https://ec.europa.eu/consumers/odr/
15.2 In accordance with Section 36 (1), No. 1 of the Consumer Dispute Settlement Act (VSBG), we point out that we are neither willing nor obliged to participate in dispute settlement proceedings before consumer arbitration boards.
The products shown on the Internet can differ slightly from the original for various reasons (lighting conditions when recording, monitor settings, quality of the graphics card, etc.).
Status: August 2020