Terms & Conditions
§ 1 SCOPE AND PROVIDER
- These General Terms and Conditions apply to all purchase orders placed at the online shop of KNOKberlin c/o Bobwhite UG (haftungsbeschänkt), Hasenheide 54, 10967 Berlin.
- We provide our deliveries, services and offers and enter into any contract exclusively on the basis of these General Terms and Conditions. General Terms and Conditions apply also to all future contracts even if they are not explicitly agreed again. We object to the application of a customer’s general terms and conditions which contradict our General Terms and Conditions.
- The sole contract language shall be German.
- You can view and print out the currently effective General Terms and Conditions on our website at knokberlin.com/pages/terms-conditions. The text of these Terms and Conditions will not be filed separately after the conclusion of this contract.
§ 2 CONCLUSION OF CONTRACT
- Presentation of goods in our online shop shall not represent a binding offer by us to conclude a purchase contract. Rather, this shall be a non-committal request to order goods from the online shop.
- By clicking the “Buy Now” button you make a binding offer of purchase.
- Upon receipt of the offer of purchase, you will receive an automatically generated email in which we acknowledge receipt of your order (confirmation of receipt). The confirmation of receipt does not mean acceptance of your offer of purchase. A contract is not concluded by sending the confirmation of receipt.
- A purchase contract for the goods shall be concluded only when we expressly declare acceptance of the offer of purchase, or – if you are not a consumer – when we ship the goods to you without an express prior declaration of acceptance.
§ 3 PRICES
All product prices displayed in the product detail sites include the respective legal value added taxes. All other prices, including shipping prices, also include these value added taxes.
§ 4 TERMS OF PAYMENT, DEFAULT
- Payment can be made optionally by: credit card, Apple Pay, Google Pay, SOFORT Banking (DIRECTebanking), Klarna Pay Later, Shopify Pay or Paypal.
- When paying by credit, the amount of the purchase price will be reserved on your credit card at the time of ordering. We will charge your credit card account when dispatching your order.
- Klarna Invoice: In cooperation with Klarna we offer invoice and payment in instalments as payment options. Please be aware that Klarna Invoice and Klarna Account are only available for consumers and that payment is to be made to Klarna. Payment period is 14 days calculated from the invoice date. The invoice is issued on the day the goods are shipped and is either sent by email or together with the goods. Full terms and conditions can be found here.
- We work together with Shopify International Limited, Victoria Buildings, 2. Etage 1-2 Haddington Road Dublin 4, D04 XN32 (hereinafter “Shopify International”) to offer you convenient payment methods. If an effective purchase agreement between you and us enters into effect through the use of a Shopify International payment method, we assign our payment claim to Shopify International. When using the Shopify International payment method instalment payment, we assign our payment claim to the partner bank of Shopify International. If you select one of the Shopify International payment methods offered here, you consent to the forwarding of your personal and order data to Shopify International to process your order and contract, to verify your identity, and to assess your creditworthiness. All details can be found in the Additional General Terms and Conditions and Data Protection Notice for RatePAY payment methods, which are part of these General Terms and Conditions and which come into effect whenever you opt to use a Shopify International payment method.
§ 5 SET-OFF / RIGHT OF RETENTION
- You shall have a right of set-off only if your counter-claim has been become non-appealable or is not disputed by us.
- You may exercise a right of retention only to the extent that your counter-claim is based on the same contractual relationship.
§ 6 DELIVERY, RETENTION OF TITLE
- Unless otherwise agreed, the goods shall be delivered from our warehouse to the address you have specified.
- The goods shall remain our property the purchase price has been paid in full.
§ 7 INFORMATION ABOUT RIGHT OF WITHDRAWAL
If you are a consumer, defined as any person who enters into a legal transaction that is not mainly induced by either his commercial or self-employed professional activity, then you have the right of withdrawal subject to the following provisions:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 calendar days from the day you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise your right of withdrawal you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) at:
c/o Bobwhite UG (haftungsbeschränkt)
To meet the withdrawal deadline, you must send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including standard delivery costs (with the exception of additional costs for non-standard shipping, e.g. Express Shipping) no later than 14 days from the day we are informed about your decision to withdraw. We will carry out reimbursement using the same means of payment used for the initial transaction, unless expressly agreed otherwise. You will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we receive the goods, or until you have supplied evidence of having sent back the goods - whichever is earliest.
You shall send back the goods to KNOKberlin c/o Bobwhite UG (haftungsbeschränkt), Hasenheide 54, 10967 Berlin, Germany without undue delay and within 14 days from the day you communicate your withdrawal from this contract to us. The deadline is considered met if you send back the goods before the 14 day period has expired.
You, the consumer, will bear the cost of returning the goods.
You are only liable for any diminished value of the goods if it results from handling beyond that necessary to establish the nature, characteristics and function of the goods.
Form of withdrawal (Example)
Complete this form if you wish to withdraw from the contract and return to:
c/o Bobwhite UG (haftungsbeschränkt)
Fax: +49 (0) 30 279 715 48
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
– Ordered on (*) / received on (*)
– Name(s) of consumer(s):
– Address(es) of consumer(s):
– Signature(s) of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
End of Withdrawal conditions
- The right of withdrawal does not apply to any delivery of goods which are made to your own specifications, clearly tailored to your personal needs, or personalised, or to any delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seals have been removed after delivery.
- Please avoid damage and soiling. Please return the goods to us with the original packaging if possible, with all accessories and with all packaging components. If appropriate, use protective outer packaging. If you no longer have the original packaging, please use appropriate packaging to provide sufficient protection against damage in transit to avoid claims for compensation due to damage as a result of insufficient packaging.
- Please note that the arrangements specified in above paragraph 2 are not a precondition to effective exercise of your right of withdrawal.
- You, the consumer, will bear the costs of returning the goods.
§ 8 VOLUNTARY RETURN GUARANTEE WITHIN 14 DAYS OF RECEPTION OF GOODS
- Irrespective of your right of withdrawal, you can return all goods purchased on our website for a refund within 14 days of receiving your original order (Return Guarantee). According to this Return Guarantee you can cancel your purchase contract after the end of the withdrawal period (see § 7) by returning the purchased goods within 14 days of receipt to the address listed below. The deadline is met if you send back the goods before the period of 14 days has expired. Please return the goods to: KNOKberlin c/o Bobwhite GmbH, Hasenheide 54, 10967 Berlin, Germany.
- You are only allowed to cancel the contract under § 8 if you send back the goods in the original packing, the product has not been worn, and the product is not damaged.
- This voluntary Return Guarantee does not apply to any delivery of goods which are made to your own specifications, clearly tailored to your personal needs, or personalised, or to any delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seals have been removed after delivery.
- Should you wish to return the goods, please use the Returns Form which is available to download on our Shipping & Returns page.
- § 7 Sec. 4 shall apply accordingly.
- This voluntary return guarantee does not affect your legal rights (especially your legal right of withdrawal according to § 7). During the withdrawal period, only the conditions of your right of withdrawal apply. This voluntary return guarantee does not affect your statutory warranty rights, according to § 10.
§ 9 DAMAGE IN TRANSIT
- We bear the risk of transport until the good has been delivered to you. If goods are delivered having been clearly damaged in transit, please notify the delivery agent of the defects and contact us as soon as possible at email@example.com.
- Any failure to notify the delivery agent or to contact us has no consequences in respect of your legal rights. However, you agree to provide reasonable assistance to help us assert our own claims against the carrier or the transport insurance.
§ 10 WARRANTY
- Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the sale of goods and other applicable laws.
- If you are not a consumer, the statutory provisions shall apply with the following modifications:
– Only our own indications and the manufacturer’s product description shall determine the agreed characteristics of the goods. The public statements or advertising of the manufacturer do not represent any contractual indication of the characteristics and functioning of the goods.
– You must inspect the goods forthwith and with due diligence for deviations in respect of quality and quantity. In the case of a defect that is apparent on normal visual inspection, you must notify us within 7 days of receipt of the goods or, in the case of a latent defect, within 7 days of the latent defect having become apparent. To meet the deadline, it shall be sufficient to dispatch your notice before expiry of the deadline. Warranty claims cannot be raised if the obligation to examine and give notice of defects is not complied with.
– In the event of any defect made known to us within the timescales set out above, we shall at our option provide remedy by means of subsequent improvement or substitute delivery (supplementary performance). In any case of subsequent improvement, we shall not have to bear any increased expenses incurred by the goods having been brought to any place other than the place of fulfilment, unless where such relocation is in compliance with use of the goods in accordance with their intended use.
– Should supplementary performance fail twice, you may at your option demand diminution or rescind the contract.
- All KNOK products are fully guaranteed against defects in materials or workmanship. Our guarantee does not cover product damages that may have resulted from abnormal wear and tear, accidental damage caused by user, faults as a result of wilful or negligent operation, or any other handling. Any repairs or alterations carried out by a 3rd party, other than KNOK accredited parties or its authorised agents are not supported by KNOK. Additionally, the warranty does not cover damage to your device as a result of the use of any KNOK product.
– The warranty period shall be one year from delivery of the goods.
§ 11 LIABILITY
- Unlimited liability: We shall be liable for wilful intent and gross negligence. In the event of ordinary negligence, we shall be liable under the provisions of the he German Product Liability Act (Produkthaftungsgesetz) and for injury to the life, body or health of a person.
- Limitation of liability: We shall be liable for ordinary negligence only in the event of a breach of a material contractual obligation fulfilment which makes proper performance of the agreement possible in the first place and discharge of which the contractual partner may typically rely on (material contractual obligation). This limitation of liability shall likewise apply for the benefit of our vicarious agents.
§ 12 FINAL PROVISIONS
- Should any of the provisions of these General Terms and Conditions be or become invalid, this will not affect the validity of the remaining provisions.
- These terms and conditions shall be subject to the law of the Dealer’s home state, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of jurisdiction either does not apply or only applies to limited extent if the user is a natural person and concludes this contract for a purpose which can be regarded as being outside his trade or profession (consumer) and where such commitment of the user has the effect of depriving the user of consumer protection legislation of his country of residence, which is mandatory according to the law of his country of residence. In this case, aforementioned choice of law is supplemented by the respective consumer protection legislation of the user’s country of residence or according to the law of the state in which the user has his domicile or habitual residence, a choice of jurisdiction is not allowed. In this case the law of the state where the user has his domicile or habitual residence determines which law applies. In case the user is a consumer with habitual residence in Switzerland, Swiss law applies, provided that the requirements under Art. 120 para.1 a-c IPRG are met. In case the buyer is a consumer with habitual residence in Norway, the Norwegian Consumer Purchase Act applies, provided that the requirements under Section 1 of the Norwegian Consumer Purchase Act are met.
- If you are an entrepreneur, a corporate body under public law or a special fund under public law, the place of jurisdiction for any dispute arising from or in connection with any contract between you and us shall be Berlin.