Terms of service

General Terms and Conditions for the online shop of Kennel & Schmenger Handelsgesellschaft mbH

Preamble

Kennel & Schmenger Handelsgesellschaft mbH maintains a homepage for commercial purposes under the domain http://www.kennel-schmenger.com and offers products, mainly shoes, for sale to customers on these websites via the internet.

§ 1. Scope of application and contractual partners

1. These General Terms and Conditions of Business (“Terms and Conditions”) apply to all contracts concluded between you as a customer and us as the operator of the Kennel & Schmenger online store www.kennel-schmenger.com. By placing an order, you agree to the Terms and Conditions in the version valid at the time of the order.

2. Any of the customer's general terms and conditions that may differ shall not become part of the contract unless we have expressly agreed to them in writing.

3. The operator of the Kennel & Schmenger online store and your contractual partner is:

Kennel & Schmenger Handelsgesellschaft mbH, Im Erlenteich 1-5, 66955 Pirmasens, registered in the commercial register of the district court of Zweibrücken under HRB 31311, represented by the managing directors Andreas Klautzsch and Matthias Eder.

VAT registration number: DE299032961, e-mail: customer-service@kennel-schmenger.com

4. Our presentation of goods in the Kennel & Schmenger online store is aimed exclusively at consumers who are habitually resident in Germany. A “consumer” is, in the legal sense (Section 13 of the German Civil Code (BGB)), any natural person who enters into a legal transaction for a purpose that can be attributed neither to their commercial nor their self-employed professional activity. Entrepreneurs in the sense of Section 14 BGB are not entitled to place orders.

§ 2. Conclusion of contract

1. Our presentation of goods in the Kennel & Schmenger online store does not constitute a binding offer of sale. The offer to conclude a purchase contract comes from you as a customer by clicking on the “Order now” button on the order page of the Kennel & Schmenger online store after you have completed all of your personal information. You are bound to this order for 5 business days, i.e. the contract becomes binding if we accept your order within this period.

2. After sending the order, you will immediately receive an e-mail confirming that we have received your order (“order confirmation”), which does not, however, constitute acceptance of the contract. We will declare acceptance of the contract by separate e-mail (“order confirmation”) or at the latest by delivering the ordered goods. As soon as the goods leave our warehouse, you will receive another e-mail (“shipping confirmation”).

3. Insofar as you have a statutory right of withdrawal (see §6), this shall remain unaffected by the above provisions in any case.

4. The contract is concluded in German. The contract text is not stored on our internal systems. However, you can view and print these terms and conditions under the “Terms and Conditions” section on the website of our online store. Furthermore, we will send you these terms and conditions with the order confirmation via email.

§ 3. Prices and additional costs

1. The final prices stated in our online shop include the statutory sales tax and all other price components. They are stated in euros and do not include the following additional costs.

2. We only deliver to delivery addresses within Germany, Austria, Switzerland, Luxembourg, the Netherlands, Belgium, Poland, Spain and France. Within Germany, the buyer is charged €4.95 for shipping. In Austria, Luxembourg, Belgium, the Netherlands, Spain and France, we charge €12.95 for shipping. For Switzerland, CHF 12.95 for shipping. For Poland, PLN 57 for shipping.

Please note that shipping costs are also payable in the event of a return.

§ 4. Payment and retention of title

1. Payment of the purchase price is made either – as specified on the order page in our online store – using the following payment methods:

Invoice: Payment by invoice requires a positive credit check. We reserve the right to refuse payment by invoice in the event of a negative credit check and to refer you to one of the other possible payment methods. The invoice amount is due no later than 14 days after the invoice date (only possible in Germany).

PayPal: Your account will be debited when the order confirmation is sent.

Sofortüberweisung: The debit occurs with the sending of the order confirmation.

Credit card: When paying by credit card (Visa/MasterCard), Kennel & Schmenger reserves the right to check the validity of the card, the spending limit for the debit and the address details. Kennel & Schmenger reserves the right to refuse the credit card purchase.

- Debit card: Your account will be debited when the order confirmation is sent. (only possible in France and Spain)

2. You shall only have rights of set-off or retention to the extent that your claim has been legally established or is undisputed; in the event of defective delivery, your counterclaims shall remain unaffected to their full extent.

3. We reserve ownership of the delivered goods in any case until full payment of the respective invoice amount of a delivery (final and unconditional credit of the total purchase price including any additional costs).

§ 5. Delivery and Transfer of Risk

1. The delivery area and shipping costs are regulated in § 3 para. 2.

2. The risk of accidental deterioration and accidental loss of the goods shall pass to you in accordance with the statutory provisions. We shall assume the risk of loss of or damage to the goods in transit to you.

3. The delivery times stated by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance – except in the case of purchase on account. If no delivery time or a different delivery time is stated for the respective goods in our online store, it shall be 5 working days.

4. If not all goods in an order can be delivered at the same time, we are entitled to make partial deliveries in accordance with the agreed delivery times and within reason for you and at our expense.

5. If we are unable to meet a binding delivery deadline for reasons beyond our control (non-availability of the goods, e.g. due to a lack of delivery by our suppliers or force majeure), we will notify you of this immediately, stating the new expected delivery time if possible. If the new delivery period is not acceptable to you or if the goods are also not available within the new delivery period or not at all, both parties to the contract are entitled to withdraw from the contract with regard to the goods in question. In this case, we will immediately refund any consideration already paid. The statutory rights of the parties to the contract remain unaffected.

6. Should delivery of the goods fail for reasons beyond our control, we may withdraw from the contract. Any payments made will be refunded to you immediately. Our legal rights, in particular to compensation for additional expenses, remain unaffected.

§ 6. Returns

We always grant the statutory right of withdrawal (see §7). In addition, however, you have the option of using our free returns service. To do this, please use the enclosed returns label from your package or contact our customer service.

Please note that the shipping costs are also to be paid in the case of a return.

§ 7. 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 days from the day on which 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 contact us (Kennel & Schmenger Handelsgesellschaft mbH, Im Erlenteich 1-5, 66955 Pirmasens, customer-service@kennel-schmenger.com, phone: 06331 5086555, Fax: 06331 5081706) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement.

Please note that in the event of a revocation, you must organize the return shipment yourself and bear the full costs for this. Revocations are not included in our free return shipping.

Should you nevertheless use our enclosed returns label for your revocation, we will have to charge you the costs incurred for the return shipment.

We will make the repayment using the same payment method that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged for this repayment. We may withhold the repayment until we have received the returned goods or until you have provided proof that you have returned the goods, 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 day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. We will bear the costs of returning the goods. You will only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.

Specimen revocation form

(If you wish to revoke the contract, please fill out this form and return it to us.)

– To Kennel & Schmenger Handelsgesellschaft mbH, Im Erlenteich 1-5, 66955 Pirmasens, customer-service@kennel-schmenger.com, Fax: 06331 5081706

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only for paper-based notification)

– Date

(*) Delete as applicable.

The withdrawal is to be addressed to:

Kennel & Schmenger Handelsgesellschaft mbH, Im Erlenteich 1-5, 66955 Pirmasens, E-Mail: customer-service@kennel-schmenger.com

Specimen withdrawal form – Withdrawal form as PDF download

(If you wish to revoke the contract, please fill out this form and return it to us)

END OF CANCELLATION POLICY

§ 8. Customer rights in the event of defects

1. Your rights in the event of material defects and defects of title are governed by the statutory provisions, unless otherwise provided in these General Terms and Conditions.

2. The product descriptions in our online shop and, where applicable, more detailed manufacturer information and instructions that are delivered with the goods shall be deemed to be agreements on the nature of the goods. Please take note of such information before deciding to keep the goods. Your statutory right of withdrawal remains unaffected.

§ 9. Choice of law and place of jurisdiction

The law of the Federal Republic of Germany shall apply to the contractual relationship, excluding substantive uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the application of mandatory consumer protection law remain unaffected.

§ 10. Data protection

Information about the type, scope, location and purpose of the collection, processing and use of personal data can be found in the data protection declaration.

To use the online store, cookies must be enabled for an optimal shopping experience. By using our website, you agree to our privacy policy. If you do not agree, please click here.

Personal data is transmitted to and processed by collection service providers, payment processing service providers and partners.

Payment service providers or collection agencies assess the customer's creditworthiness on the basis of mathematical and statistical methods using address data from credit reference agencies.

In detail, this may involve the following service providers, who are named by way of example but are not limited to: Schufa Holding AG, Wirtschaftsinformationen GmbH & Co. KG, Arvato Infoscore GmbH, Deltavista GmbH, Universum Business GmbH, Bisnode International Group, Regis24 GmbH, Creditreform AG.

§ 11 Information in accordance with the Consumer Dispute Resolution Act

Kennel & Schmenger Handelsgesellschaft mbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Embargo restriction

Due to legal restrictions, we are currently not allowed to sell goods with an individual value of 300 euros or more if these goods are intended for export to Russia.

As of March 2024