glow-fire.com is an offering of Kaminlicht GmbH

 

GENERAL TERMS AND CONDITIONS (GTC) OF KAMINLICHT GMBH for orders placed on www.glowfire.de and/or www.glow-fire.com

 

§ 1 Scope of application, general obligations of the customer, amendments to the GTC

1.1 The following General Terms and Conditions (hereinafter also referred to as the "GTC") of Kaminlicht GmbH (hereinafter also referred to as "we" or "Kaminlicht") apply to all current and future orders placed by you (hereinafter also referred to as the "customer") on www.glow-fire.com.

1.2 Any differing, conflicting, or supplementary general terms and conditions of the customer shall not become part of the contract.

1.3 All information provided by the customer during the ordering process must be current and truthful. You may not disclose your password to third parties; you must keep it securely inaccessible to unauthorized persons and notify us immediately in text form if it is lost or disclosed. You shall be liable in accordance with the statutory provisions for misuse, e.g. for any unauthorized orders placed by third parties using your password and any resulting claims.

1.4 We reserve the right to amend these GTC with effect for the future in accordance with the following procedure. To this end, we will inform you in advance of the intended changes and notify you of your right to object. The changes shall be deemed accepted unless you object within 6 weeks after notification of the amendment. If you object to the amendment, we reserve the right to terminate the contract ordinarily.

1.5 Where periods are stated in working days, this shall mean all weekdays except Saturdays, Sundays, and public holidays.

 

§ 2 Conclusion of contract, non-binding information, delivery quantities and restrictions

2.1 All information regarding our goods and prices prior to the conclusion of the contract is non-binding. Product images do not always have to correspond to the appearance of the delivered products. In particular, changes in the appearance and features of items may occur following product range updates by manufacturers. No claims for defects shall arise in this respect insofar as such changes are reasonable for you. Unless expressly agreed otherwise, there is no entitlement to the delivery of specific items.

2.2 A valid purchase contract between Kaminlicht and the customer is concluded upon Kaminlicht's acceptance of an offer made by the customer.

2.3 By fully completing and confirming the order form provided by Kaminlicht, the customer submits a binding offer. This offer may be accepted by Kaminlicht either by sending a binding declaration of acceptance or by dispatching the ordered goods. Acceptance may be refused at any time until then without stating reasons. An entitlement to delivery of the ordered goods or an ordered voucher arises only upon acceptance of the offer. The presentation of products in the online shop does not constitute a legally binding offer. You submit a binding order for the goods contained in the shopping cart when you click the "Buy" button. Immediately after placing the order, confirmation of receipt of your order is sent by automated email. We may accept your order by sending an order confirmation by email or by delivering the goods.

2.4 Our offer is intended for consumers. The goods or voucher ordered by the customer are not intended for resale.

 

§ 3 Contract term, termination

In the case of offer variants with an indefinite term, the contract may be terminated by either party at any time. To terminate, the customer may send a notification to Kaminlicht at any time. However, a cancellation must be made no later than 7 days before the goods are sent. Otherwise, Kaminlicht cannot ensure timely processing.

 

§ 4 Delivery, delivery requirements, retention of title, transfer of risk, interruption of delivery

4.1 Kaminlicht delivers only within the delivery areas specified on www.kaminlicht.de. If the order relates to a voucher, delivery shall be made by email.

4.2 We deliver to the address specified in your customer area on the website. In the event of a change of address, please update the new address in your customer account immediately. Kaminlicht can only consider the addresses stored in the customer account during order processing. If delivery is to be made to a different address, please state this expressly when placing the order.

4.3 The customer must ensure that personal handover of the goods is possible at the specified delivery address. Otherwise, the customer shall be in default of acceptance. The contract may also be fulfilled by leaving the goods in front of the apartment door, in front of the front door, or by delivering the goods to a neighboring household or business. The time of transfer of risk shall be deemed to be the time when the goods are left or delivered to the customer or a neighboring household.

4.4 If the goods have not yet been paid for at the time of personal handover, Kaminlicht retains title until the purchase price has been paid in full.

4.5 Kaminlicht is entitled at any time to make partial deliveries and render partial performance, provided this is reasonable for the customer.

4.6 Kaminlicht does not always have control over the delivery time. In cases of force majeure (strike, official intervention, shortages of energy and raw materials, transport bottlenecks for which Kaminlicht is not responsible, operational disruptions for which Kaminlicht is not responsible and which were not culpably caused by Kaminlicht), Kaminlicht shall notify the beginning and end of such obstacles without delay. If Kaminlicht is unable to deliver for more than 4 weeks after the original delivery date, the customer shall be entitled to withdraw from the contract. Further claims, in particular claims for damages, are excluded.

 

§ 5 Prices and shipping costs, due date

5.1 Prices include VAT and, unless otherwise stated in the offer, shipping costs within Germany.

5.2 Shipping and packaging costs for deliveries within Germany are shown separately during the ordering process. Unless free shipping has been specified, these costs shall be borne additionally by the customer. Shipments abroad are made upon request and by prior arrangement.

5.3 Kaminlicht's claims are due immediately, without prejudice to any statutory right of withdrawal. The invoice is issued upon dispatch of the goods. Kaminlicht sends invoices and credit notes exclusively in electronic form. You agree to this.

5.4 Credit credited to your customer account from promotions will automatically be offset against the purchase price of the next possible delivery. If the credit exceeds the purchase price of the delivery, it will be offset against subsequent deliveries until the credit is exhausted.

5.5 If you as the customer are in default of payment, Kaminlicht reserves the right to charge a flat reminder fee as damages for default in the amount of EUR 5.00 per reminder.

 

§ 6 Payment in advance, cash on delivery, and credit card

6.1 If the customer has chosen payment in advance, they undertake to pay the purchase price immediately after conclusion of the contract. In the case of payment in advance, Kaminlicht will not dispatch the goods before receipt of payment. There is no entitlement to prior delivery.

6.2 If Kaminlicht delivers cash on delivery, the purchase price becomes due upon receipt of the goods.

6.3 If payment by credit card is selected, the account or credit card will be charged immediately.

 

§ 7 Payment by direct debit, invoice (payment provider Billpay GmbH)

7.1 Purchase on account In the case of purchase on account, the invoice amount is due for payment to our external partner Billpay GmbH (https://www.billpay.de/endkunden/) on the calendar date specified in the invoice (20 or 30 calendar days after the invoice date). Payment by invoice is not available for all offers and requires, among other things, a successful credit check by Billpay GmbH. If the customer is permitted to purchase on account for certain offers following a credit check, payment shall be processed in cooperation with Billpay GmbH, to whom we assign our payment claim. In this case, the customer may only make payment to Billpay GmbH with discharging effect. Even in the case of purchase on account via Billpay, we remain responsible for general customer inquiries (e.g. regarding goods, delivery time, shipping), returns, complaints, declarations of withdrawal and returns, or credit notes. The General Terms and Conditions (https://www.billpay.de/allgemein/datenschutz/) of Billpay GmbH apply.

7.2 Purchase by direct debit; direct debit authorization; processing fee for returned direct debits

(a) In the case of purchase by direct debit, the payment amount is due immediately for collection by our external partner Billpay GmbH (https://www.billpay.de/endkunden/) from the current account specified during the ordering process at the credit institution specified there (the current account). You hereby grant Billpay GmbH a SEPA direct debit mandate for the collection of due payments and instruct your bank to honor the direct debits. Billpay's creditor identification number is DE19ZZZ00000237180. The mandate reference number will be sent to you later by email.

Note: Within eight weeks from the debit date, you may request reimbursement of the debited amount. The terms agreed with your bank shall apply. Please note that the due claim remains outstanding even in the event of a returned direct debit. Further information can be found at https://www.billpay.de/sepa.

The advance notification of the SEPA direct debit collection will be sent to you by email at least one day before the due date to the email address provided by you during the ordering process. If the current account does not have sufficient funds, the account-holding bank is under no obligation to honor the debit. Partial payments are not made in the direct debit procedure.

(b) Payment by direct debit is not available for all offers and requires, among other things, a successful credit check by Billpay GmbH (https://www.billpay.de/endkunden/) as well as a current account held in Germany. If the customer is permitted to purchase by direct debit for certain offers following a credit check, payment shall be processed in cooperation with Billpay GmbH, to whom we assign our payment claim. In this case, the customer may only make payment to Billpay GmbH with discharging effect. Even in the case of purchase by direct debit via Billpay, we remain responsible for general customer inquiries (e.g. regarding goods, delivery time, shipping), returns, complaints, declarations of withdrawal and returns, or credit notes. The General Terms and Conditions (https://www.billpay.de/allgemein/datenschutz/) of Billpay GmbH apply.

(c) By providing the current account, you confirm that you are authorized to use the relevant current account for direct debit collection and that you will ensure sufficient funds are available. Returned direct debits involve considerable effort and costs for us and Billpay GmbH. In the event of a returned direct debit (due to insufficient funds in the current account, closure of the current account, or unauthorized objection by the account holder), you authorize Billpay to resubmit the direct debit once more for the payment obligation due in each case. In such a case, you are obliged to pay the costs incurred as a result of the returned direct debit. Further claims remain reserved. In view of the effort and costs associated with returned direct debits and in order to avoid the processing fee, we ask that, in the event of a withdrawal or rescission of the purchase contract, a return, or a complaint, you do not object to the direct debit. In such a case, after coordination with us, the payment will be reversed by bank transfer of the corresponding amount or by credit note.

 

§ 8 Retention of title, set-off, right of retention

8.1 In the case of consumers, we retain title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur acting in the exercise of your commercial or independent professional activity, a legal entity under public law, or a special fund under public law, we retain title to the purchased item until settlement of all outstanding claims arising from the business relationship with the customer. The corresponding security rights are transferable to third parties.

8.2 You are only entitled to a right of set-off if your counterclaims have been legally established, are undisputed by us, or have been acknowledged by us. Furthermore, you are only entitled to a right of retention if and insofar as your counterclaim arises from the same contractual relationship.

8.3 If the customer is in default with any payment obligations toward us, all existing claims shall become immediately due.

 

§ 9 Warranty, transport damage

9.1 The customer is requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage. Any objections must be reported to Kaminlicht and the delivery agent as quickly as possible.

9.2 Statutory provisions shall apply to claims for defects within the statutory limitation periods.

9.3 If the goods are delivered with obvious transport damage, the customer is requested to report this immediately to the carrier and to contact Kaminlicht. In doing so, the customer assists Kaminlicht in enforcing claims against the carrier and the transport company. However, failure to make a complaint or to contact Kaminlicht shall have no consequences whatsoever for the customer and their rights, in particular warranty rights.

 

§ 10 Redemption conditions for gift vouchers

10.1 Gift vouchers are vouchers that the customer can purchase. Vouchers can only be redeemed for the purchase of items at www.kaminlicht.de. Gift voucher credit will not be paid out in cash or accrue interest.

10.2 Gift vouchers and credit can only be redeemed before completion of the ordering process. They cannot be applied to an order retrospectively. Cancellation of the purchase of a voucher is only possible if the voucher has not yet been applied to an order or credited as balance to the customer account.

10.3 If the voucher balance is insufficient for an order, the customer may pay the difference using the other available payment methods. More than one gift voucher may be used for one order. Gift vouchers cannot be combined with promotional codes. The gift voucher is transferable. Reproducing, editing, or manipulating vouchers is not permitted.

10.4 Kaminlicht accepts no liability for the loss, theft, or illegibility of vouchers not caused by us. In addition, Kaminlicht accepts no liability if there are typing errors in the email address of the voucher recipient.

10.5 If the customer used a gift voucher for a purchase, Kaminlicht reserves the right, in the event of a return of the goods, to credit the amount paid with the gift voucher to the customer's account.

 

§ 11 Redemption conditions for promotional codes

11.1 Promotional codes are vouchers issued as part of advertising campaigns with a specific period of validity. They can only be redeemed in the specified online shop, only during the specified period, and only once as part of an order process. Further restrictions on the usability of the promotional codes may also be stated on the vouchers.

11.2 The order value must be at least equal to the amount of the promotional code. Any remaining credit will not be refunded. Promotional codes can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible. The balance of a promotional code will neither be paid out in cash nor accrue interest. The promotional code cannot be transferred to third parties. Multiple promotional codes cannot be combined. Promotional codes cannot be used to purchase gift vouchers.

11.3 If the balance of a promotional code is insufficient for the order, the difference may be paid using the offered payment methods. The promotional code will not be refunded if goods are returned in whole or in part, provided that the promotional code was issued as part of a promotional campaign and no consideration was given for it.

11.4 If the customer used a promotional code for their purchase, Kaminlicht reserves the right to charge the customer the original price of the goods they keep if, as a result of their withdrawal, the total value of the order falls below the respective value of the promotional code.

 

§ 12 Liability of Kaminlicht, obligations of the customer

12.1 Kaminlicht shall be liable in the event of damage to the customer arising from injury to life, body, or health caused by a breach of duty by Kaminlicht or one of its legal representatives or vicarious agents, (b) under the Product Liability Act, from the assumption of a guarantee, or due to fraudulent misrepresentation, (c) if Kaminlicht or its legal representatives or vicarious agents caused the damage intentionally or through gross negligence, and/or (d) if the damage was caused by a breach of an obligation of Kaminlicht, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may rely (cardinal obligation).

12.2 Claims for damages are limited to foreseeable damage typical for the contract. In other cases, Kaminlicht's liability is excluded irrespective of the legal grounds.

12.3 The liability provisions in the preceding paragraphs also apply to the personal liability of the executive bodies, employees, and vicarious agents of Kaminlicht.

12.4 The customer is obliged to carefully read and observe product, consumption, and warning information relating to delivered products before use.

 

§ 13 Applicable law

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

§ 14 Severability clause

Should individual provisions of the contract, including these provisions, be or become wholly or partially invalid, or should the contract contain an unforeseen gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The respective statutory provisions shall replace the invalid or missing provisions.