General terms and conditions and customer information

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider ( KuBa Label UG (limited liability) ) via the website www.kuba-fashion.com. Unless otherwise agreed, you may object to the inclusion of your own terms and conditions.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conditions of the contract

(1) The subject of the contract is the sale of goods .

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in your "shopping cart." You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar.
After clicking the “Checkout” or “Continue to order” button (or similar name) and entering your personal data as well as the payment and shipping conditions, the order details will be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selections or enter your data there. Finally, the order details will be displayed as an order overview on the instant payment system provider's website or after you have been redirected back to our online shop.

Before submitting your order, you have the opportunity to review the details in the order overview, change them (also using the "back" function of your internet browser) or cancel the order.

By submitting the order via the corresponding button (“order with payment”, “buy” / “buy now”, “order with payment”, “pay” / “pay now” or similar designation), you declare your legally binding acceptance of the offer, which creates a contractual relationship.

(4) Your requests for a quote are non-binding. We will submit a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partially automated via email. You have therefore ensured that the email address you have provided us with is correct, that receipt of the emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.

§ 3 Special agreements on offered payment methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:

  • Direct debit (“Pay now”)
  • Credit card ("Pay now")
  • Instant bank transfer (“Pay now”)

The use of payment methods such as invoice, installment purchase, and/or direct debit requires a positive credit check. Therefore, we will forward your data to Klarna for address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you payment methods that are permissible based on the results of the credit check.

Further information about Klarna and the Klarna Terms of Use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/ .

(2) SEPA direct debit
When paying by SEPA direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.

The direct debit will be collected within 2-4 days after the contract is concluded.

The deadline for submitting the pre-notification is reduced to five days before the due date. You are responsible for ensuring that your account has sufficient funds by the due date. In the event of a returned direct debit due to your fault, you will be responsible for any applicable bank fees.

(3) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment processing will be carried out by the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. “PayPal” may use other payment services for payment processing; if special payment terms apply, these will be expressly referred to. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .

(4) Payment via “Stripe”
If you select a payment method offered by “Stripe,” payment processing will be carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”). The individual payment methods via “Stripe” will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. “Stripe” may use other payment services for payment processing; if special payment terms apply, these will be expressly referred to. Further information about “Stripe” can be found at https://stripe.com/de .

§ 4 Right of return , retention of title

(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 5 Warranty

(1) The statutory liability for defects applies.

(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contractual declaration was made and the deviation was expressly and explicitly agreed between the contracting parties.

§ 6 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. For consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by the mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle).

(2) The fulfillment of all services arising from the business relationship with us, as well as the place of jurisdiction, shall be our registered office, unless you are a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also bring proceedings before a court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.




II. Customer information

1. Identity of the seller

KuBa Label UG (limited liability)
Fuhrmannstraße 4
93413 Cham
Germany
Phone: +4999719969350
Email: kuba-office@t-online.de


Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/consumers/odr .

We are willing, but not obliged, to conduct dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The contract language is German .

3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract details can be printed out using the browser's print function or saved electronically. After we receive the order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again via email.

3.3. For inquiries outside the online shopping cart system, you will receive all contractual details as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, available at : https://www.haendlerbund.de/de/downloads/kaeufersiegel/ kaeufersiegel -zertifizierungskriterien.pdf .

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

6.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.

6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly marked button on our website or in the respective offer, are expressly stated during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.

6.3. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

6.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. Delivery conditions

7.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly marked button on our website or in the respective offer.

7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental damage to the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.

8. Statutory liability for defects

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at : https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .

last updated: 22.10.2024