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General terms and conditions of the online store k-data.org Stefan Kastner


1. General information

These terms and conditions will be applied to every contract and transaction of a consumer made with www.k-data.org owner Stefan Kastner through this online store (refer to § 13 BGB).
According to section 13 BGB (German Civil Code) the consumer / user is defined as every natural person entering into a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity. These terms and conditions are regarded as agreed upon at the latest when receiving our deliveries or services.
Contrary terms and conditions have to be acknowledged explicitly in writing by k-data.org.
The terms and conditions that are effective on the day of your order will be applied. You will receive those terms and conditions in writing with your delivery.
The contractual language is German.

2. Shipping costs

The costs for shipping, wrapping and insurance of the merchandise depend on the mode of the shipment that you chose.
Please find the shipping costs that you have to pay proportionally below.
If you are paying via cash on delivery, the Deutsche Post AG (a German Mailing Service) will charge you with additional fees.
If you are living outside the European Union, you will have to bear the taxes and tolls additional to the shipping costs.
The shipping costs depend on the mode of the transportation and are explained in detail on the website of k-data.org.
You will be informed about the shipping costs during the order transaction. During this transaction it is still possible for you to cancel one or more articles or the whole order if you consider the shipping costs to be too high.
Standard delivery: Germany 6,90 EUR, European Union 18,00 EUR, all other countries 40,00 EUR



If your order is shipped to you via cash on delivery, the Deutsche Post AG (a German Mailing Service) and/or UPS will charge you with additional fees (a fee for the payment via cash on delivery and a fee for the monetary transaction).
You will have to pay a proportional part of this fee, which is 8,00 EUR. This additional fee will be listed separately in your bill.
For partial deliveries you will only have to pay the shipping costs once!


3. Conclusion of a contract

Your contractual partner for all orders via k-data.org is Stefan Kastner, Alte Poststr. 5, 94036 Passau.
The contract will be closed in German. German law will be applied, but the United Nations Convention on Contracts for the International Sale of Goods will not be applied.
The description of the products in the online store does not represent a binding offer, but is merely a non-binding online-catalogue.
By clicking the button „Bestellung senden“ (=submit your delivery), you are placing a binding order of the products in your Warenkorb (=cart).
The confirmation of the receipt of your order will be sent to you immediately after the submission of your order.
We can accept your order by sending you an order confirmation by e-mail or by sending your order to you within five days after you ordered.
Dimensions, engineering drawings and pictures of the products are non-binding and can differ from the products sent to you.
If it is necessary for the economic interests of k-data.org, k-data.org has the right to improve or change the products we sent to you, but only if this is reasonable for you as a customer and if the products are of the same value as the products you originally ordered.
We can only accept orders of customers, who are 18 years old or older.

4. Orders

In the online store k-data.org you can order a reasonable number of the following articles, as long as they are on stock:
Please find the product descriptions on our website.
The final control of the availability of an article will not be carried out until you submit an order trough k-data.org. If one of the articles that you ordered is not on stock, you will be informed immediately.
Please note that we reserve the right to restrict the amount of products that you can order through this website to a reasonable number.

5. Possible ways of ordering

Online through k-data.org (24 hours a day, seven days a week)
This can be done through clicking at the products that you wish to purchase and by putting them in a virtual shopping cart.
At the end of your purchase you will receive a roundup of the products you want to buy together with the total sum (including sales tax) and information about shipping costs.
Before you submit the delivery, you can check if the details are correct, especially details concerning invoice address and delivery address, prices and the number of products you want to purchase. If there are any mistakes, you can correct those.
The receipt of your order will be confirmed to you via e-mail. With this e-mail we will also send you our bank details.
The placement of your order will be checked through k-data.org.
You can also order by phone, the number of our hotline is: +49/8536/919446.

6. Delivery

We deliver worldwide.
If you don’t tell us otherwise, we will send your order to the delivery address that you gave us.
The delivery will be carried out according to the shipping costs mentioned in number 2 of our terms and conditions.
Even if you have given us an invoice address and a different delivery address, we will assume that this doesn’t change our contractual partner.
The performance of our duties, especially regarding our duty to furnish information, will be guaranteed by us, with regard to the invoice address you gave us.
All articles that you can buy in our online store are on stock.
The time of delivery will be up to four days. If the time of delivery takes longer we will inform you on webpage of the product you are interested in.

7. Damages in transit / Obvious defects

If you receive a good with obvious damages in transit, please claim those damages immediately with the deliverer or contact us without delay.
The absence of a claim or the absence of contacting us does not have any consequences concerning your legal claims or the enforcement of those claims, especially not with regards to warranty claims. But, you are helping us to be able to claim the carrier or the transportation insurance for refund.

8. Payment

You can pay via advance payment, cash on delivery, credit card, PayPal or via bank collection.

•    Advance payment
If you decided to pay via advance payment, we will send you our bank details in the order confirmation and we will deliver the order after we have received your payment.

•    Cash on delivery (only possible for deliveries to Germany)
If you decided to pay via cash on delivery, you will have to pay additional costs of 8,00 EUR. In addition, you will have to pay 6,90 EUR directly to the carrier for the monetary transaction.

•    Credit Card
Your credit card will be charged after the completion of your order.

•    Bank collection
The collection of the invoice amount out of your bank account will be effected with the completion of your order.

•    PayPal
You can pay the invoice amount through the online provider PayPal. You have to be registered with PayPal or you have to register before you can pay via PayPal. After your account details have been legitimatized, you can approve the payment transaction to k-data.org. You will receive further information during the order transaction.

If you return any goods that you purchased, the invoice amount can be reduced (see number 10 b).

If you fall behind with your payment(s), k-data.org reserves the right to charge you with overdue fines. The fines will be 2,75 EUR for the first reminder, and 3,50 EUR for the second reminder.

9. Reservation of proprietary rights

The delivered goods remain our property until they have been completely paid.

10. Right of revocation

10.1 Consumers have the right of revocation for two weeks.

Revocation instructions for the delivery of goods


Right of revocation

You may declare the revocation of your contractual statement in text form (e.g. letter, fax or email) or by returning the merchandise within a period of two weeks. The revocation does not have to contain any reasons. We will send these revocation instructions to you again in text form. The revocation period commences the day following the receipt of merchandise (if you receive recurrent deliveries not before you have received the first partial delivery) and this revocation instruction in text form, but not before we fulfill our duties concerning information corresponding to paragraph 246 § 2 BGB in conjunction with § 1 passage 1 and 2 EGBGB and our duties corresponding to § 312e passage 1 sentence 1 BGB in conjunction with paragraph 246 § 3 EGBGB.
In order to meet the revocation deadline it is sufficient to dispatch the revocation or goods in time.
The revocation is to be addressed to:

k-data.org
Stefan Kastner (owner)
Alte Poststr. 5
94036 Passau
Germany

Fax: +49/8536/ 919450+49 (0) 851 / 21097893


10.2 Consequences of revocation

In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. In other respects you can avoid the obligation to compensate for the deterioration due to the utilization of the good as intended by not using the goods as if they were your property and by refraining from doing anything that could impair their value.
Things that can be shipped by parcel are to be returned on our risk. You are obliged to bear the costs of the return shipment in Germany, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of 40,00 EUR or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. Things that cannot be shipped by parcel will be picked up. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.

End of revocation instructions


11. Agreement about absorption of costs

If you exercise your right of revocation, you are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of 40,00 EUR or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge.

12. Battery law – information obligation

Since our deliveries can contain batteries or rechargeable batteries, we are obliged by the German battery law to inform our customers in accordance with the law. Batteries and rechargeable batteries can’t be disposed of in the garbage, the end user is obliged by law to return old batteries and accumulators. Old batteries can contain harmful substances who can damage your health if they are stored or disposed of properly. Batteries also contain important raw materials, for example iron, zinc, manganese or nickel, and can be recycled. You can either send the batteries back to us or you can return them free of charge to the local retailer or to the communal collecting point. The return of batteries of the end user to the local retailer is restricted to a reasonable amount of batteries and is restricted to only the batteries that the local retailer offers in his product range.



 
The sign with the crossed out waist container means, that you are not allowed to dispose of batteries and rechargeable batteries in the garbage.
Beneath this sign you will also find additional symbols with the following meaning:
Pb: Battery contains lead
Cd: Battery contains cadmium
Hg: Battery contains mercury

www.k-data.org owner Stefan Kastner

13. Data privacy note

Thank you for your interest in our website. The protection of your privacy is of fundamental importance for us. Below please find information about our data privacy principles.

13.1 Capture, processing and utilization of personal data

It is up to you to decide which information you wish to entrust us with while visiting our website. All the public webpages of k-data.org can be navigated anonymously. We only collect statistical, non-traceable data to improve our internet presence. We do not gather any additional personal data, except if you give us your consent, or provide such data voluntarily, e.g. when you are ordering.

Personal data is only collected when you voluntarily provide it in the scope of your product order, when you open a client account or when you register for our newsletter.

We shall only use your data for the performance and handling of your order.

After the handling of the order has been completed and we have received your full payment, your personal data will be blocked for other usage and will be erased at the end of regulations according to tax law and commercial law, provided that you have not agreed expressly to the further use of your data.

We save the contract text and email you your order details. The general terms and conditions will be sent to you in written form with your order. You can have a look at your past orders in our customer login area.

When you register for the newsletter, your e-mail address will be used for advertising purposes with your approval until you unsubscribe from the newsletter. You can unsubscribe from the newsletter any time.

13.2 Use of cookies

We gather and evaluate various data to improve the accessibility and efficiency of our internet presence. For this purpose we, where appropriate, automatically send you small files, so-called cookies, which provide us with information about the number of visitors of each individual web page, about the visit duration, search terms used, and navigation paths.
Most of the cookies used by us are deleted from your hard drive at the end of the browser session (so-called session cookies). Other cookies remain on your computer and allow us to identify your computer during your next visit (so-called long-term cookies). These cookies are used for welcoming you by name, for saving your password so that it is unnecessary when reordering to fill it in once again or to fill in your personal data in a form. Our partner companies are not permitted to use cookies to collect, process or use data via our website.

13.3 Revocation of consents

Where applicable, you have expressly given your consent. We would like to point out that you can revoke this consent at any time with effect for the future.

Permission for e-mail advertising purposes
„I would like to subscribe for your newsletter (unsubscription possible at any time).”

13.4 Transfer of personal data

We shall, to the necessary extent, transmit your data to the forwarding company commissioned with the shipping. For the handling of payments we transmit your data to the assigned credit institution.

13.5 Right to obtain information

According to the German Personal Data Act you have the right to free of charge information concerning your stored data as well as the right of correction, stoppage and erasure of your data.

13.6  Contact person for data protection

Should you have any questions regarding the collection, processing or use of your personal data, or should you wish to make enquiries, correct, block or delete data or retract your consent, please contact:

k-data.org
Stefan Kastner (owner)
Alte Poststr. 5
94036 Passau
Germany
Fax:  +4985121097893


13.7 Information about Google Analytics

This website uses Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies”, text files which are saved on your computer to enable you to analysis the use of the website by you. The information generated by the cookie about your use of this website (including your IP address) is transferred to a Google service in the USA where it is saved. Google will use this information to analyse your use of the website, to compile reports about website activities for the website operator and to provide other services relating to the website use and internet use. Google may also transfer this information to third parties if this is legally permitted or if third parties process these data on behalf of Google. In no circumstances will Google link your IP address with other Google data. You can prevent the installation of the cookies by making the appropriate setting in your browser software; we would like to point out, however, that in this case you may be unable to use all the functions of this website in full. By using this website you agree to the data generated about you being used by Google in the manner described above and for the purposes specified above. You may revoke <http://tools.google.com/dlpage/gaoptout?hl=de> your consent for this data collection and storage at any time with effect for the future. In view of the current debate relating to the use of analysis tools with complete IP addresses we would like to point out that this website uses Google Analytics with the extension “_anonymizeIp()” and therefore IP addresses may only be processed in short so as to rule out the possibility of direct reference to an individual.

14. Sales tax

All prices include all taxes, especially the legal percentage of the sales tax.

15. Final provisions

If any term or condition or part of a term or condition of these general terms and conditions is not legally valid, this shall not affect the validity of the other terms and conditions and parts thereof.  In such case the invalid or void condition shall be interpreted or substituted by such condition which comes closest to the intended economic objective of the invalid or void condition.

Updated July 2010

 

This is a demo store. Any orders placed through this store will not be honored or fulfilled.