General Terms and Conditions

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Preamble/Note

This Kanso brand online store is a cooperation between Dr. Sch�r AG and FoodOase GmbH. As FoodOase GmbH is responsible for the entire processing of the online store, it is the sole contractual partner of the store customers. FoodOase GmbH acts in its own name and for its own account.<br=""/> <br=""/> Against this background, we agree the following:

General Terms and Conditions and Customer Information<br=""/> <br=""/> I. General Terms and Conditions of Business<br=""/> <br=""/> � 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (FoodOase GmbH) via the website https://kanso-keto.de/shop. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby objected to.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

� 2 Formation 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 goods intended for purchase are stored in the "shopping cart". You can call up the "Shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort�berweisung) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online store.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the "Back" function of the Internet browser) or canceling the order. By submitting the order via the corresponding button ("order with obligation to pay" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for quotations are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

� 3 Special agreements on the payment methods offered

(1) Payment via Klarna
In collaboration with Klarna Bank AB (publ)Sveav�gen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
Immediate�transfer: Available in Germany. Your account will be debited immediately after placing your order.

Further information and Klarna's terms of use can be found here. General information about Klarna is available here. Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy treated. You can find more information about Klarna here. You can find the Klarna app here.

(2) SEPA direct debit (basic and/or company direct debit)
When paying by SEPA Core Direct Debit or SEPA Business-to-Business 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 1-5 days after conclusion of the contract. The period for sending the pre-notification is shortened to 5 days before the due date. You are obliged to ensure that there are sufficient funds in the account on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.

(3) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.�.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed under a correspondingly labeled button on our website and in the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment terms apply, you will be informed of these separately. Further information about "PayPal" can be found here

� 4 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

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

(3) If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. No pledging or assignment as security shall be permitted prior to the transfer of ownership of the reserved goods.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

� 5 Warranty

(1) The statutory defect liability rights apply.

(2) As a consumer, you are requested to check 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. If you fail to do so, this will have no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and manufacturer's statements.

b) In the event of defects, we shall, at our discretion, remedy the defect by repair or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs arising from the transportation of the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortened period does not apply:

- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the event of statutory rights of recourse that you have against us in connection with defect rights.

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

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of validity).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special asset 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 not known at the time the action is brought. The right to appeal to the court at another statutory place of jurisdiction remains unaffected by this.

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


II Customer information

1. identity of the seller

FoodOase GmbH
Hamburger Str. 131
22926 Ahrensburg
Germany
Phone: 04102-9949800
E-mail: shop@kanso-keto.de


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

We are not prepared to participate in dispute resolution proceedings before consumer arbitration boards.

2. information on the conclusion of the contract

The technical steps for the conclusion of 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 contractual language is German.

3.2 We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. codes of conduct

4.1 We have subjected ourselves to the K�ufersiegel quality criteria of H�ndlerbund 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 modalities

6.1 The prices quoted 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 shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless delivery free of shipping costs has been promised.

6.3 Any costs incurred for money transfer (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

6.4 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

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

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

6.7 In the event of non-payment or return of a direct debit, the customer hereby irrevocably authorizes his bank to inform FoodOase GmbH of his name and current address. FoodOase GmbH may claim from the customer any return direct debit fees charged to FoodOase GmbH for reasons for which the customer is responsible.

6.8 The purchase on account is processed with PayPal. FoodOase GmbH has assigned the claim against you to PayPal (Europe) S.�r.l. et Cie, S.C.A. as part of an ongoing factoring agreement. Payments with debt-discharging effect can only be made to PayPal (Europe)S.�r.l. et Cie, S.C.A.

7. terms of delivery

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

7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

8. statutory liability for defects

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

These general terms and conditions and customer information were prepared by H�ndlerbund lawyers specializing in IT law and are constantly checked for legal conformity. H�ndlerbund Management AG guarantees the legal security 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 update: 16.01.2023