Terms and conditions
For the business relationship between the FA. Out of Australia- Kakadu Traders Australia GmbH (hereinafter: seller) and a consumer (hereinafter: customer) apply exclusively General terms and conditions in their Version valid at the time of the order. Consumer is acc. § 13 BGB every natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent activity.
Deviating conditions of the customer are not recognized by the seller, unless the seller gives his express written consent. The terms and conditions can at any time https://outofaustralia.de/pages/agb called up and saved and or printed out using the Internet browser.
If the purchaser is an entrepreneur within the meaning of § 14 BGB, separate terms and conditions apply https://outofaustralia.de/pages/agb-wiederverkaeufer.
2. Conclusion of Contract
The presentation of the products in the seller's online shop does not constitute a legally binding offer, but merely an invitation to submit an offer. Errors are expressly reserved. The customer can send an order to the seller via the Internet (by clicking the "Send order" button), e-mail or in writing. The order constitutes a legally binding offer to conclude a sales contract with the seller. Before the legally binding order is dispatched the customer can view, change or delete the order information at any time.
When ordering via the Internet, the customer receives an automatically sent confirmation of the receipt of the order by e-mail (confirmation of receipt) by clicking the "Send order" button. The confirmation of receipt does not represent acceptance of the offer, but is only intended to inform the customer that an order has been received by the seller. A contract is only concluded when the seller accepts the offer.
The purchase offer is accepted by sending an order confirmation by email or by sending the goods. The purchase contract is only concluded for products that are listed in the order confirmation. The seller is entitled to accept the offer within 14 days after receipt of the order. The seller is also entitled to refuse to accept the offer - for example after checking the creditworthiness of the customer.
If the seller cannot accept the customer's offer, the customer will be informed of the non-acceptance instead of accepting the order. The seller saves the contract text in electronic form when ordering and sends it to the customer as an order confirmation with the terms and conditions by email. -------------------------------------------------- -------------------------------------------------- -------------
Right of rescission
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right, you have to
Kakadu Traders Australia GmbH
inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail).
You can use the attached cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
The revocation must be sent to:
Kakadu Traders Australia GmbH
Effects of cancellation
If you cancel this contract, we have to repay all payments we have received from you, with the exception of the delivery costs incurred, immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract.
For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than 14 days from the date on which you inform us of the cancellation of this contract.
The deadline is met if you send the goods before the 14 day period has expired.
You bear the direct costs of returning the goods.
Kakadu Traders Australia GmbH
You only have to pay for any loss of value of the goods if this loss of value is due to a handling that is not necessary for you to check the nature, characteristics and functioning of the goods.
End of withdrawal
4. Prices, delivery and shipping costs
The delivery takes place against prepayment or on account.
The following payment methods are offered:
- Credit card
- Instant bank transfer
- Payment in advance
- Klarna, payment on account
The seller is entitled to exclude individual payment methods.
With the order confirmation, the seller sends the bank details.
When purchasing on account, the goods are only delivered against prepayment, unless otherwise agreed in writing.
The invoice amount is payable within 10 days of receipt of the order confirmation. The prices stated on the product pages include the statutory value added tax of the Federal Republic of Germany and other price components, shipping within Germany is free of charge. Delivery within Europe is made with the shipping partner Deutsche Post / DHL Express. The shipping costs can be found on the product page, where they are shown separately. Germany standard shipping: Free shipping. The costs for delivery within Germany Island, Germany Express, Europe, outside Europe and overseas will be charged at a flat rate and communicated in the online shop before the contract is concluded.
In the case of surname, there are additional service fees that are composed individually. Deliveries to countries outside the EU may incur additional shipping costs, taxes, customs duties or other charges. These can be obtained from the respective state customs office.
The standard delivery time is 1 to 3 working days after receipt of payment, or for purchase on account after sending the order confirmation.
The seller will point out any different delivery times on the respective product page.
The customer is only entitled to offset if and insofar as his counterclaims have been legally established, are undisputed or have been recognized by the seller. The customer is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
Legal regulations apply. The size specifications may vary slightly depending on the model and version. The representation of the colors in print media and online may vary due to technical reasons and does not constitute a defect here.
The liability of the seller for damage to the customer due to willful or grossly negligent behavior on the part of the seller, for personal injury and damage in accordance with the Product Liability Act is unlimited in accordance with the statutory provisions.
This also applies to damage caused by the seller's vicarious agents. The seller excludes liability for damage caused by slight negligence, provided that this does not concern guarantees or essential contractual obligations, ie obligations whose fulfillment enables the proper execution of the contract in the first place and on the observance of which the customer can regularly trust and trust. The above limitation of liability also applies to the vicarious agents of the seller.
Personal data of the customer are only collected, processed and used by the seller to process the contractual relationship. Disclosure to third parties also takes place exclusively to fulfill the contract.
The data protection declaration contains further information on the collection, processing and use of the customer's personal data.
8. Final provisions The contract is concluded in German only. German law applies to the legal relationship between buyer and seller without the reference norms of international private law and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISGG). For customers within the meaning of these general terms and conditions, ie consumers, the law at the customer's place of residence can also apply, provided that it is mandatory consumer law provisions of the respective country. If the customer is an entrepreneur within the meaning of § 14 BGB, separate terms and conditions apply https://outofaustralia.de/pages/agb-wiederverkaeuferthat will be sent with the order confirmation.
If the customer is a merchant, the place of jurisdiction for all disputes arising from the contractual relationship is the court responsible for the seller's place of business. The seller reserves the right to sue at the place of business of the customer.Online dispute resolution- https://ec.europa.eu/consumers/odr