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 a provider (Kaufbei
GmbH) via the website www.kaufbei.tv. Unless otherwise agreed, the inclusion of any terms and conditions
of your own used by you is contradicted.
(2) Consumer in the sense of the following regulations is any natural person who concludes a legal
transaction for purposes that can predominantly be attributed neither to his commercial nor to his
independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal
capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or
commercial activity.
§ 2 Formation of the contract (1) The subject of the contract is the sale of goods.
(2) Already with the placement of the respective product on our website, we submit a binding offer to
conclude a contract 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 placed 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 the personal data as well as the payment and shipping
conditions, all order data will finally be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment
method, you will either be taken to the order overview page in our online store or you will first be redirected
to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter
your data there. Finally, you will be redirected back to our online store to the order overview page.
Before sending the order, you have the opportunity to check all the information again, change it (also using
the "back" function of the Internet browser) or cancel the purchase.
By sending the order via the "buy" button, you declare the legally binding acceptance of the offer, whereby
the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer in
text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the
conclusion of the contract is carried out by e-mail, partly automatically. 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 Term of Contract / Termination for Subscription Contracts
(1) The subscription contract concluded between you and us has the agreed term. If the contract is not
terminated by one of the parties in text form (e.g. e-mail) 3 weeks before the end of the contract (unless a
different period is stipulated in the respective offer), it shall be tacitly extended by the agreed basic term in
each case. If the basic term is more than one year, however, the contract shall be extended by only one year
at a time.
(2) The right to terminate without notice for good cause remains unaffected.
§ 4 Special agreements on payment methods offered
§ 5 Right of Retention, Retention of Title
(2) The goods remain our property until full payment of the purchase price. § 6 Warranty
(1) The statutory rights of liability for defects shall apply.
item.
(1) Credit assessment
If we make advance payments, e.g. payment by invoice or direct debit, your data will be passed on to
Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss, Germany, for the purpose of credit
assessment on the basis of mathematical-statistical methods in order to protect our legitimate interests. We
reserve the right to refuse you the payment method on account or direct debit as a result of the credit
assessment.
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual
relationship.
(2) In the case of used items, claims for defects shall be excluded if the defect only becomes apparent after
one year from delivery of the item. If the defect becomes apparent within one year of delivery of the item,
the defect claims may be asserted within the statutory limitation period of two years from delivery of the
item. The above limitation shall not apply
- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of
other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the
(3) As a consumer, you are requested to check the item 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 do not comply with this, this has no effect on your statutory warranty claims.
§ 7 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 granted by mandatory provisions of the law of the state of the consumer's habitual residence is
not withdrawn as a result (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of
jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under
public law or a special fund under public law. The same shall apply 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 brought. The right to bring an action before the court at another statutory place of jurisdiction shall
remain unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not
apply.
§ 8 Protection of minors more info at: https://www.kaufbei.tv/Jugendschutz/
(1) When selling goods that are subject to the regulations of the German Youth Protection Act, we only enter
into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective item description.
(2) By sending your order, you assure that you have reached the legally required minimum age and that the
information you have provided regarding your name and address is correct. You are obliged to ensure that
only you yourself or persons authorized by you to receive the delivery, who have reached the legally
prescribed minimum age, receive the goods.
(3) Insofar as we are obliged by law to carry out an age check, we shall instruct the logistics service provider
commissioned with the delivery to hand over the delivery only to persons who have reached the legally
prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods
shown for the age check.
(4) Insofar as we indicate in the respective item description that you must have reached the age of 18 in
order to purchase the goods, the above paragraphs 1-3 shall apply with the proviso that the age of majority
must be present instead of the legally prescribed minimum age.
(5) The supply of products containing spirits (spirits, also: mixed drinks containing spirits and tobacco
products) to children and young people under the age of 18 is prohibited. Their consumption may also not
be permitted to those under 18 years of age. Other alcoholic products (beer, wine, sparkling wine, also:
mixed drinks containing spirits and tobacco products) may not be given to children and young people under
the age of 16. By sending your order to us, you assure us that you are of legal age. Proof of age must be
provided by sending a copy of your identity card by e-mail, fax or letter. If minors undertake legal
transactions without the required consent of the legal representative, these are invalid according to §3 111
of the German Civil Code and will be rejected by us immediately.
Excerpts from the Protection of Minors Act
§ 1 Definitions
(1) For the purposes of this Act.
1. are children persons who are not yet 14 years old,
2. are young people who are 14 but not yet 18 years old,
3. is a person with legal guardianship who, alone or jointly with another person, has legal
guardianship in accordance with the provisions of the German Civil Code,
4. is a person responsible for upbringing, any person over 18 years of age, insofar as he or
she performs upbringing tasks permanently or temporarily on the basis of an agreement with the person having parental authority or insofar as he or she looks after a child or a young person within the framework of education or youth welfare.
(3) Telemedia within the meaning of this Act are media which are transmitted or made accessible in accordance with the Telemedia Act. The provision of own or third-party content shall be deemed to be transmission or making available within the meaning of sentence 1.
(4) Mail order business within the meaning of this Act is any paid transaction that is carried out by ordering and sending goods by mail or electronic means without personal contact between the supplier and the customer or without technical or other precautions being taken to ensure that the goods are not sent to children and young people.
(5) The provisions of sections 2 to 14 of this Act shall not apply to married juveniles.
§ Section 2 Duty to verify and provide evidence
(1) Insofar as the accompaniment of an educationally responsible person is required under this Act, the persons named in Section 1 (1) No. 4 shall provide evidence of their authorization upon request. Organizers and traders shall verify the authorization in cases of doubt.
(2) Persons for whom age limits are to be observed under this Act shall prove their age in a suitable manner upon request. Organizers and traders shall verify the age in cases of doubt.
§ 9 Alcoholic beverages
(1) In restaurants, points of sale or otherwise in public, it is not permitted to
- Beer, wine, wine-like beverages or sparkling wine or mixtures of beer, wine, wine-like beverages or sparkling wine with non-alcoholic beverages to children and youth under the age of 16,
- other alcoholic beverages or foodstuffs containing other alcoholic beverages in quantities that are not merely negligible may not be supplied to children and adolescents, nor may they be permitted to consume them.
(2) Paragraph 1 No. 1 shall not apply if juveniles are accompanied by a person with legal guardianship. (3) Alcoholic beverages may not be offered in vending machines in public. This shall not apply if a
vending machine
1. is placed in a location inaccessible to children and adolescents, or
2. is set up in a commercially used room and it is ensured by technical devices or by
constant supervision that children and adolescents cannot remove alcoholic beverages.
§ Section 20 No. 1 of the Catering Act remains unaffected.
(4) Sweet beverages containing alcohol within the meaning of Section 1(2) and (3) of the Alcopops Tax Act may be marketed commercially only with the notice "Sale to persons under 18 years of age prohibited, Section 9 of the Youth Protection Act". This notice shall be printed on the prepackage in the same font and in the same size and color as the brand or fancy names or, insofar as
§ (1) Tobacco products and other nicotine-containing products and their containers may not be sold to children or adolescents in restaurants, sales outlets or otherwise in public, nor may they be permitted to smoke or consume nicotine-containing products.
(2) Tobacco products and other nicotine-containing products and their containers may not be offered in
vending machines in public.
This shall not apply if a vending machine
1. is placed in a location inaccessible to children and young people, or
2. it is ensured by technical devices or constant supervision that children and adolescents
cannot remove tobacco products.
(3) Tobacco products and other products containing nicotine and their containers may neither be offered to children and adolescents by mail order nor supplied to children and adolescents by mail order.
(4) Paragraphs 1 to 3 shall also apply to nicotine-free products, such as electronic cigarettes or electronic shishas, in which liquid is vaporized by an electronic heating element and the resulting aerosols are inhaled by mouth, and to their containers.
§ Section 12 Video Media with Films or Games
(1) Recorded video cassettes and other data media suitable for distribution and programmed for playback on or playback on screen devices with films or games (video media) may only be made available to a child or a juvenile in public if the programs have been approved by the supreme
state authority or an organization of voluntary self-regulation within the framework of the procedure pursuant to Section 14 para. 6 for their age group or if they are informational, instructional and educational programs which are labeled "Infoprogramm" or "Lehrprogramm" by the provider.
(2) The markings referred to in paragraph 1 shall be indicated by a clearly visible sign on the image carrier and the cover. The sign shall be affixed to the front of the cover in the lower left-hand corner over an area of at least 1,200 square millimeters and to the image carrier over an area of at least 250 square millimeters. The supreme state authority may
1. Order more details about the content, size, shape, color and placement of the signs and 2. Approve exceptions for placement on the image carrier or cover.
Telemedia providers who distribute films, film and game programs must clearly indicate any existing labeling in their offerings.
(3) Image carriers which are not labeled or which are labeled with "No Youth Release" according to Section 14 (2) by the supreme state authority or an organization of voluntary self-regulation within the framework of the procedure according to Section 14 (6) or according to Section 14 (7) by the provider may not be
1. not be offered, given or otherwise made available to a child or young person,
2. not be offered or provided at off-premises retail outlets, kiosks or other retail outlets
where customers do not tend to enter, or by mail order.
(4) Vending machines for the dispensing of recorded media may not
1. on public traffic areas accessible to children or young people,
2. outside of rooms used for commercial or other professional or business purposes, or 3. be set up in unsupervised entrances, anterooms or corridors only if only image carriers
marked in accordance with Section 14 (2) Nos. 1 to 4 are offered and it is ensured by technical precautions that they cannot be operated by children and juveniles for whose age group their programs are not released in accordance with Section 14 (2) Nos. 1 to 4.
(5) In deviation from Paragraphs 1 and 3, picture media containing excerpts of film and game programs may only be distributed in conjunction with periodicals if they bear a notice from the provider that clearly states that a voluntary self-regulatory organization has determined that these excerpts do not contain any harmful content for minors.
excerpts do not contain any harmful content for minors. The notice shall be affixed to both the periodical print and the image carrier with a clearly visible sign prior to distribution. Paragraph 2 sentences 1 to 3 shall apply mutatis mutandis. The supreme st