klunk GmbH ("klunk"), operates the store klumo.com ("klunk website") on the Internet. In order to stay on the klunk website, especially to view Membership requires the user to register (§ 3). You will receive personal information about upcoming sales promotions about klunk by e-mail, provided that you have agreed to receive these e-mails. The prices stated on the website are final prices including VAT. Shipping costs and handling fees will be shown separately and comprehensible for you.
2.1 By agreeing to these terms and conditions (hereinafter referred to as "GTC") when registering, you agree to be bound by them. These GTC define the conditions under which you can use the services of klunk.
2.2 You may access, save and print these GTC at any time by clicking on the "GTC" link on the klunk website.
2.3 General terms and conditions of users and partners do not apply in direct business transactions with klunk, even if klunk does not expressly object to them and/or provides services without objection. This also applies if users or partners of conflicting terms and conditions have prescribed a special form for the objection. Any deviating terms and conditions will only be applied if expressly confirmed in writing by klunk in advance.
2.4. The contract language is German.
The presentation of products and the presentation of goods on the klunk Website in the context of sales promotions does not constitute a legally binding offer, but merely an invitation to private customers to place an order. There is no legal claim to the availability and deliverability of the presented products. The sales promotions are only aimed at consumers within the meaning of § 13 BGB (German Civil Code), i.e. any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity. Only household quantities may be ordered. klunk reserves the right to make orders from the sales promotions dependent on the fulfillment of certain individual requirements in due course. To order a product displayed at klunk, you must complete the following steps: You put the item in the shopping cart. In the next step you will enter all the necessary information about the billing address and shipping address. During this step we ask you to actively agree to the terms and conditions, the privacy policy and the cancellation policy. After that you enter the details of your favorite payment method. Finally, you can check your order once again and complete it by clicking the "Buy now" button. By submitting your online order, you are making an offer to klunk to enter into a legally binding contract. By clicking the button "Place order" you place a binding order of the goods contained in the shopping cart and confirm that you are authorized to place the order, i.e. for minors with the consent of their legal representatives. Immediately after receipt of your order, you will receive an automated e-mail confirming the receipt of your offer and thus the conclusion of the contract. All goods remain the property of klunk until full payment of the purchase price and all claims associated with the purchase. Before transfer of ownership you are not entitled to dispose of the goods. If third parties assert rights to the goods, you must inform klunk immediately. If klunk determines before the conclusion of the contract that the ordered product is not available, we will inform you immediately and refund any payments already received without delay. If klunk determines after the conclusion of the contract that the ordered product is not available as a result of untimely or incorrect delivery (including the delivery of short quantities) by our upstream supplier, for which klunk is not responsible, contrary to expectations and despite a delivery contract concluded by us with the supplier for the ordered goods, we reserve the right to withdraw from the contract. In such a case klunk will inform you immediately about the unavailability of the ordered product and will refund any payments received from you without delay. klunk is entitled to reject offers from you without giving reasons. In particular, klunk reserves the right to reject an offer if the shipping address is outside of Germany or Austria, if there are indications that the purchaser is not a consumer, if an order exceeds the usual household quantity or if payment is not made even after a request with a deadline.
4.1 klunk offers the services only within the framework of the recognized rules of technology. klunk may restrict the services if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures and this serves the proper or improved provision of the services (maintenance work). For technical reasons in particular, it may be temporarily impossible or only possible to access the services to a limited extent (unforeseen system failures).
4.2 It is prohibited to use the services in a manner that violates legal regulations, the rights of third parties or common decency. It is also prohibited to use the Services in a manner that is abusive or likely to damage the good reputation of klunk. In particular, it is prohibited to use the services for subsequent purposes. No anti-competitive actions may be undertaken and/or promoted, including progressive customer advertising (such as chain, pyramid or snowball schemes). It is prohibited to use pornographic content or content that violates youth protection laws or to advertise, offer or distribute pornographic products or products that violate youth protection laws. Our services may not be used for purposes other than those for which they are intended, e.g. by using "robots", "spiders" or "offline readers" or other malware. It is prohibited to upload content to our services that is protected by copyright unless the user has the rights to it or the necessary consents. Furthermore, klunk shall not be used in a manner that adversely affects the availability of our services and performance to other users. The dissemination of offensive, racist or otherwise unlawful content or information, including offensive or defamatory content, through our services is prohibited, regardless of whether such content relates to other users, employees of the operator or other persons or companies. Furthermore, no photos with defamatory, offensive, racist or otherwise illegal or immoral content are to be used. It is prohibited to send chain letters, to intercept or attempt to intercept messages, to advertise shopping clubs, to send messages that serve a commercial purpose, as well as to use our services to threaten or unreasonably harass other persons (especially through spam) or to violate the rights (including personal rights) of third parties. Furthermore, it is not allowed to use temporary e-mail addresses of so-called 10-minute-mail services and to publish names, addresses, telephone or fax numbers, e-mail addresses, user names or other contact data of messenger services.
4.3 klunk has checked and posted its own content on the klunk Website to the best of its knowledge and belief. klunk does not control the content published by third parties on the klunk Website. klunk also does not check third party websites that can be accessed via links on the klunk website, so that no responsibility is assumed for the form, accuracy, appropriateness and quality of the corresponding content. klunk will remove or suppress content posted by third parties or refrain from linking if klunk discovers indications that the posted content or the external websites violate applicable law or these GTC.
4.4 For Germany: In the context of checking your creditworthiness, we reserve the right to obtain information on your previous payment history and creditworthiness information on the basis of mathematical-statistical procedures using address data via the company BFS finance GmbH, Gütersloher Str. 123, 33415 Verl from the company infoscore Consumer Data GmbH, Rheinstrasse 99, 76532 Baden-Baden, and for Austria, on the basis of mathematical-statistical procedures using address data via the company BFS finance GmbH, Gütersloher Str. 123, 33415 Verl from the company CRIF GmbH, Diefenbachgasse 35, A-1150 Vienna.
In order to be able to offer you the payment methods of Shopify, Klarna and Paypal, we may pass on your personal data in the form of contact and order data to the providers during the order process, so that the providers can assess whether you are eligible for the payment methods from the providers and in order to adapt these payment methods for you. Your submitted personal data will be processed in accordance with the privacy policy of the Providers.
5.1 For sweepstakes, raffles or other promotions (hereinafter "Promotion") organized by klunk, the following conditions apply. Winners or beneficiaries will be determined from among all persons who have participated in the Promotion and have met the requirements set by klunk. Winners or beneficiaries will be notified by klunk of the prize or beneficiary by email via the email address provided during registration. If the email contains a notice that the winner or beneficiary must contact klunk within a specified period of time to accept the prize, the prize will be forfeited upon expiration of the deadline if the winner has not contacted klunk accordingly. The prizes or benefits offered in the promotions cannot be exchanged, nor is cash payment possible. Participants in a promotion agree that they may be named on the klunk website and other klunk services and in press publications if they win. klunk may exclude participants from a promotion if they manipulate the sweepstakes or promotion mechanisms by unfair means or in violation of these TOS. klunk may, at its sole discretion, punish such manipulation with exclusion. klunk reserves the right to cancel promotions or extend them beyond the original period.
5.2 The following terms and conditions apply to sweepstakes on social networks (hereinafter referred to as "Social Media Sweepstakes") organized by klunk.de on Facebook and/or Instagram:
5.2.1 General: Social media sweepstakes are organized by klunk GmbH (Holzmarktstr. 15, 10179 Berlin). The respective social media sweepstakes ends at the specified time. klunk has the right to temporarily or permanently discontinue social media sweepstakes without giving reasons.
5.2.2 Conditions: Unless otherwise specified in the respective social media sweepstakes, persons who are resident in one of the countries to which we deliver (Germany, Austria, Switzerland, Belgium, Denmark, Finland, France, Great Britain, Italy, Luxembourg, the Netherlands, Sweden and Spain) are eligible to participate. Eligible participants must be at least 18 years of age while participating. Each participant may only enter the respective social media sweepstakes once. This also applies if he or she has multiple Instagram or Facebook memberships. klunk employees are excluded from participation. Participation takes place according to the respective general conditions in the post. Entries that are offensive, abusive, misleading, unethical, discriminatory or defamatory in nature are not permitted and will not be considered. Any participant who attempts to falsify the result by technological means will be disqualified.
5.2.3 Winning: Winners will be selected at random by a klunk employee. Winners will be notified in the comments or via a private message on Facebook or Instagram. Any changes to the respective social media sweepstakes will be announced in a timely manner on the respective social media page. The claim to the prize will be forfeited and awarded to another participant if the winner does not get back to us within seven days or does not comply with the conditions of participation listed above. A cash payment of the prize is not possible.
5.2.4 Data protection: Insofar as personal data (name, date of birth, postal and e-mail address) of participants is collected within the scope of the respective social media sweepstakes, this data will be collected, processed and used by klunk exclusively for the purpose of conducting the social media sweepstakes. The data will be treated with absolute confidentiality and will not be passed on to third parties. You can find out more about klunk's privacy policy here.
5.2.5 Legal Basis: The legal process is excluded. The respective social media sweepstakes is in no way connected to or sponsored, supported or organized by Instagram or Facebook. By participating in the respective social media sweepstakes, participants accept the T&Cs and the privacy policy.
The following terms and conditions apply to klunk promotion vouchers (and analogously klunk credits). klunk vouchers for goods can be redeemed for all products posted on the klunk website, unless the redemption of klunk vouchers is excluded on the promotion overview or product overview page or it is a promotion where the order is placed via the website of a third party; this is explicitly marked in each case. The purchase price of the products ordered must be at least equal to the value of the voucher, unless otherwise notified when the voucher is issued. klunk Vouchers for shipping and handling may be redeemed for the flat rate shipping and handling charges applicable to orders placed on the klunk website, unless the redemption of klunk Vouchers is appropriately excluded on the promotion overview or product overview page, or the promotion is one in which the order is placed through a third party website. klunk coupons will be based on codes provided to you personally; codes generally expire after one use. Validity period, minimum order value, if any, or other conditions will be determined by klunk and announced in the corresponding promotion; minimum order value in this case refers to the purchase price including VAT and shipping costs will not be taken into account. Only one klunk voucher can be redeemed per order; multiple klunk vouchers cannot be combined. If you reverse the purchase of an item where you used a klunk voucher, the voucher amount will not be refunded and the voucher cannot be reused; This does not apply if you purchased the klunk voucher directly from klunk against payment of a monetary amount. You cannot use a klunk Voucher that you did not purchase by paying a monetary amount directly from klunk. There will be no cash payment or interest on the klunk Voucher. klunk Vouchers are issued personally to a Member and cannot be transferred to any third party; if klunk learns of the transfer of a Voucher, klunk reserves the right to void the corresponding Voucher. If klunk indicates that the voucher is only valid for new customers, it is necessary for the issuance of the voucher that a person registers for the first time with klunk as a member. With the exception of a loss of the Voucher for which klunk is responsible, klunk shall not be liable for the loss or theft of the Voucher; replacement Vouchers will only be issued if klunk is liable for the loss of the Voucher. Additional conditions or limitations for the redemption of promotional vouchers may be listed in the store terms and conditions or when the voucher is issued.
7.1 The warranty is generally governed by the statutory provisions of the Federal Republic of Germany. Thus, in the event of a defect in the goods, you have the legal options of rectification (e.g. delivery of defect-free goods), withdrawal and reduction.
7.2 klunk's liability for damages towards consumers is limited. Irrespective of the type of damage, liability for damages is excluded, unless otherwise stipulated below. klunk shall be liable solely in accordance with the statutory provisions if you assert claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. klunk shall be liable solely in accordance with the statutory provisions if klunk culpably breaches a material contractual obligation. An essential contractual obligation in this sense is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place and on the fulfillment of which you may regularly rely. klunk shall also be liable solely in accordance with the statutory provisions in the event of culpable injury to life, limb or health; this shall also apply to mandatory liability under the Product Liability Act.
7.3 The same limitations of liability for damages apply to companies that directly or indirectly participate in sales campaigns contrary to § 4 as apply to consumers, with the further limitation that the liability for damages is limited to the foreseeable damage typical for the contract, unless there is liability due to intentional action or due to injury to life, body or health.
7.4 The aforementioned exclusions and limitations of liability vis-à-vis entrepreneurs or consumers do not apply in the event of the assumption of express warranties by klunk.
The user indemnifies klunk from all claims of third parties, which they assert against klunk due to infringement of their rights or violations of these GTC, the store terms or laws when using klunk. The user shall bear the costs of the necessary legal defense including all court and attorney fees in the amount incurred. This does not apply if the user is not responsible for the violation of the rights of third parties or the violation of these GTC, the store regulations or the laws. In the event of a claim by a third party, the user is obliged to provide klunk immediately, truthfully and completely with all information that may be necessary for the examination of the claims and a defense. Delays in the provision of information shall be borne by the user.
The contents of klunk are protected by klunk under database law, copyright and trademark law. These contents may not be copied or distributed or used or reproduced in any other way without the prior consent of the relevant rights holders. This applies in particular to copying with the aid of robots, crawlers or other automatic mechanisms. Any use or exploitation for any other purpose or modification of the services is prohibited. In particular, the copying or extraction of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be prosecuted under criminal and civil law to the extent permitted by law.
10.1 Should individual provisions of these GTC be wholly or partially invalid or contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. In such a case, the parties undertake to enter into negotiations with the aim of replacing the invalid or incomplete provisions with provisions that come as close as possible to the originally intended provisions while safeguarding the interests of both parties.
10.2 The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods and references to foreign law. If you are a consumer, mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
10.3 If you are a merchant, a legal entity under public law or a special fund under public law or if you do not have a general place of jurisdiction in Germany or in another EU member state, the place of jurisdiction for all disputes arising from this contractual relationship shall be Berlin.
10.4 With the exception of the store terms, no ancillary agreements have been made and must be in writing to be effective.
