GENERAL TERMS AND CONDITIONS OF
https://www.kunomail.de &
https://www.kunomail.de/onlineshop
https://www.kunomail.com &
https://www.kunomail.com/onlineshop
Welcome to KuNoMAIL!
§ 1 Scope of application and provider
(
1) The General Terms
and Conditions (hereinafter referred to as "GTC") govern the sale of
products and services by Inspired Software (David Kubitsch) (hereinafter
referred to as "Supplier") to you, in the version valid at the time
of the order.
(2) Deviating GTC of the customer are rejected.
(3) Please read these terms carefully before placing an order with
Inspired Software (David Kubitsch). By placing an order with Inspired Software
(David Kubitsch) you agree to the application of these terms and conditions to
your order.
(4) On KuNoMAIL we offer the sale of the following products:
- email software for Windows PC for direct download
- digital add-on products such as stationery, greeting cards,
assistants, skin packages, GIF animations, sound & templates of all kinds
(5) On KuNoMAIL we offer the following services:
- IT support services (set-up assistance, problem solving, etc.)
for a fee.
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are directed exclusively to end customers with a
billing and delivery address in:
worldwide.
In the case of individual bulky goods, the possible delivery
addresses and the place of delivery may be restricted; the restriction is shown
in the respective list price.
(3) The customer must be at least 18 years of age.
(4) The presentation of the goods in the online shop does not
constitute a legally effective offer. The presentation of the goods merely
invites the customer to make an offer.
(5) Your order constitutes an offer to KuNoMAIL to conclude a
purchase contract. The customer makes a binding offer when he has gone through
the online ordering process by entering the information requested there and
clicks on the "buy" button in the last ordering step.
(6) The purchase contract between the Supplier and the Customer
shall only be concluded by means of a declaration of acceptance by the
Supplier. This takes place on the earlier of the two dates, either sending the
goods or sending a confirmation of dispatch by e-mail. Please note that the
confirmation of receipt of your order does not constitute a declaration of
acceptance in the aforementioned sense.
(7) The validity of contracts for larger than normal household
quantities as well as the commercial resale of the object of purchase requires
express confirmation on the part of the supplier. This refers both to the
number of products ordered as part of one order and to the placing of several
orders for the same product where the individual orders comprise a quantity
customary in the household.
(8) Your orders will be stored by us after the conclusion of the
contract. If you lose your records relating to your orders, please contact us by
email or telephone. We will send you a copy of the order data.
(9) Access to the KuNoMAIL service requires registration.
(10) By registering, the customer accepts these General Terms and
Conditions. The registration creates a contractual relationship between
KuNoMAIL and the registered customer, which is governed by the provisions of
these GTC.
(11) The presentation of the service on the website does not
constitute a legally effective offer. The presentation of the service merely
invites the customer to make an offer.
(12) By ordering a paid service, the registered customer enters
into a further contractual relationship with KuNoMAIL that is separate from the
registration. The user will be informed about the respective chargeable service
and the terms of payment before the conclusion of this contractual
relationship.
The contractual relationship comes into being when the
customer confirms the order and payment obligation by clicking on the
"Purchase" button.
(13) You agree to receive invoices electronically. Electronic
invoices will be made available to you by e-mail or in the customer account on
the website. We will inform you for each supply and service whether an
electronic invoice is available. You can find more information about electronic
invoices on our website.
§ 3 Description of the scope of services
The scope of services of KuNoMAIL consists of the following
services:
The user can submit a support
request to contact@kunomail.com. If the request is confirmed, a KuNoMAIL
employee will call the customer.
The customer receives an e-mail in advance with the terms and
conditions of the support, which he has to confirm once by e-mail before the
support starts. The support is charged by the minute and starts when the
KuNoMAIL employee announces it.
§ 4 Prices and shipping costs
(1) Our prices include the respectively valid legal value added
tax and do not include a flat rate for shipping costs or a surcharge for
shipping costs. The shipping surcharges vary depending on the type of delivery
and the nature of the article.
(2) Despite our best efforts, a small number of products in our
catalogue may be priced incorrectly. We check prices when we process your order
and before we charge payment. If a product is incorrectly priced and the
correct price is higher than the price on the website, we will contact you
before dispatching the goods to ask if you wish to purchase the product at the
correct price or cancel the order. If the correct price of a Product is lower
than the price we have quoted, we will charge the lower amount and send the
Product to you.
(3) The prices at the time of the order will apply. If list prices
are available, the prices of the list price valid at the time of the order will
apply.
(4) In order to use KuNoMAIL, registration is first necessary.
(5) In order to purchase the services of the website, the user
must register and create a user account.
(6) If the user wishes to use a service for which a charge is
made, he will be informed in advance of the charge. In particular, the user
will be informed of the respective additional scope of services, the costs
incurred and the method of payment.
(7) The provider reserves the right to charge different fee models
for different booking times and user groups and in particular for different
periods of use, as well as to offer different scopes of services.
§ 5 Delivery and Cancellation
(1) Unless otherwise agreed, delivery shall be made to the
delivery address specified by the customer. On the website you will find
information on the availability of products sold by KuNoMAIL (e.g. on the
respective product detail page). We would like to point out that all
information on the availability, dispatch or delivery of a product is merely
anticipated information and approximate guidelines. They do not represent
binding or guaranteed shipping or delivery dates, unless this is expressly
designated as a binding date in the shipping options of the respective product.
(2) If KuNoMAIL discovers during the processing of your order that
products ordered by you are not available, you will be informed separately by
e-mail or by a message in your customer account. The legal claims of the
customer remain unaffected.
(3) If a delivery to the orderer is not possible because the
delivered goods do not fit through the orderer's entrance door, front door or
staircase or because the orderer cannot be found at the delivery address he has
given, although the delivery date was announced to the orderer with a
reasonable period of notice, the orderer shall bear the costs for the unsuccessful
delivery.
(4) Delivery shall be made according to the customer's method of
payment. In the case of payment in advance, delivery shall be made after the
payment order has been issued to the remitting credit institution. In the case
of payment by Paypal, credit card, gift card, direct debit, instant bank
transfer or invoice, delivery shall take place after conclusion of the
contract.
(5) If your order is shipped in more than one package, you may
receive a separate shipping confirmation for each package. In this case, a
separate purchase contract will be concluded between us in respect of each
dispatch confirmation for the products listed in the respective dispatch
confirmation. The contracting party is Inspired Software (David Kubitsch).
Notwithstanding your right of cancellation, you may cancel your order for a
product free of charge at any time before the relevant despatch confirmation is
sent.
(6) This right to cancel does not apply to certain product groups
and services, including digital content or software, which are not delivered on
a physical data carrier (e.g. on a CD or DVD), provided that the download or
use (whichever is the earlier) has begun.
§ 6 Customs
(1) If you order products from KuNoMAIL for delivery outside the
European Union, you may be subject to import duties and taxes which will be
levied once the package reaches the specified destination. Any additional
charges for customs clearance must be borne by you; we have no control over
these charges. Customs regulations vary widely from country to country, so you
should contact your local customs authority for more information.
(2) Furthermore, please note that when you place orders with
KuNoMAIL, you are considered the importer and must comply with all laws and
regulations of the country in which you receive the products. The protection of
your data is important to us and we would like to make our international
customers aware that cross-border deliveries are subject to opening and
inspection by customs authorities. For more information, please read our
customs information.
§ 7 Terms of payment
(1) Any payment due is payable to KuNoMAIL in advance, on the due
date, without deduction.
(2) The customer can pay for the goods or services by the
following methods of payment:
- Paypal
- Direct debit:
In the event of a return debit note for which the customer is
responsible, Inspired Software (David Kubitsch) will charge a flat-rate
compensation fee of €8 (eight euros). The customer may prove that no damage has
been incurred at all or that the damage is significantly lower than the flat
rate. The above provisions apply accordingly to payments of the purchase price
of goods sold by third-party suppliers.
(3) Certain types of payment may be excluded by the supplier in
individual cases.
(4) The customer is not permitted to pay for the goods or services
by sending cash or cheques.
(5) If the customer chooses an online payment method, the customer
thereby authorises the supplier to collect the amounts due at the time of the
order.
(6) If the Supplier offers payment in advance and the Customer
chooses this payment method, the Customer shall transfer the invoice amount to
the Supplier's account within five calendar days of receipt of the order. The
supplier shall reserve the goods accordingly for five calendar days.
(7) If the supplier offers payment by credit card and the customer
chooses this method of payment, the customer expressly authorises the supplier
to collect the amounts due.
(8) If the Supplier offers payment by direct debit and the
Customer chooses this payment method, the Customer shall grant the Supplier a
SEPA basic mandate. If, in the case of payment by direct debit, a payment
transaction is reversed due to a lack of funds in the account or due to
incorrectly transmitted bank details, the customer shall bear the costs for
this.
(9) If the supplier offers payment in advance and the customer
chooses this method of payment, the customer undertakes to pay the invoice
amount within 14 days of dispatch of the goods without any deduction of
discount.
(10) If the customer is in default of payment, the supplier
reserves the right to claim damages for default.
§ 8 Registration and termination
(
1) Furthermore, the
customer declares that he and, to the best of his knowledge, no member of his
household has been convicted of an intentional criminal offence that endangers
the safety of third parties, in particular of a criminal offence against sexual
self-determination (§§ 174 ff. StGB, an offence against life (§§ 211 ff. StGB),
an offence against physical integrity (§§ 223 ff. StGB), an offence against
personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff.
StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.
(2) A user account is for his/her sole and personal use and a user
may not authorise third parties to use that account. A user may not transfer
his/her account to a third party.
(3) A user is, subject to reservation, entitled to unsubscribe in
writing by post, email or telephone at any time without giving a reason. At the
same time, it is possible to deactivate the user account completely and
manually within the data and settings in the user account. The previously
concluded contractual relationship is thereby terminated.
(4) If a user has registered for a paid service, he/she can cancel
the contract at the latest 14 days before the booking period. If this deadline
is not met, the paid service shall be extended by this period, depending on the
booking period selected, and the termination shall only take effect at the end
of the subsequent booking period. Cancellation is possible by telephone, e-mail
or letter and will be confirmed by us in writing. In order that your
cancellation can be assigned, the full name, the deposited e-mail address and
the address of the customer should be given. In case of a cancellation by
telephone, the individual telephone password is required.
(5) KuNoMAIL may terminate the contract at any time at its own discretion,
with or without prior notice and without giving reasons. KuNoMAIL further
reserves the right to remove profiles and/or any content posted on the site by
or on behalf of the user. In the event that KuNoMAIL terminates the user's
registration and/or removes the user's profile or published content, KuNoMAIL
shall have no obligation to notify the user of such termination or removal or
the reason therefor.
(6) Following any termination of any individual's use of
KuNoMAIL's services, KuNoMAIL reserves the right to send notice of such
termination to other registered users with whom KuNoMAIL believes it has had
contact. KuNoMAIL's decision to terminate the user's registration and/or to
notify other users with whom KuNoMAIL believes the user has been in contact
does not imply or state that KuNoMAIL is making any statements about the user's
individual character, general reputation, personal characteristics or
lifestyle.
(7) Users are required to refrain from intentionally or
fraudulently making false statements in their profile and other areas of the
portal. Such statements may result in civil action. Furthermore, the operator
reserves the right to terminate the existing contractual relationship with
immediate effect in such a case.
(8) If a user's access is blocked due to culpable breach of
contract and/or the contractual relationship is terminated, the user must pay
compensation for the remaining term of the contract in the amount of the agreed
fee less the expenses saved. The amount of the saved expenses shall be set at a
flat rate of 10% of the fee. Both contracting parties are at liberty to prove
that the damage and/or the saved expenses are actually higher or lower.
(9) After termination of the contractual relationship, all user data
will be deleted by KuNoMAIL.
§ 9 Limitation of liability (services)
(1) KuNoMAIL assumes no responsibility for the content and
correctness of the information in the registration and profile data of the
orderers as well as other content generated by the orderers.
(2) With regard to the service sought or offered, the contract is
concluded exclusively between the respective ordering parties. KuNoMAIL is
therefore not liable for the services of the participating customers.
Accordingly, all matters relating to the relationship between the purchasers,
including, without limitation, the services received by a seeker or payments
due to purchasers, should be addressed directly to the relevant party. KuNoMAIL
cannot be held responsible for and hereby expressly disclaims all liability of
any kind whatsoever including claims, benefits, direct or indirect damages of
any kind, conscious or unconscious, suspected or unsuspected, disclosed or
undisclosed, in any way whatsoever in connection with the said matters.
(3) Inspired Software (David Kubitsch) is only liable for damages
arising from injury to life, body or health if they are based on an intentional
or negligent breach of duty by Inspired Software (David Kubitsch) or an
intentional or negligent breach of duty by a legal representative or vicarious
agent of Inspired Software (David Kubitsch).
(4) Inspired Software (David Kubitsch) Europe is only liable for
other damages, insofar as they are not based on the breach of cardinal
obligations (such obligations whose fulfilment makes the proper execution of
the contract possible in the first place and on whose compliance the
contractual partner may regularly rely), if they are based on an intentional or
grossly negligent breach of duty by Inspired Software (David Kubitsch) or on an
intentional or grossly negligent breach of duty by a legal representative or
vicarious agent of Inspired Software (David Kubitsch).
(5) The claims for damages are limited to the foreseeable damage
typical for the contract. In the event of default, they amount to a maximum of
5% of the order value.
(6) Claims for damages based on injury to life, limb, health or
freedom become statute-barred after 30 years; otherwise after 1 year, with the
statute of limitations beginning at the end of the year in which the claim
arose and the creditor became aware of the circumstances giving rise to the
claim and the person of the debtor or should have become aware of them without
gross negligence (§ 199 para. 1 BGB).
(7) The provider reserves the right to check the content of a text
written by a user as well as uploaded files for compliance with law and justice
and, if necessary, to delete it in whole or in part.
§ 10 Set-off and right of retention
(1) The customer has the right of set-off only if the customer's counterclaim
has been legally established or has not been disputed by the provider.
(2) The customer may only exercise a right of retention insofar as
its counterclaim is based on the same contractual relationship.
§ 11 Retention of title
Inspired Software (David Kubitsch) retains ownership of the goods
until payment has been made in full.
§ 12 Transport damage
(1) If the customer receives the goods with obvious transport
damage, the provider requests that the customer complains about this as soon as
possible.
(2) Should the customer fail to make a complaint, this shall have
no consequences for the statutory warranty rights. The purpose of the complaint
is to enable the supplier to assert its own claims against the carrier.
§ 13 Right to claim for defects
(1) If the customer is a consumer, the warranty and liability for
defects of the delivered object of purchase shall be governed by the statutory
provisions: Accordingly, in addition to your 30-day return guarantee,
purchasers in the European Union have warranty rights for a period of two years
from the date of delivery of the goods and may request the repair or
replacement of products purchased on KuNoMAIL if they prove to be defective or
not as described. If the goods cannot be repaired or replaced within a
reasonable time or without difficulty, you may demand a refund or reduction of
the purchase price.
(2) In the case of used goods, the warranty period may be shorter
than two years.
(3) If the orderer is not a consumer, the defect shall be remedied
by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period shall
be one year. This shall apply insofar as no claims for damages and
reimbursement of expenses are asserted which relate to compensation for damage
to body and health or to intent or gross negligence.
§ 14 Limitation of Liability (Products)
(1) The supplier is liable for claims for damages by the customer arising
from injury to life, body or health or from the breach of essential contractual
obligations, as well as for other damages based on their intentional or grossly
negligent breach of duty, or one of the legal representatives or vicarious
agents of the supplier.
(2) Essential contractual obligations are obligations whose
fulfilment is necessary to achieve the objective of the contract.
(3) The provider is liable for breaches of essential contractual
obligations that are based on contract-typical, foreseeable damage, provided
that the damage was caused by simple negligence. This limitation does not apply
to claims for damages by the customer based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as the liability of KuNoMAIL is excluded or limited,
this also applies to the personal liability of employees, representatives and
vicarious agents.
§ 15 Cancellation policy
(1) If the customer is a consumer, he has a right of revocation in
accordance with the following provisions:
(2) Right of revocation
You have the right to revoke this contract within fourteen days
without giving any reason.
The revocation period is fourteen days from the day on which you
or a third party named by you, who is not the carrier, has taken possession of
the goods (or the last goods, part shipment or piece in the case of a contract
for several goods of a uniform order or the delivery of goods in several part
shipments or pieces) or from the day of the conclusion of the contract, in the
case of digital content that is not delivered on a physical data carrier (e.g.
CDs or DVDs), to revoke the contract without giving reasons.
The withdrawal period for services is fourteen days from the day
of the conclusion of the contract.
To exercise your right of withdrawal, you must send us:
Inspired Software (David Kubitsch)
Schönfließer Street 3
D-10439 Berlin
Phone: +49 (0)172 3117870
e-mail: contact@kunomail.com
by means of a clear declaration (e.g. a letter sent by post, fax
or e-mail) of your decision to revoke this contract. You can use the model
withdrawal form on our website or send us another clear declaration. If you
make use of this option, we will send you confirmation of receipt of such
revocation without delay (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient
that you send the notification of the exercise of the right of withdrawal
before the expiry of the withdrawal period and that you have returned the goods
via our online return centre within the period defined below.
For additional information regarding the scope, content and
explanations of the exercise, please contact our customer service.
(3) Consequences of the revocation
If you withdraw from this contract, we must refund all payments we
have received from you, including delivery costs (with the exception of
additional costs resulting from the fact that you have chosen a type of
delivery other than the cheapest standard delivery offered by us), without
delay and at the latest within 14 days from the day on which we received
notification of your withdrawal from this contract. For this repayment, we will
use the same means of payment that you used for the original transaction,
unless expressly agreed otherwise with you; in no case will you be charged any
fees because of this repayment.
If you have requested that the services begin during the
withdrawal period, you must pay us a reasonable amount corresponding to the
proportion of the services already provided up to the time you notify us of the
exercise of the right of withdrawal with regard to this contract compared to
the total scope of the services provided for in the contract.
We may refuse repayment until we have received the goods back or
until you have provided evidence that you have returned the goods, whichever is
the earlier.
You must return the goods without undue delay and in any event no
later than 14 days from the day on which you notify us of the cancellation of
this contract to
Inspired Software
Schönfließer Street 3
10439 Berlin
Germany
or to hand over the goods. The deadline is met if you send the
goods before the expiry of the period of 14 days. You shall bear the direct
costs of returning the goods.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss in value of the goods if this
loss in value is due to handling of the goods that is not necessary for
checking the condition, properties and functioning of the goods.
The right of withdrawal does not exist or expires for the
following contracts:
- for the delivery of goods which are not suitable for return for
reasons of health protection or hygiene and whose seal has been removed after
delivery or which have been inseparably mixed with other goods after delivery
due to their nature;
- for the delivery of sound or video recordings or computer
software in a sealed package if the seal has been removed after delivery;
- for the delivery of goods that are manufactured according to
customer specifications or are clearly tailored to personal needs
- for the delivery of goods that can spoil quickly or whose expiry
date would be quickly exceeded;
- for services, if KuNoMAIL has provided these in full and you
have noted and expressly agreed before placing the order that we may begin to provide
the service and you lose your right of cancellation on complete fulfilment of
the contract;
- for the supply of newspapers, periodicals or magazines, with the
exception of subscription contracts; and
- for the supply of alcoholic beverages, the price of which was
agreed at the time of the conclusion of the sales contract, but the delivery of
which can only take place after 30 days and the current value of which depends
on fluctuations in the market over which the trader has no influence.
§ 16 Exclusion of the right of withdrawal
(1) The right of revocation does not apply to contracts
- for the delivery of goods which are not prefabricated and for
the production of which an individual selection or determination by the
consumer is decisive or which are clearly tailored to the personal needs of the
consumer;
- for the delivery of goods that can spoil quickly or whose expiry
date would be quickly exceeded;
(2) The right of withdrawal expires prematurely in the case of
contracts for the delivery of
- for the delivery of sealed goods which are not suitable for
return for reasons of health protection or hygiene if their seal has been
removed after delivery;
- for the delivery of goods if they have been inseparably mixed
with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer
software in a sealed package if the seal has been removed after delivery.
§ 17 Data protection
(
1) Should personal
data (e.g. name, address, e-mail address) be collected, we undertake to obtain
your prior consent. We undertake not to pass on any data to third parties
unless you have given your prior consent.
(2) We would like to point out that the transmission of data on
the Internet (e.g. by e-mail) can have security gaps. Accordingly, an
error-free and trouble-free protection of third party data cannot be completely
guaranteed. Our liability in this respect is excluded.
(3) Third parties are not entitled to use contact data for
commercial activities, provided that the provider has given prior written
consent to the persons concerned.
(4) You have the right at any time to receive complete and free
information from KuNoMAIL about the data concerning you.
(5) Furthermore, the user has the right to correct/delete
data/restrict processing.
(6) Further information on data protection can be found in the
separate data protection declaration.
§ 18 Cookies
(1) We may use cookies to display our product range. Cookies are
small text files that are stored locally in the cache of the site visitor's
internet browser.
(2) Numerous Internet pages and servers use cookies. Many cookies
contain a so-called cookie ID. A cookie ID is a unique identifier of the
cookie. It consists of a string of characters by which Internet pages and
servers can be assigned to the specific Internet browser in which the cookie
was stored. This enables the visited Internet pages and servers to distinguish
the individual browser of the data subject from other Internet browsers that
contain other cookies. A specific internet browser can be recognised and
identified via the unique cookie ID.
(3) Through the use of cookies, the users of this website can
provide more user-friendly services that would not be possible without the
cookie setting.
(4) We would like to point out that some of these cookies are
transferred from our server to your computer system, whereby these are mostly
so-called session-related cookies. Session-related cookies are characterised by
the fact that they are automatically deleted from your hard drive at the end of
the browser session. Other cookies remain on your computer system and enable us
to recognise your computer system on your next visit (so-called permanent
cookies).
(5) You can object to the storage of cookies, for this purpose a
banner is available to which you can object/accept.
(6) You can, of course, set your browser so that no cookies are
stored on your hard drive or so that cookies that have already been stored are
deleted again. The instructions regarding the prevention and deletion of
cookies can be found in the help function of your browser or software
manufacturer.
§ 19 Place of jurisdiction and applicable law
(
1) The law of the
Federal Republic of Germany shall apply exclusively to differences of opinion
and disputes arising from this contract, to the exclusion of the UN Convention
on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders placed by merchants,
legal entities under public law or special funds under public law is the
registered office of the supplier.
§ 20 Final provisions
(1) The contractual language is German.
(2) We do not offer any products or services for purchase by
minors. Our products for children can only be purchased by adults. If you are
under 18, you may only use KuNoMAIL with the involvement of a parent or
guardian.
(3) If you breach these Terms and Conditions and we do nothing
about it, we will still be entitled to exercise our rights on any other occasion
on which you breach these Terms and Conditions of Sale.
(4) We reserve the right to make changes to our website, rules and
regulations, terms and conditions including these T&Cs at any time. Your
order will be subject to the terms of sale, terms of agreement and terms and
conditions in force at the time you place your order, unless a change to these
terms is required by law or government order (in which case they will also
apply to orders you have previously placed). If any provision of these Terms of
Sale is invalid, void or for any reason unenforceable, that provision shall be
deemed severable and shall not affect the validity and enforceability of any
remaining provisions.
(5) The invalidity of any provision shall not affect the validity
of the other provisions under the contract. Should this occur, the provision
shall be replaced according to meaning and purpose by another legally
permissible provision which corresponds to the meaning and purpose of the
invalid provision.