ConditionsKioskworld Berlin- Online shop / pick-up shop / shipping -

(The Kioskwelt Berlin is an online shop by Christian Hewelt and is hereinafter referred to as Kioskwelt Berlin.)

§ 1. Scope

For the business relationship between Kioskwelt-Berlin & the customer, the following general terms and conditions apply exclusively in their current version at the time of the order. We do not recognize deviating regulations and conditions, unless we have expressly consented in writing and confirmed them.

The terms and conditions apply to all deliveries and services performed by us.

The AGB S, which apply to the area of Fireworks assortment are on our fireworks shop: New Year's Eve Berlin shown separately.

§ 2. Conclusion of the contract (conclusion of contract)

The purchase contract is concluded upon delivery and acceptance of the goods ordered. (the order confirmation does not count as the conclusion of a contract). By clicking the order button (order now for a fee), a binding order for the items in the shopping cart is placed. In the event of printing, arithmetic or typing errors on the website, Kioskwelt-Berlin is entitled to withdraw. Furthermore, also in the case of incorrect or insufficient information or the failure or incorrect transfer of the invoice amount.

When ordering age-related goods such as tobacco products, alcohol, fireworks, etc., a copy of the ID must also be received immediately as proof of age by e-mail, fax or post. Please note the order number on the copy so that it can be assigned. Our offers in the online shop are non-binding with regard to price, quantity, availability and delivery time. The assumption of a guarantee or the procurement risk between the contractual partners must be expressly agreed in writing.

Kioskwelt-Berlin will immediately confirm receipt of the order electronically by email.

A contract is concluded with the order confirmation.

§ 3. Storage of data

General information on data protection:

please referData protection agreement

§ 4. Retention of title & pricing

The ordered goods remain our property until they have been paid for in full in the case of dispatch as advance payment, bank transfer, & in the case of collection in the store in cash or by EC card.

4 a) Prices

All prices in €. All prices are final and include the applicable VAT. from currently 7 or 19%. For commercial customers, VAT is added to the net price. The business language is German.

4 b) Price in the online shop

Our prices in the online shop are subject to change and are only binding from the order confirmation onwards. They are adapted to any prospectus advertising that is distributed to households in the branch area. In the case of inquiries about larger quantities, e.g. for traders or bulk consumers, different prices can be negotiated and agreed separately in writing.

4 c) Price in store

The excellent retail price on the goods or on the shelf applies. In the event of a dispute or in the event of incorrect labeling on the shelf, the price according to the cash register / cashier staff applies because in the shop the purchase contract is only concluded at the cash register.

§ 5. Delivery and shipping costs

5 a) Collection after pre-order in the store:

Pre-ordered, unpaid goods, or goods that have already been paid for, will be held ready for collection at the requested time in the main store at the customer's request. Here we reserve the right to cancel orders that have not been paid for, at the latest on the following day of the original collection day without further notice. If the goods have already been paid for, the order remains in place until the goods are picked up or the customer is notified.

5 b) Shipping

Shipping is currently only carried out against prepayment. After receipt of the money, the order will be dispatched immediately. The shipping costs are 6, - flat rate per order.

From 100 € we deliver free of charge.

Fireworks: Fireworks can only be sent as dangerous goods. Separate shipping conditions apply here.

§ 6. Terms of payment

6 a) Collection in the shop & payment by EC card or in cash on site.

6 b) Order with shipping: The customer settles the invoice in advance by bank transfer or - if offered - PayPal. After receipt of payment, the order will be processed and made ready for dispatch.

§ 7. Availability of goods when ordering via e-shop, prospectus, or telephone

Basically we try to deliver all ordered items. Unfortunately we are also dependent on upstream suppliers. We cannot accept liability for incorrect items here. The same applies to errors, mistakes and differences in the shop or merchandise management system. In the event of a shortfall in products that can be substituted, we reserve the right to offer and deliver replacement items.

§ 8. Warranty for defects & liability

If there is a defect in a product for which we are responsible, the customer has the right to either have the defect rectified or a replacement delivery. If a replacement delivery fails because we are unable to fulfill it, the customer has the right to withdraw from the contract (reverse transaction) or to reduce the purchase price. Unless otherwise stipulated by law, further claims by the customer, regardless of the legal reasons, are excluded.

The Kioskwelt-Berlin is not liable for any damage to the delivery item itself. This includes damage to the image or loss of profit, as well as other financial losses.

As far as the liability of Kioskwelt-Berlin is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. If the cause of the damage can be traced back to intent or gross negligence, the above limitation of liability does not apply.

For example, in the context of claims according to §§1.4 Product Liability Act, claims due to the lack of a guaranteed property or claims for damages due to non-performance according to §§ 463.480 Paragraph 2BGB. The same applies to initial inability & impossibility for which we are responsible.

In the event of a negligent breach of duty by Kioskwelt-Berlin that is essential to the contract, the obligation to pay compensation for damage to property or personal injury is limited to the damage typically incurred. The warranty period is 24 months from the transfer of risk. This is the statute of limitations and also applies to claims for compensation for consequential damage caused by defects. Claims arising from tort are excluded.

Notice periods:

8 a) The customer will notify us immediately as soon as he discovers defects in the goods or they are incomplete. Defective goods must be returned to us at our expense or we will collect them. The goods must be checked immediately upon delivery.

8 b) The purchaser is liable for the proper use and handling of the items ordered. The customer does not judge any Claims for damages that have arisen in particular from disregard of the aforementioned provisions and legalities to Kioskwelt-Berlin.

8 c) Separate conditions apply to fireworks products.

§ 9. Right of return for contracts with consumers

1. The non-commercial consumer has a right of return according to §356 in conjunction with § 312 d BGB. However, it does not apply if Kioskwelt-Berlin goods are individually designed for the customer or for custom-made products.

2. The right of return is two weeks and does not begin in the event of delivery of the goods before receipt of the goods. The legal information (§312 c paragraph 2BGB) must have been communicated to the customer by Kioskwelt-Berlin before delivery. The information is here in the terms and conditions as well as on the order confirmations / order form. After six months at the latest, the right to return will expire even without notification of the information.

3. By returning the item, the customer triggers the right of return. The exercise does not have to be justified. To meet the 2 week deadline, it is sufficient to send the goods to Silvesterwelt in good time.

4. The return can only be made to the following postal address:

Address: Christian Hewelt, Inh. Silvesterwelt-Berlin / Kioskwelt-Berlin, Sewanstrasse 176, 10315 Berlin

5. Return costs:

According to the legal regulation since mid-2014, the buyer bears the costs for a return by cancellation.

6. Returns can only be made in perfect condition and in the original box. The checking of the goods remains unaffected. If there is a loss in value of the goods that is not related to the goods inspection, the customer must pay compensation. The customer has to pay compensation instead of the return if a return is no longer possible. Further legal consequences are based on §§ 357 Paragraph 1 S 1 346 BGB.

7. If the goods arrive at the customer's premises damaged or have defects, the rules for material and legal defects apply.

8. The buyer has to prove the point in time by means of a purchase receipt - delivery note. This does not apply to damage caused by natural wear and tear, improper use or insufficient or incorrect care or storage.

9. Deviating regulations and inquiries are to be made exclusively in writing and are only effective after our written confirmation.

§ 10. Right of withdrawal / cancellation policy

EGBGB Annex 1 to Art. 246a § 1 Paragraph 2 Clause 2. Reference: Federal Law Gazette I 2013, 3642 - 3670

You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. If the delivery consists of a one-off order from organizational or shipping provisions consisting of several packages, the period starts from taking possession of the last package,
In order to exercise your right of withdrawal, you must send us a clear statement (e.g. a letter sent by post or an e-mail informing you of your decision to withdraw from this contract Model withdrawal form but not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case 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 evidence that you have sent the goods back, whichever is earlier. The deadline is met if you send the goods before the period of fourteen days has expired .

General reference to the non-existence of the right of withdrawal
The right of withdrawal does not apply to distance contracts
for the delivery of goods that 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 use-by date would be exceeded quickly,
for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
for the delivery of goods if they were 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 was removed after delivery,
for the delivery of newspapers, magazines or magazines with the exception of subscription contracts,
for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.

If there are any disagreements about this cancellation policy or individual points, please notify us in advance.
Many Thanks . End of revocation

§ 11. Place of delivery and performance

11 a) Berlin for personal collection and shipping within Berlin

The place of delivery for collection is exclusively the respective shop where you collect the goods.

When shipping within Berlin, it is also the Berlin area, the delivery address of the customer.

11 b) When shipping outside of Berlin, the delivery address of the customer

§ 12. Errors, misprints, other errors in brochure advertising / e-shop

No liability is accepted for misprints, errors, including third party errors, in advertising or in the e-shop.

If you have any discrepancies or questions, please contact us to clarify. Email: Silvesterwelt-berlin@hotmail.de

§ 13. Links to other websites

Insofar as we refer or link to the websites of third parties from our website, we cannot assume any liability for the correctness or completeness of the content or the data backup of these websites. Since we have no influence on compliance with data protection regulations by third parties, they should use the Check the data protection declarations offered separately.

(Every operator of an online shop is obliged to provide a so-called data protection declaration in accordance with Section 13 of the Telemedia Act.) This can usually be found under "Data protection", similar to the imprint.

§ 14. Choice of law and place of jurisdiction

The place of jurisdiction is Berlin. (business location of the provider)

However, please contact us in advance if you have any questions, disputes or other concerns.

§ 15. Severability Clause

Should a provision of these general terms and conditions be ineffective, the effectiveness of the remaining provisions will not be affected.

Status: 04/12/21