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 the provider (Christian Kirschner) via the website shop.kirschner-metallbau.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product 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 access the shopping cart at any time via the corresponding button in the navigation bar and make changes there. After clicking the “Checkout” or “Proceed to Order” button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment provider. If you are redirected to the respective instant payment system, you will make the appropriate selections or enter your data there. Afterwards, the order details will be displayed to you either on the website of the instant payment provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review and change the information in the order overview (also via the “back” function of your internet browser) or to cancel the order.
By submitting the order via the corresponding button (“place binding order,” “buy” / “buy now,” “place paid order,” “pay” / “pay now,” or similar designation), you legally accept the offer, thereby concluding the contract.
(4) Your inquiries regarding the creation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., by email), which you may accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured, and in particular that it is not blocked by spam filters.
§ 3 Custom-Made Products
(1) You shall provide us with the information, texts, or files required for the individual design of the goods via the online ordering system or by email without delay after conclusion of the contract. Any specifications we provide regarding file formats must be observed.
(2) You agree not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable laws. You expressly indemnify us from all claims asserted by third parties in this context. This also includes the costs of necessary legal representation.
(3) We do not check the transmitted data for content accuracy and assume no liability for errors in this respect.
§ 4 Conclusion of the Contract for Courses
(1) The subject of the contract is the provision of courses. By listing the respective course offer on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the respective course description.
(2) The contract is concluded via the online shopping cart system as follows: The courses intended for booking are placed in the “shopping cart.” You can access the shopping cart at any time via the corresponding button in the navigation bar and make changes there. After clicking the “Checkout” or “Proceed to Order” button (or similar designation) and entering your personal data as well as the payment conditions, the order details will be displayed to you as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment provider. If you are redirected to the respective instant payment system, you will make the appropriate selections or enter your data there. Afterwards, the order details will be displayed to you either on the website of the instant payment provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review and change the information in the order overview (also via the “back” function of your internet browser) or to cancel the order. By submitting the order via the corresponding button, you legally accept the offer, thereby concluding the contract.
(3) Your inquiries regarding the creation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., by email), which you may accept within 5 days (unless a different period is specified in the respective offer).
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured, and in particular that it is not blocked by spam filters.
§ 5 Provision of Services for Courses
(1) The courses are carried out in the form described in the respective offers and on the agreed dates.
(2) If the execution of the courses depends on the number of participants, the minimum number of participants results from the respective offer. If the minimum number of participants is not reached, we will inform you in text form (e.g., by email) no later than 7 days before the start of the course that the booked course will not take place. Any services already rendered will be refunded immediately in this case.
(3) If an individual event must be cancelled due to the short-term absence of the course instructor because of illness or another important reason, any services already rendered will be refunded immediately. For events consisting of multiple dates, if one date must be cancelled due to the short-term absence of the course instructor because of illness or another important reason, the cancelled date will be rescheduled on an alternative date.
(4) In connection with the use of course rooms and facilities, you must comply with the house rules displayed on site. You must follow our instructions and those of the course instructor.
(5) Participation in the courses is at your own risk. We recommend taking out appropriate accident and/or liability insurance.
§ 6 Substitute Participants
You may name a substitute participant at any time before the start of the course. No costs will be incurred for this rebooking.
§ 7 Special Agreements on Offered Payment Methods
(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout,” payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22–24 Boulevard Royal, L-2449 Luxembourg; “PayPal”). The individual payment methods available via “PayPal” are displayed to you under a correspondingly designated button on our website and during the online ordering process. For payment processing, PayPal may use additional payment services; if special payment conditions apply, you will be informed separately. Further information about PayPal can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via “Mollie”
If you select a payment method offered via “Mollie,” payment processing is carried out by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; “Mollie”). The individual payment methods available via “Mollie” are displayed to you under a correspondingly designated button on our website and during the online ordering process. For payment processing, Mollie may use additional payment services; if special payment conditions apply, you will be informed separately. Further information about Mollie can be found at https://www.mollie.com/de.
§ 8 Right of Retention, Reservation of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been made.
(3) If you are an entrepreneur, the following also applies:
A) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Before the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
B) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice value; we accept this assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
C) If the reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
D) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 9 Warranty
(1) The statutory warranty rights for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, such deviation shall only be deemed agreed if you were informed of it before submitting your contractual declaration and the deviation was expressly and separately agreed between the contractual parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
A) Only our own statements and the manufacturer’s product description shall be deemed agreed as the quality of the goods, not other advertising, public promotions, or statements by the manufacturer.
B) In the event of defects, we shall provide warranty at our discretion by rectification or replacement delivery. If the defect cannot be remedied, you may choose to reduce the purchase price or withdraw from the contract. The remedy of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods, the defect, or other circumstances indicate otherwise. In the case of rectification, we are not required to bear the increased costs arising from transporting the goods to a location other than the place of performance, unless such transport corresponds to the intended use of the goods.
C) The warranty period is one year from delivery of the goods. The reduction of the limitation period does not apply:
- to damages culpably caused by us resulting from injury to life, body, or health, or to other damages caused intentionally or with gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the condition of the item;
- to items which, according to their usual use, have been used for a building and have caused its defectiveness;
- to statutory recourse claims that you have against us in connection with defect rights.
§ 10 Choice of Law
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
II. Customer Information
1. Identity of the Seller
Christian Kirschner
Schilling 14
84329 Wurmannsquick
Germany
Phone: +49 151 26880617
Email: onlineshop@kirschner-metallbau.de
Alternative Dispute Resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the actual conclusion of the contract, and the options for correcting input errors follow the provisions set out under “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After we receive your order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer requests made outside the online shopping cart system, all contract data will be sent to you in text form as part of a binding offer, e.g., by email, which you may print out or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition, unless free shipping has been agreed.
5.3. Any costs incurred for money transfers (bank transfer or exchange rate fees) must be borne by you in cases where delivery is made to an EU member state but the payment is initiated outside the European Union.
5.4. The payment methods available to you are listed under a correspondingly designated button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due immediately.
5.6. Unless otherwise agreed, when booking courses, payment must be made on-site no later than the course date before the course begins; otherwise, there is no entitlement to participation.
6. Delivery Conditions
6.1. The delivery conditions, delivery date, and any delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the sold goods during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the seller or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your own risk.
7. Statutory Liability for Defects
Liability for defects is governed by the “Warranty” section of our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the IT-law specialists of Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in the event of legal warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 23 January 2026