General sales and delivery conditions
Contractual conditions in the context of purchase contracts via the platform https://www.shop.kissmykitchen.de between
KISS MY KITCHEN
Borstels Ende 67
D-22337 Hamburg, Germany
Telephone: +49 40 – 69 66 56 75
represented by “KISS MY KITCHEN” S. Staben and M. Baur GbR
– hereinafter referred to as “provider” –
and the users of this platform referred to in § 2 of these Terms and Conditions – hereinafter referred to as “Customer / Customer”.
§ 1 Scope of validity
For the business relationship between the provider and the customer, the following terms and conditions apply exclusively to their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the assortment of the supplier and collect them with the button in a so-called shopping cart. Via the button “order with payment” he makes a binding decision to buy the goods in the shopping cart. Before sending the order, the customer can change and review the information at any time.
(2) The seller then sends the customer an automatic confirmation of receipt with the subject “Confirmation of your order at Kiss My Kitchen – Shop” by e-mail, in which the customer’s order is listed again and the customer can print it via the function “Print “. The order of the customer (1) represents here the offer to conclude the contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. In this the content of the order is summarized. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, terms and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract is saved while maintaining data protection.
(3) The contract is concluded in the following language: German.
§ 3 delivery, availability of goods, payment methods
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided that the purchase price is paid in advance.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall inform the customer immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions apply: The supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany, Austria, Switzerland.
(4) The customer can make the payment in advance by bank transfer or PayPal.
(5) Payment of the purchase price is due immediately upon the conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already at fault if they miss the payment by one day.
§ 4 Retention of goods
Until the full payment of the purchase price is made, the goods to deliver remain the property of the provider.
§ 5 Prices and shipping costs
(1) All prices, which are indicated on the website of the provider are in each case inclusive of the legally valid value added tax.
(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, as long as the customer does not exercise any right of withdrawal.
(3) The customer has to bear the direct costs of the return in the case of a cancellation.
§ 6 Defect items warranty
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. Compared with entrepreneurs, the warranty period for goods delivered by the supplier is 12 months.
§ 7 Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages by the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Significant contractual obligations are applicable when the fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages by the customer resulting from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Notes on data processing
(1) The provider collects data from the customer as part of the processing of contracts. He pays particular attention to the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the provider will only collect, process or use the customer’s inventory and usage data as far as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer’s data for advertising, market or opinion research purposes.
§ 9 Final Provisions
(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is in the domicile of the provider.
(3) The contract remains binding even in the case of legal invalidity of individual points in its remaining parts. Instead of the ineffective points, if available, the country’s legal regulations are applied. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract will become invalid as a whole.
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides an online dispute resolution (OS) platform available at https://ec.europa.eu/consumers/odr.
We are not obliged or willing to participate in a dispute settlement procedure before a consumer arbitration board.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.