Terms of service

Table of Contents

1. Scope
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Special Conditions for the Processing of Goods According to Specific Customer Requirements
9. Special Conditions for Assembly/Installation Services
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Jurisdiction
14. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of KESSETECH GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but are intended for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting the Customer to pay after placing his order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer, with the result that the Customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal in the online ordering process, the Seller declares the acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the ordering process.

2.5 If the "Amazon Payments" payment method is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method in the online ordering process, the Customer simultaneously issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller declares the acceptance of the Customer's offer at the time when the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 When submitting an offer via the Seller's online order form, the contract text will be stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer has submitted his order. The Seller shall not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the Customer via his password-protected user account by entering the corresponding login data.

2.7 Before submitting the order, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means to better recognize input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.8 For the conclusion of the contract, the customer can choose between different languages. The specific language selection is indicated in the online shop.

2.9 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by him to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices, which include statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.3 If a payment method offered via the "PayPal" payment service is selected, payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller offers payment methods via PayPal, in which he makes advance payments to the Customer (e.g., purchase on account or installment payment), he assigns his payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. The Seller remains responsible for general customer inquiries, such as those relating to the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal, and returns or credit notes, even in the event of the assignment of claims.

4.4 If a payment method offered via the "Shopify Payments" payment service is selected, payment will be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, of which the Customer will be separately informed if necessary. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.5 If a payment method offered via the "Klarna" payment service is selected, the payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the terms and conditions of Klarna can be found here:

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for processing the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the outgoing shipment if the Customer effectively exercises his right of withdrawal. The rules set out in the Seller's cancellation policy shall apply to the return costs in the event of effective exercise of the right of withdrawal by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall not pass to the Customer until the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment if the Customer has instructed the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply if the Seller is not responsible for the non-delivery and the Seller has concluded a concrete covering transaction with the supplier with the required care. The Seller will use all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the Customer as follows:

• by download
• by e-mail

6) Retention of Title

If the Seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for defects is one year from delivery of the goods;
• rights and claims due to defects are excluded for used goods;
• the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The above-mentioned limitations of liability and shortening of deadlines do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
• for any obligation on the part of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial duty to examine and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, he is requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer does not comply with this request, this has no effect whatsoever on his statutory or contractual claims for defects.

8) Special Conditions for the Processing of Goods According to Specific Customer Requirements

8.1 If, according to the content of the contract, the Seller owes, in addition to the delivery of the goods, the processing of the goods according to specific requirements of the Customer, the Customer must provide the Seller with all contents required for the processing, such as texts, images, or graphics, in the file formats, formats, image, and file sizes specified by the Seller and must grant the Seller the necessary rights of use for this purpose. The Customer is solely responsible for procuring and acquiring rights to these contents. The Customer declares and assumes responsibility for being entitled to use the contents provided to the Seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights, and personal rights.

8.2 The Customer shall indemnify the Seller against claims by third parties asserted against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. The Customer shall also assume the reasonable costs of the necessary legal defense, including all court and attorney's fees at the statutory rate. This shall not apply if the Customer is not responsible for the infringement. The Customer is obliged to provide the Seller immediately, truthfully, and completely with all information necessary for examining the claims and defending himself in the event of a claim by third parties.

8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or public decency. This applies, in particular, to the provision of unconstitutional, racist, xenophobic, discriminatory, insulting, youth-endangering, and/or violence-glorifying content.

9) Special Conditions for Assembly/Installation Services

If, according to the content of the contract, the Seller owes, in addition to the delivery of goods, the assembly or installation of the goods at the Customer's premises and, if applicable, corresponding preparatory measures (e.g., measurement), the following shall apply:

9.1 The Seller shall provide his services at his discretion in his person or through qualified personnel selected by him. The Seller may also use the services of third parties (subcontractors) acting on his behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the desired service.

9.2 The Customer must provide the Seller with all necessary information required for the performance of the owed service truthfully and completely, provided that their procurement does not fall within the Seller's scope of duties according to the contract's content.

9.3 The Seller will contact the Customer after the contract is concluded to arrange an appointment for the service owed. The Customer shall ensure that the Seller or the personnel commissioned by the Seller has access to the Customer's facilities at the agreed time.

9.4 The risk of accidental loss and accidental deterioration of the sold goods shall not pass to the Customer until the assembly work has been completed and the goods have been handed over to the Customer.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which the Customer cannot purchase (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

10.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

10.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

10.7 The balance of a promotional voucher will not be paid out in cash or earn interest.

10.8 The promotional voucher will not be refunded if the Customer returns the goods wholly or partially paid for with the promotional voucher within the scope of his statutory right of withdrawal.

10.9 The promotional voucher is intended for use by the person named on it only. The transfer of the promotional voucher to third parties is excluded. The Seller is entitled but not obliged to verify the material eligibility of the respective voucher holder.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased via the Seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller's online shop unless otherwise stated in the voucher.

11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date.

11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used to purchase goods and not purchase additional gift vouchers.

11.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

11.7 The balance of a gift voucher will not be paid out in cash or earn interest.

11.8 The gift voucher is intended for use by the person named on it only. The transfer of the gift voucher to third parties is excluded. The Seller is entitled but not obliged to verify the material eligibility of the respective voucher holder.

12) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relations between the parties, excluding the laws governing the international sale of movable goods. This choice of law applies to consumers only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

13) Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's registered office. If the Customer has its seat outside the territory of the Federal Republic of Germany, the Seller's registered office is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, the Seller is, in any case, entitled to bring an action before the court at the Customer's place of business.

14) Alternative Dispute Resolution

14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

14.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.