Terms of service
Table of Contents
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Place of Jurisdiction
13. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "Terms") of KESSETECH GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods entered into between a consumer or business customer (hereinafter "Customer") and the Seller relating to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these Terms apply accordingly, unless otherwise specified.
1.3 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional in nature.
1.4 A business customer within the meaning of these Terms is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but rather serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for 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 email), whereby receipt of the order confirmation by the Customer shall be decisive; or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive; or
by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing takes place 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 [LINK], or, if the Customer does not have a PayPal account, subject to the Terms for Payments without a PayPal Account, available at [LINK]. If the Customer pays using a payment method offered by PayPal that is selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button that concludes the ordering process.
2.5 When ordering via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and is sent to the Customer in text form (e.g., email, fax, or letter) after the Customer's order has been submitted. The Seller does not provide the text of the contract in any other way. If the Customer has set up a user account in the Seller's online shop prior to submitting their order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct, so that emails sent by the Seller can be received at that address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal instructions.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may apply will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such money transfer costs may also apply even if the delivery is not made to a country outside the European Union, if the Customer makes the payment from a country outside the European Union.
4.3 The available payment method(s) will be communicated to the Customer in the Seller's online shop.
4.4 If a payment method offered via the "PayPal" payment service is selected, payment processing takes place via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller advances payment to the Customer (e.g., purchase on invoice or installment payment), the Seller assigns its payment claim to that extent to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The Seller reserves the right to deny the Customer the selected payment method in the event of a negative credit 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, the Customer may only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the event of assignment of the claim, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credit notes.
4.5 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. To process payments, Shopify may make use of additional payment services, which may be subject to special payment terms that will be separately brought to the Customer's attention if applicable. Further information on "Shopify Payments" is available online at [LINK].
4.6 If a payment method offered via the "Mollie" payment service is selected, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter "Mollie"). The individual payment methods offered via Mollie will be communicated to the Customer in the Seller's online shop. To process payments, Mollie may make use of additional payment services, which may be subject to special payment terms that will be separately brought to the Customer's attention if applicable. Further information on "Mollie" is available online at [LINK].
5) Delivery and Shipping Terms
5.1 If the Seller offers to ship the goods, delivery will take place 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 shall be decisive for the execution of the transaction. Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the outbound shipment if the Customer effectively exercises their right of withdrawal. For return shipping costs, the provision set out in the Seller's withdrawal instructions shall apply if the Customer effectively exercises their right of withdrawal.
5.3 If the Customer acts as a business customer, the risk of accidental loss or accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over 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 or accidental deterioration of the goods sold generally does not pass until the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss or accidental deterioration of the goods sold also passes to the Customer, even in the case of consumers, as soon as the Seller has handed over the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer commissions the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment, and the Seller had not previously named this person or institution to the Customer.
5.4 If the Customer is a consumer based in Germany or a business customer, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed without delay and any consideration already provided will be reimbursed without delay.
5.5 In-person pickup is not possible for logistical reasons.
6) Retention of Title
If the Seller advances payment, it retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise specified below, the statutory provisions on liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as a business customer,
the Seller has the choice of the type of subsequent performance;
for new goods, the limitation period for defect claims is one year from delivery of the goods;
for used goods, defect claims are excluded;
the limitation period does not begin anew if a replacement delivery is made as part of the liability for defects.
7.2 The above-mentioned limitations of liability and shortened limitation periods do not apply
to claims for damages and reimbursement of expenses by the Customer;
if the Seller has fraudulently concealed the defect;
to goods that have been used for a building in accordance with their customary use and have caused the building's defectiveness;
to any obligation 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 business customers, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.
7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and to notify the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual defect claims.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
8.1 The Seller is liable without limitation on any legal grounds
in the case of intent or gross negligence;
in the case of intentional or negligent injury to life, body, or health;
on the basis of a guarantee promise, unless otherwise specified in this regard;
on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If the Customer is a consumer based in Germany or a business customer, the following limitations of liability apply:
If the Seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for the type of contract, unless it is liable without limitation pursuant to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper performance of the contract possible in the first place, and on the observance of which the Customer may regularly rely. In all other respects, the Seller's liability is excluded, unless it is liable without limitation pursuant to the preceding paragraph.
8.3 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
9) Redemption of Promotional Vouchers
9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the Customer (hereinafter "promotional vouchers"), can only be redeemed in the Seller's online shop and only within the specified period.
9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is stated in the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
9.4 Multiple promotional vouchers may also be redeemed for a single order.
9.5 If the promotional voucher relates to a specific amount rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. The Seller will not refund any remaining credit.
9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
9.7 The credit balance of a promotional voucher will neither be paid out in cash nor bear interest.
9.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher as part of their statutory right of withdrawal.
9.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.
10) Redemption of Gift Vouchers
10.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.
10.2 Gift vouchers and any remaining credit from gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Any remaining credit will be credited to the Customer until the expiration date.
10.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
10.4 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
10.5 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
10.6 The credit balance of a gift voucher will neither be paid out in cash nor bear interest.
10.7 The gift voucher is intended for use only by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.
11) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws governing the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
12) Place of Jurisdiction
If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business. If the Customer's place of business is located outside the territory of the Federal Republic of Germany, the Seller's place of business shall be 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. In the above cases, however, the Seller is in any event entitled to bring an action before the court having jurisdiction over the Customer's place of business.
13) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.