1. Scope, object of the contract, definitions
a) For the business relationship between My Kilos GmbH, Leipziger Strasse 65, 10117 Berlin, hereinafter referred to as the “supplier”, and the customer (hereinafter also referred to as “buyer”), the following Terms and Conditions shall apply in their version valid at the time of the order.
b) These terms and conditions apply exclusively to the sale of furniture and home accessories on the website www.mykilos.com (hereinafter “website”).
c) Customers are consumers within the meaning of section 13 of the German Civil Code (BGB), i.e. natural persons who conclude the respective legal transaction for a purpose which cannot be attributed predominantly to either their commercial or self-employed occupation. In other cases, the customers are entrepreneurs according to § 14 BGB
2. The conclusion of a contract and order process:
a) The presentation of the products on the website does not constitute a legally binding offer, but a request for the placing of an order. All offers are valid as long as stocks last unless otherwise stated. Errors and omissions are expected.
b) The customer can select products from the assortment of the supplier and collect them via the “Add to Cart” button in a so-called ordering system shopping cart. Via the button “pay purchase”, he makes a binding request for the purchase of the products in the shopping cart. Before sending the order, the customer can change and view the data at any time.
c) The supplier then sends the customer an automatic acknowledgement of receipt by e-mail, in which the order of the customer is listed again (order confirmation). The automatic acknowledgement of receipt merely documents that the customer’s order has been received by the supplier and does not constitute acceptance of the order. The transmission of account data by email for the purpose of payment via prepayment is not a declaration of acceptance by the supplier. The purchase contract only comes into existence when the supplier sends the ordered product to the customer and confirms the dispatch to the customer with a second e-mail (confirmation of shipment).
3. Retention of title
The delivered goods remain the property of the supplier until they have been paid in full.
4. Prices, Shipping charges
a) All prices that are stated on the website of the supplier include the applicable statutory value-added tax.
b) The shipping costs inside Germany are paid by the supplier.
5.Terms of payment
The payment is made by the, on the website, indicated the means of payment.
6. Defect warranty, guarantee:
a) The statutory right of the defect shall apply.
b) There is a warranty for the goods supplied by the supplier only if this has been expressly stated in the order confirmation of the respective items.
7. Liability: The statutory right of liability applies.
a) The provider processes personal data of the customer according to the legal requirements. Personal data (such as name, e-mail address, address, payment data) provided for the purpose of ordering goods are used by the supplier to fulfil and process the contract. These data are treated confidentially and are not passed on to third parties who are not involved in the ordering, delivery and payment process.
b) The customer is entitled, on request, to receive information free of charge about his personal data stored by the supplier. In addition, he has the right to correct incorrect data, block and delete his personal data, in so far as no statutory retention is required.
9. Online dispute resolution, arbitration board
a) The EU Commission’s Platform for online dispute resolution (OS Platform) can be accessed via the following link: http://ec.europa.eu/consumers/odr/b) We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
10. Final provisions (applicable law, contract language, contract text, court of jurisdiction)
a) The laws of the Federal Republic of Germany shall apply to contracts between the supplier and the buyer to the exclusion of the United Nations convention on contracts for the international sale of goods, to the extent that there are no compelling requirements.
b) The language of the contract is German, to the extent that there are no compelling requirements.
c) The supplier shall store the contract text and send the order data by e-mail to the buyer. The buyer can also view and save the GTC at any time on the website as well as print it out.
d) If the customer is a merchant, a legal person of public law or a public-law fund, the judicial district of the place of business is the court of jurisdiction for all disputes arising from contractual relationships between the buyer and the supplier.
CANCELLATION POLICY & CANCELLATION SAMPLE
1. Right of cancellation
You have the right to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which you or a third party named by you who is not the carrier have taken possession of the last goods. In order to exercise your right of withdrawal, you should use our return guide, which you will find here. Please read our guidelines carefully!
If you cancel this contract, we will reimburse all the payments we have received from you, not including the cost of delivery, within a period of fourteen days from the date on which the notice of cancellation of this contract has been received by us. For such reimbursement we will use the same means of payment that you used for the original transaction unless you have expressly agreed otherwise; in no case will you be charged for these repayment fees. We may refuse the refund until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you cancelled this contract. The deadline is met if you send the goods before the end of the 14-day period. You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling which is not necessary for the purpose of checking the quality, characteristics, and functioning of the goods. We would not accept returns of used and/or damaged goods.
End of cancellation policy.
Note on the right of cancellation (not a part of cancellation policy)
The right of cancellation does not exist for contracts that,
- Supply goods that are clearly tailored to the personal needs of the buyer;
- Supply sealed goods, for reasons of health or hygiene that are not suitable for return if their seal hasbeen removed after delivery.
2. Contract of purchase cancellation format
If you want to cancel the purchase contract:
Fill in the following sample cancellation format and send it per post to:
My Kilos GmbH Leipziger Strasse 65 10117 Berlin
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*)/received on (*) ……………………………..
Name of the buyer(s) ……………………………..
Address of buyer (s)
Signature of the buyer (s) (only for cancellations written on paper)
(*) Delete as appropriate.
Information in accordance with § 18 Battery Act
Batteries may be returned free of charge after use at the point of sale or in their immediate vicinity.
You can return the batteries to us (Jörg Hammer GmbH, Stuttgarter Straße 23, 75179 Pforzheim) with sufficient postage paid. The end user (in the law: “end user”) is legally obliged to return used batteries. The symbol with the crossed-out refuse bin (§ 17 para. 1 Battery Act) has the following meaning: batteries must not be disposed of in regular household waste. The chemical signs of the metals (§ 17 (3) Battery Act) have the following meaning: “Hg” means mercury (Hydrargyrum), “Cd” means cadmium and “Pb” means lead (plumbum).