General Terms and Conditions

applicable

for

Kißkalt Designs

Fürther Str. 98/100

90429 Nürnberg

Tel. +49 (0)911 791310

VAT Registration Number DE 133160384

§ 1. General

1) These general tems and conditions will govern the applicable responsibilites according to the agreement between individuals and/or companies, who place orders with Kißkalt Designs using the internet, fax, email or the telephone.

2) For trading partners according to the German Commercial Code, other general terms and conditions apply.

3) Any contracts that are settled with Kißkalt Designs will be based solely on German law.

§ 2. Ordering and Agreement

1) The Kißkalt Designs presentations via the internet constitute an implicit encouragement to order products from Kißkalt Designs.

2) By ordering via the internet, fax, email or by telephone, the purchaser makes a binding offer for a contract of purchase.

3) Upon placing an order via the internet, an automatic order acceptance notice containing all ordering information will be sent. This requires the availabilty of complete and correct customer data. However, the purchase agreement will not be considered final following this order acceptance notice.

4) We will then check the availability and possible delivery dates for your binding order. Subsequently, you will receive an order confirmation from us within 3 working days that will contain complete order information, shipping cost (if applicable) and the delivery date.

5)  In any case, the purchase agreement will not be valid until this explicit order confirmation is sent.

§ 3. Revocation Notice

Right of Revocation

1) You may revoke your agreement declaration within two weeks without specification of reasons in any common text format (e.g. letter, fax, email) or – if the item is made available to you before this time - by resending the item.
The time span will commence upon receipt of this notice in text format, but not prior to the availability of the goods to the recipient (in case of repeated delivery of similar goods not prior to the receipt of the first partial delivery) and also not prior to the fulfilment of our duties to inform (according to German law, § 312c, Section
 2 BGB in connection with §1, Section 1, 2 and 4 BGB-InfoV) and our responsibilities (according to German law, § 312e Section 1 Clause 1 BGB in connection with § 3 BGB-InfoV). To comply with the revocation term requires timely sending the revocation notice or the item.

The revocation must be addressed to:

Kißkalt Designs
Fürther Straße 98/100
90429 Nürnberg

Fax-Nr. +49 (0)911 7908867
info@kisskalt-designs.de

 

Revocation Consequences

2)  In case of an effective revocation, all payments and deliveries from both sides must be returned including compensation for additional usage (e.g. interest). If delivered goods, whether partial or complete, can not be returned or are in a deteriorated condition when returned, you are responsible to compensate for the loss in value, if applicable. This will not apply for the transfer of goods if the deteriorated condition of the items is caused by their examination - as possible in a traditional outlet, for example. Generally, the obligation to compensate for decreased value due to the treatment of the goods can be avoided by refraining from treating the goods like property and avoiding everything that could impact their condition. Mailable goods can be returned at our risk. You are obliged to pay for the cost of the return if the delivered goods match the ordered goods and the price of the returnable items does not exceed the amount of 40 Euros, or if you, in case of a higher price, have not provided the appropriate service or made a partial payment that was agreed upon at the time of revocation. Otherwise, the returning of the goods will be free of charge for you. Non-mailable goods will be picked up at your home. Obligations concerning the reimbursement of payments must be fulfilled within 30 days. For you, this period starts when the declaration of revocation or the item is sent, for us, it starts with its receipt.

Please note: Freight collect deliveries will not be accepted! Please contact us so we can organise the return of the goods, if necessary.

Special Note

3) The right of revocation does not apply for entrepreneurs according to the German §14 BGB.

Restrictions to the Right of Revocation

4) The right of revocation will not be valid for agreements regarding the delivery of goods that were made according to customer specifications or that were customized for individual needs. Also excluded are goods that are not suitable for returning due to their nature.

In our product range, this applies to the following:

-Flexi Tube Rack System

-Table Module 001

-Table Module 002

-Table Chameleon

-Sideboard 011

The above products are manufactured according to your specifications which you can select from a multitude of options, and therefore they are not returnable.

End of Revocation Notice

§ 4. Prices

1) The listed prices for the purchasable items are final prices including German VAT (19%). The prices do not include any shipping- and delivery costs.

2) The price that is current at the time when the offer is made by the buyer will be the valid price for invoicing.

3)  Each update of the Kißkalt Designs website contents will render all previous prices and other information obsolete.

5. Payment

1) We hope you will understand, that due to the high additional costs of other payment methods, we can only accept advance payment. For the Printlight Photo and Printlight and the table Outsider products, payment in cash at the time of pickup is also possible.

2) With this method, the buyer agrees to pay the price within seven working days upon settling the agreement. The ordered item will be reserved until then and it will be dispatched upon receipt of the payment. For the goods listed under §3 Section 4 that are customized according to your requirements, the delivery period starts upon receipt of the payment. Processing of the order will be started on the day when the invoice amount is received on our account.  The transfer should be made payable to:

Kißkalt Designs
Postbank Nürnberg
Account Number 24 22 97 856
Bank Code 760 100 85

IBAN DE 57 7601 0085 0242 2978 56
BIC PBNKDEFF

3) For the Printlight Photo product, cash on delivery payment is also possible on prior arrangement. With this method, you make the payment to the post delivery staff when you receive the product. Please note that with this delivery method, an additional postage of 2,-€ will be charged by the post delivery staff. This payment method can only be used in Germany.

4) All charges that apply for payments from banks outside Germany will be paid by the purchaser. Payments from foreign banks within the EU don’t require a surcharge if the IBAN/BIC and Swift codes are specified for the transfer. If a payment is made without specifying these codes, any costs that are charged by the bank will be charged to the purchaser.

§ 6. Shipment and Delivery Costs.

1) We assure you that all orders will be processed as quickly as possible. The specification of the exact delivery date will be included in the order confirmation. The delivery time specified there will begin with the receipt of the payment.

2) Of course we are dependent on our vendors and handicraft companies. We always inform our buyers immediately if delays of the delivery are to be expected. Should the delivery time be increased to an extent that is unacceptable for the buyer, he/she is entitled to cancel the purchase agreement. Any payments made until then will be reimbursed. Compensation is excluded unless there have been major mishandlings.

3) For deliveries within the European Union, the German VAT will be charged unless the recipient specifies a valid VAT Registration Number. Deliveries to destinations outside the European Union will be invoiced excluding VAT. Tariffs, import turnover tax and any additional charges will be paid by the recipient.

4) The payable shipment costs, if applicable, are specified in the order confirmation.

5) Delivery Cost Summary

Delivery Cost Table (pdf)

§ 7. Reservation of Title

The object of purchase will remain the property of Kißkalt Designs until complete payment is made.

§ 8. Warranty

1) The warranty will become valid upon the receipt of the product. The limitation period for legal damage claims is two years for new products and one year for second-hand products, if the buyer is to be considered a consumer according to German law, §13 BGB.

If the buyer is to be considered an entrepreneur according to German law, this limitation period is one year for new products. For used products, any warranties are excluded for entrepreneurs.


2) Damages in Transit

If there are delivery damages that are visible at first sight, we kindly ask you to check the delivery. In any case, it is necessary to have the transport company issue and sign a damage confirmation. Additionally, we ask our customers to report obvious damages in writing within a week.

Otherwise, payments resulting from warranties due to these obvious damages will be excluded.  To all transactions, the relevant provisions in German law (including §377 HGB) will apply.

3) Especially with the felt covering of our FlexiTube rack system, irregularities of the texture and haptics might occur due to the nature of the sheep new wool that is used as the basis. These will not be accepted as reasons for warranty claims.

4) For any defects that might occur within the applicable warranty period from the time of delivery, for which a legal warranty right is valid, the buyer has the legal right to supplementary performance, i.e. correction of the damage or redelivery, and, if the legal provisions are applicable, the options of reduction and withdrawal. In total, we will be entitled to up to two correction attempts.

5) If repair measures or modifications are performed by the buyer or a third party without the written consent of Kißkalt Designs, all warranty claims will be invalid.

6) The transfer of claims for defects is not permitted.

§ 9. Liability Limitations

1) Kißkalt Designs will not be liable for any damages resulting from physical injuries unless these damages are caused by intentional or negligent behaviour or on the explicit breach of an essential duty contained in the agreement by Kisskalt Designs and their associates or vendors. Any liabilities regarding damages that exceed this are excluded. Your liabilities resulting from German product warranty law will remain valid.

2) Data transmission capabilities using the internet can not be guraranteed at all times. Therefore, we can not guarantee the continuous availability of our online shop.

§ 10. Security and Data Protection

The customer data are stored and processed by us according to the relevant German legal provisions (“Bundesdatenschutzgesetz” and “Telemediengesetz”). Any personal data are only required for legal reasons and will not be stored for each person longer than necessary. As a matter of course, all personalised date are treated confidentially.

We will use personalised date solely for internal purposes and will not make them available to third parties. Excluded from this are our service partners who require your address data for the delivery.

§ 11. Legal Venue

All disputes arising from this legal relationship are subject to German law only. UN purchasing law is not applicable. The relevant legal venue is the business location of Kißkalt Designs.

Severability Clause

Please do not hesitate to contact us if you have questions.

Please write to info@kisskalt-designs.de

or give us a call: +49(0)911 791310.

We are available from Monday to Thursday from 9 am to 1 pm. We are looking forward to your call and the opportunity to provide more information.  

Nuremberg, 1 July 2010, Kißkalt Designs