Cancellation Right

You are entitled to cancel this agreement within a period of fourteen days without giving reasons.

The cancellation period is fourteen days starting from the day the goods were received by you or a third party named by you who is not the carrier.

In order to exercise your cancellation right, you are required to inform us by means of an explicit declaration (e.g. a letter, telefax or email) that you wish to cancel this agreement.

Kißkalt Designs
Fürther Straße 98-100
90429 Nürnberg
phone +49-(0)911-791310
info@kisskalt-designs.de

For this purpose, you can use the attached cancellation form template, which is, however, not a requirement.

To ensure the cancellation period is not exceeded, the notice on exercising the right of cancellation must be sent prior to the expiration of the cancellation period.

Consequences of Cancellation

- If you cancel this agreement, we are liable for the refund of all payments we received from you, including delivery costs (with the exception of any costs resulting from a selection of any other mode of shipment than the standard and low-cost mode offered by us) immediately and not earlier than fourteen days from the day the notice concerning your cancellation of this agreement is received by us. For this refund, we will use the same payment method you used for the initial transaction unless a different method was agreed; under no circumstances will additional payments from your side be required as a consequence of this refund.

- We can refuse to refund until we have received the goods or you have provided ample proof of the fact that you have re-sent them, depending on what happens first.

- You are required to re-send or otherwise return the goods immediately or not later than fourteen days from the day you informed us about the cancellation of this agreement. The time limit is considered to be adhered to if you despatch the goods within a period of fourteen days.

- You are required to pay the immediate expenses arising from the resending of the goods.

If it is not possible to re-send the goods by mail due to their nature, we can arrange for collection upon agreement.

- You will only be required to compensate us for any loss in value of the goods if this loss in value is due to inappropriate use of the goods.

Exceptions to the Cancellation Right

The cancellation right will not apply to agreements concerning the delivery of goods that were produced according to customer specifications or are tailored to unique requirements in an obvious way or which are not suitable for resending due to their nature.

This applies to our following products:

- Flexi Tube rack system with coating
- Table Module 001
- Table Module 002
- Table Chamaeleon
- Sideboard Modul 011

The aforementioned products will be manufactured uniquely according to your requirements from a variety of options and are therefore not to be taken back.

End of Cancellation Policy

General Terms and Conditions

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. 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.

§ 4. 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. In the ordered goods, the delivery period begins with the receipt of 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.

§ 5. 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)


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

§ 7. 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.

§ 8. 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 liabilitiesregarding 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.

§ 9. 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.

§ 10. 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 Friday from 9 am to 6 pm. We are looking forward to your call and the opportunity to provide more information.

Nuremberg, 1 July 2010, Kißkalt Designs