Terms and Conditions
§1 Scope of terms
§2 Conclusion of the contract
§3 Maturity, payment, set-off, retention
§4 Delivery
§5 Title
§6 Cancellation and policy on returns
§7 Warranty, liability
§8 Privacy policy
§9 Intellectual property
§10 Final provisions
§1 Scope of terms
These General Terms and Conditions in their relevant version at the time of the order exclusively apply to all business relations between a customer and KiK Textilien und Non-Food GmbH (hereafter: KiK). The applicability of conditions of the customer, if any, is excluded unless KiK has specifically accepted them in written form.
§2 Conclusion of the contract
The display of our range of goods on the KiK website or in any other media does not constitute an offer. It´s the customer's order which constitutes the offer to conclude a sales contract.
You will receive a confirmation of the reception of your order by e-mail. This order confirmation does not constitute an acceptance of your offer, but only informs you, that your order has reached us. The contract is only concluded upon shipment of your goods by KiK. An explicit declaration on our part is not necessary, the customer renounces his right corresponding to § 151 S. 1 BGB. The acceptation is carried out under reserve of availability of the goods. Should we be unable to accept your offer, we will inform you electronically.
§3 Maturity, payment, set-off, retention
Payment is due when the contract is concluded.
Delivery and payment exclusively have to be carried out in cash in the branch chosen by the customer. For more information, please consult the order section. Unfortunately, we cannot accept any other method of payment. The customer is only entitled to offset payments against counterclaims if these are legally in force or uncontested by KiK. Moreover the customer is only entitled to retention if the counterclaim has its source in the same contract.
§4 Delivery
In case of availability, KiK will immediately deliver the ordered merchandise to the branch chosen by the buyer.
Details on delivery time are non-binding, unless a delivery date has exceptionally been bindingly confirmed. KiK bears the delivery costs.
§5 Title
Ownership of the deliverd goods remains with KiK until full payment of all amounts due by the buyer.
§6 Cancellation and policy on returns
Any customer has the right to cancel the contractual statement in writing (e.g. letter, fax, e-mail) within 14 days and without obligation to include the reason for cancellation. Should the goods have been delivered before expiry of this period, cancellation is performed by returning the products. The period starts with the reception of these instructions in writing, but not before reception of the merchandise by the customer (in case of repeated deliveries: not before reception of the first partial shipment), neither before we comply with our information duties according to art. 246 §2 combined with §1 al. 1 and 2 EGBGB as well as our obligations according to §312e al. 1 phrase 1 BGB combined with art. 246 §3 EGBGB. It is satisfactory to duly send the cancellation claim in order to meet the cancellation time limit. The cancellation has to be addressed to:
Consequences of cancellation
In case of an effective cancellation both parties have to return the received goods / services and derived advantages (e.g. interests) if applicable. Should you be unable to return the goods / services in part or total or only be able to return them in a downgraded state, you might be obliged to pay compensation for lost value. This does not apply if the deterioration of goods is exclusively due to their inspection as it would have been possible in a store. Besides, you can avoid the obligation to pay compensation for a deterioration caused by designated use by not using i he merchandise as if it was your property and by refraining from any action that could affect its value. Items eligible for shipping as a parcel can be sent back at our risk. You have to bear the costs of return if the delivered merchandise corresponds to your order and if the price does not exceed 40 Euro or, in case of more expensive goods, if you haven´t (partially) payed for the goods at the moment of cancellation. In all other cases, the return is free of charge for you. Items that cannot be sent by parcel will be picked up at your home. Liabilities concerning the restitution of payments have to be acquited within 30 days. The period starts with the sending of the goods or of your cancellation statement for you and with its reception for us.
§7 Warranty, liability
In case the merchandise should present a defect, the legal regulations prevail. The assignment of customer claims is explicitly excluded.
In the case of rectification of defects, KiK can choose between elimination of the defect and delivery of a defect free substitute.
Unless stated otherwise below, further customer claims - irrespective of legal basis - are excluded. KiK is not liable for damages that do occur on items other than the purchased goods. KiK is explicitly not liable for any loss of income, revenue, earnings or any other financial damage. As far as the KiK's contractual liability is excluded or restricted,this also applies to the individual liability of employees, representatives and auxiliary persons.
The above liability limitation does not apply to damages that occur due to intention or gross negligence or in case of personal injury. The limitation does not apply either in case the buyer lodges a claim regulated by law.
In case KiK should grossly neglect an essential contractual obligation, the compensation for material damage is limited to the usually occurring damage.
§8 Privacy policy
The data needed for the business transaction will be saved and may be, where necessary, transferred to our service partners / contractors which act as our contract data processors.
Of course, we treat all personal data highly confidential and your legitimate interests are considered strictly according to legal requirements.
In addition to the purposes mentioned above, KiK only uses the let data wth the buyer's consent and only in the context of our own marketing and information material. Furthermore, we treat data in anonymised form in order to adapt our product and service offer to our customers' needs. The buyer can object to the treatment of his data by informing trikotatkion@kik-textilien.com. When processing any data, we consider the legitimate interests of our customers according to legal requirements. There is no data transfer to any third parties.
§9 Intellectual property
This website is the intellectual property of KiK Textilien und Non-Food GmbH and is operated by KiK.
The complete content of this website, including texts, graphics, photographs, images, moving images, sounds, illustrations and software (content see hereunder) is the property of KiK, her licensers and / or content providers. All elements of the website, including the general desing and content are protected by intellectual property and other rights. If not stated otherwise within the website, any duplication, adaptation, saving or processing of contents whatsoever is prohibited and especially the use of imagery and texts on platforms such as ebay. All used trademarks, service names, brand and trade names are, unless indicated otherwise, trade marks or registered trade marks of KiK. You are not authorized to use, copy, reproduce, edit, upload, dispatch, transfer, distribute or change these trademarks in any way whatsoever without prior written consent from KiK.
§10 Final provisions
If the business partner is a registered merchant, an incorporated entity of public law or a special property under public law, the exclusive court of jurisdiction for all contractual claims will be the business location of KiK Textilien und Non-Food GmbH, Siemensstr. 21, 59199 Bönen, Germany. The same is valid for any person who does not have a place of jurisdiction in Germany or changed their residence or permanent dwelling to a place outside Germany after the conclusion of the contract or whose residence or permanent dwelling is unknown at the time the complaint is filed.
All contracts concluded by KiK on basis of these terms and conditions and all claims whatsoever generated by those contracts, are subject to the law of the Federal Republic of Germany to the exclusion of UN-CISG.
All contents of the KiK website are protected under intellectual property laws. Any duplication or use of texts and images requires explicit consent of KiK Textilien und Non-Food GmbH
KiK Textilien und Non-Food GmbH cannot be held responsible for any content of external websites we refer to using a hyperlink.