General Terms and Conditions Information for consumers on distance selling contracts
and customer information for contracts in electronic commerce
§ 1 Scope
For orders placed via the Kemes.shop website of Kemes Commerce GmbH, the following General Terms and Conditions in the version valid at the time of the order apply to the business relationship between us and the customer.
§ 2 Conclusion of contract
The presentation of our products at www.kemes.shop merely constitutes an invitation to the customer to submit a contract offer. By submitting an order via the website www.kemes.shop, the customer submits an offer to conclude a contract within the meaning of Section 145 of the German Civil Code (BGB). After submitting the order, the customer first receives a confirmation of receipt of the order.
The contract with us is concluded
a) if we accept the customer's offer in writing or in text form within 2 working days of sending the order. The time of receipt of the declaration of acceptance by the customer is decisive in this respect.
or
b) if the customer receives a shipping confirmation for the ordered goods in text form within 2 working days of sending the order. The time at which the customer receives the shipping confirmation is decisive in this respect.
A working day is any calendar day that is not a Sunday or a national public holiday.
§ 3 Delivery, shipping costs, transfer of risk
Delivery is made at the shipping costs stated in each individual case. If the customer is a consumer, we bear the shipping risk in any case, regardless of the shipping method. If the customer is a businessperson, all risks and dangers of shipping are transferred to the customer as soon as we have handed over the goods to the commissioned logistics partner.
§ 4 Payments
Only the payment methods shown to the customer during the ordering process are accepted.
§ 5 Liability for defects
The statutory liability for defects applies.
§ 6 Information for consumers in distance selling contracts and customer information in
Contracts in electronic commerce
a)
We are not subject to any specific codes of conduct not mentioned above.
b)
You can identify any input errors when placing your order during the ordering process before submitting the order and correct them using the change function before submitting the order.
c)
The essential characteristics of the products we offer and, if applicable, the period of validity of limited-time offers can be found in the individual product descriptions within our offer.
d)
The language available for concluding the contract is exclusively German.
e)
Complaints and claims for defects can be submitted to the address provided in the provider identification.
f)
The contract text is not stored by us and is therefore available to you as a customer after
Contract conclusion through us is not accessible. In addition, you can access the data of your order via your user account under the point
View "Orders".
G)
For information on payment, delivery or fulfillment, please refer to the specific
Product range.
§ 7 Information on dispute settlement proceedings before a consumer arbitration board
We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
§ 8 Miscellaneous
The contractual relationship between us and the customer as well as the respective terms and conditions are subject to the law of the Federal Republic of Germany. If the customer is a consumer, the statutory provisions and rights applicable to the protection of consumers under the law of the state in which the customer has his or her habitual residence, from which no deviation may be made by agreement, remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
OUR VOLUNTARY RETURN POLICY
The voluntary right of return explained below does not apply to distance selling contracts
- for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive
-or which are clearly tailored to the personal needs of the consumer.
Furthermore, the voluntary right of return does not apply to the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, nor to the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
A further prerequisite for exercising our voluntary right of return is that you return each item in the same condition in which you received it. This means that new articles must also be returned new and unused and complete be . Used items must not show any additional signs of wear or damage.
In addition to your statutory rights, we grant you the following voluntary right of return:
You can return all products that you purchase from us within 30 days of receipt of the goods. All products that were dispatched by us between November 1st and December 31st (both inclusive) can be returned up to and including January 31st of the following year. The deadline of 30 days from receipt of the goods does not apply during this period.
If you return goods in accordance with this voluntary return policy, we will refund the purchase price.
When returning clothing, shoes, handbags, jewelry or watches, we generally reimburse the shipping costs for the shipment and the return costs, regardless of the following regulations.
If you return goods whose price exceeds 40.00 euros and which you send to us within the first 14 days of receipt, we will refund the shipping costs for the shipment and the return shipping costs.
If you return goods that cost less than 40.00 euros and that you send to us within 14 days of receipt, we will cover the shipping costs. However, we will not refund the return shipping costs.
The amount of EUR 40 refers to the individual item to be returned and not to the total value of the return.
The goods must be returned to the address stated in the cancellation policy. You will meet the return deadline if you return the goods to us before the return deadline has expired. In any case, you bear the transport risk when returning the goods.
This right of return does not affect your statutory rights and your right of cancellation.