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1.1. Terms and Conditions of "smilestore - Kay Link" (hereinafter “Seller”), apply to all contracts concluded by the Customer with the Seller in respect of the products and/or services displayed in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2. Customers within the meaning of clause 1.1 are both consumers and business customers, whereby a consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor related to their self-employed professional activity. In contrast, a business customer is any naturalnatural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the course of their independent professional or commercial activity.

2.1. The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve as a basis for the Customer to submit a binding offer.

2.2. The customer may submit the offer by telephone, in writing, by email or via the online order form integrated into the seller’s online shop. When placing an order via the online order form, the customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket after entering their personal details and clicking the “Complete Purchase“ in the final step of the ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping basket.

2.3. The Seller may accept the Customer’s offer by means of a written (letter) or electronically transmitted (email) order confirmation, or by delivering the goods within five days. The seller is entitled to refuse to accept the order. Notwithstanding this, the following applies to consumer customers: A binding contract may also be concluded earlier if the customer chooses an online payment method and makes the payment immediately after submitting the order. In this case, the contract is concluded at the time the relevant payment service provider confirms the payment instruction to the customer.

2.4. Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

The return costs will be covered by Right of withdrawal . As a general rule, the customer is responsible for the return costs.

4.1. The prices quoted by the seller are final prices, i.e. they include all price components, including statutory German VAT. Any additional delivery and postage costs incurred will be stated separately in the product description within the offer.

4.2. For deliveries within Germany, the Seller offers the following payment options, unless otherwise specified in the relevant product description in the offer: Prepayment by bank transfer - PayPal - Cash on delivery - Klarna (subject to credit check by an external service provider).

4.2.1. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case

• Invoice: The payment term is [14] days from dispatch of the goods or, in the case of other services, from the provision of the service. The full terms and conditions for this payment method in the countries where it is available can be found here: Germany, Austria.
• Sofortüberweisung: Available in Germany & Austria. Your account will be debited immediately after placing your order. Direct debit: Available in Germany, the Netherlands, Sweden and Austria. The amount will be debited after the goods have been dispatched. You will be notified of the date by email.
• Credit card (Visa/Mastercard): Available in Germany and Austria. The payment will be debited after the goods have been dispatched or, in the case of a subscription, in accordance with the communicated schedule.
• Direct debit: Available in Germany and Austria. The amount will be debited after the goods have been dispatched. You will be notified of the date by email.

4.3. If international shipping is also offered for the respective product, the customer has the following payment options for international deliveries, unless otherwise specified in the respective product description in the offer: Prepayment by bank transfer – PayPal.

4.4. For deliveries to countriesthe European Union, additional costs may apply in individual cases, such as further taxes and/or duties, for example in the form of customs duties.

4.5. If payment in advance has been agreed, payment is due immediately upon conclusion of the contract or at the latest within 7 days. If payment by invoice has been agreed, payment is due at the latest 7 days after receipt of the goods.

5.1. Goods are normally delivered by post to the delivery address provided by the customer. The delivery address specified during the seller’s order processing is decisive for the transaction.

5.2. If delivery to the customer is not possible, the contracted transport company shall return the goods to the seller, in which case the customer shall bear the costs of the unsuccessful delivery. This shall not apply if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable prior notice of the service, or if the customer thereby exercises their right of withdrawal. 

6.1. The Customer’s warranty rights are governed by the general statutory provisions, unless otherwise specified below. The provision in § 6 of these Terms and Conditions applies to the Customer’s claims for damages against the Supplier. 

6.2. The limitation period for the customer’s warranty claims is 2 years for consumers in the case of new goods and 1 year for used goods. In relation to businesses,the limitation period for newly manufactured goods and used goods is 1 year. The above reduction in the limitation periods does not apply to the Customer’s claims for damages arising from injury to life, limb or health, or toclaims for damages arising from a breach of material contractual obligations. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract; for example, the supplier must deliver the goods to the customer free from material and legal defectsand to transfer ownership of it to the customer. The above reduction of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligenton the part of the Provider, its legal representatives or vicarious agents. With regard to business customers, the right of recourse under Section 478 of the German Civil Code (BGB) is also excluded from the shortening of the limitation periods.

6.3.  The provider does not provide any guarantee.

7.1. The statutory liability for defects applies.

8.1. The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that the/div>

B. CUSTOMER INFORMATION

1. INFORMATION REGARDING THE SELLER’S IDENTITY

2. INFORMATION ON THE ESSENTIAL CHARACTERISTICS OF THE GOODS OR SERVICES

3. INFORMATION ON THE CONCLUSION OF THE CONTRACT

4. INFORMATION ON PAYMENT AND DELIVERY

5. INFORMATION ON THE TECHNICAL STEPS LEADING TO THE CONCLUSION OF THE CONTRACT.

6. INFORMATION ON THE STORAGE OF THE CONTRACT TEXT

7. INFORMATION &ON THE TECHNICAL MEANS FOR DETECTING AND CORRECTING INPUT ERRORS

8. INFORMATION ON THE LANGUAGES AVAILABLE FOR THE CONCLUSION OF THE CONTRACT

9. INFORMATION ON CODES OF CONDUCT TO WHICH THE SELLER IS SUBJECT