Terms and Conditions for Consumers

Terms and Conditions (T&Cs)

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A. GENERAL TERMS AND CONDITIONS

1. SCOPE OF APPLICATION

1.1. Terms and Conditions of "smilestore - Kay Link" (hereinafter “Seller”), apply to all contracts that the customer concludes 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 rejected, 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 attributable to their commercial nor their self-employed professional activity. By contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the course of their independent professional or commercial activity.

2. CONCLUSION OF THE CONTRACT

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 offer to enter into a contract 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 tofor 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.

3. RETURN COSTS WHEN EXERCISING THE RIGHT OF WITHDRAWAL

The return costs are set out in Right of withdrawal . As a general rule, the customer is responsible for the return costs.

4. PRICES AND TERMS OF PAYMENT

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 specified 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 a 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 the countries in which this payment method 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 payment will be debited after the goods have been dispatched. You will be notified of the date by email.

The use of the payment methods Invoice and Direct Debit is subject to a positive credit check. In this regard, we will forward your data to Klarna during the initiation and processing of the purchase contract for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna’s terms of use can be found here. General information about Klarna is available here. Your personal data will be processed by Klarna in accordance with applicable data protection regulations and as set out in Klarna’s privacy policy

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 countries outside the EuropeanUnion, 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. DELIVERY AND SHIPPING TERMS

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. WARRANTY

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, nor does it apply to claims 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 defects and defects of titleand to transfer ownership of it to the customer. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the Supplier, its legal representatives or vicarious agents. The right of recourse under Section 478 of the German Civil Code (BGB) is also excluded from the shortening of the limitation periods in relation to businesses.

6.3. The provider does not offer any guarantee.

7. LIABILITY FOR DEFECTS

7.1. Statutory liability for defects applies.

8. GOVERNING LAW

8.1. The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws governing the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

8.2. If the customer is a trader, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s. The same applies if the customer has no general place of jurisdiction in Germany or the EU, or if their place of residence or habitual abode is unknown at the time the action is brought. The right to bring proceedings before a court at another statutory place of jurisdiction remains unaffected.

8.3. The contract language is German.

B. CUSTOMER INFORMATION

1. INFORMATION REGARDING THE SELLER’S IDENTITY

Kay Link
Girardetstrasse 64
D-45131 Essen

Telephone: +49 (0)201 453 549 - 0
Fax: +49 (0)201 458 631 52
Mobile D2: +49 (0) 16 29 711 651

Email: info@smile-store.de

VAT registration number: DE170057281

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

The essential characteristics of the goods or services are set out in the respective product description provided by the seller.

3. INFORMATION ON THE CONCLUSION OF THE CONTRACT

The contract is concluded in accordance with Section 2 of the Seller’s General Terms and Conditions (see above).

4. INFORMATION ON PAYMENT AND DELIVERY

Payment shall be made in accordance with clause 4, and delivery in accordance with clause 5 of the Seller’s General Terms and Conditions (see above).

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

The contract is concluded by means of an offer and acceptance.

5.1. If the customer uses the seller’s online order form to place their order, they shall submit their offer as follows:

5.1.1. On the seller’s product page, the customer first clicks the “Add to basket” button. A pop-up then appears confirming that the item has been added to the basket. Here, you can choose whether you wish to “Proceed to checkout” or “Continue shopping”. If the customer chooses to proceed to checkout, they click on it and the checkout page is displayed.

5.1.2. Alternatively, the customer can view their shopping basket (icon and link at the top right of the website). Once the shopping basket page has opened, the customer can proceed with their order by clicking the “Proceed to checkout” button.

5.1.3. The checkout page opens. Here, the customer can either log in using the details from their customer account ( -> “Log in here” link top left – in this case, the billing address and (if different) the delivery address are automatically filled in), or – if ordering without a customer account – enter the billing address (mandatory fields are marked in red) – and, if different, the delivery address. Only once this information has been provided will the appropriate delivery and payment options be displayed.

5.1.4. The customer selects the desired delivery method.

5.1.5. The customer selects the desired payment method.

5.1.6. The customer can view the “General Terms and Conditions” via a link.

5.1.7. The customer can view the "Cancellation Policy" via a link.

5.1.8. To complete the purchase, the customer clicks on "Place order with obligation to pay".

5.2. Acceptance by the seller takes place in accordance with clause 2.3 of the seller’s General Terms and Conditions (see above).

6. INFORMATION ON THE STORAGE OF THE CONTRACT TEXT

The contract text is stored by the seller and sent to the customer in text form (e.g. email, fax or letter) after the customer has submitted their order, together with these General Terms and Conditions and customer information. In addition, the contract text is archived on the seller’s websiteand can be accessed by the customer free of charge via their password-protected customer account by entering the relevant login details, provided the customer has created a customer account in the seller’s online shop prior to submitting their order.

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

Before submitting a binding order, the customer can correct their entries at any time using the standard keyboard and mouse functions. Furthermoreaddition, all entries are displayed once more in a confirmation window before the order is submitted and can also be corrected there using the usual keyboard and mouse functions.

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

F&The contract may be concluded exclusively in German.

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

The seller is a member of the Association of Secure and Reputable Online Shop Operators (Verein sicherer und seriöser Internetshopbetreiber e. V.) and has agreed to comply with its assessment criteria and to submit to the out-of-court arbitration board, which is free of charge for its customers.

Information available at:
http://www.internetsiegel.net/Pruefungskriterien.pdf and http://www.internetsiegel.net/html/schlichtungsstelle.html