Terms & conditions

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1.1. BUSINESS TERMS OF THE "smilestore® - Kay Link" (hereinafter „Seller“), shall apply to all contracts which the customer concludes with the Seller with regard to the products and/or services presented in the Seller's online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 Customers within the meaning of section 1.1 are both consumers and entrepreneurs, whereby a consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or a legally responsible partnership who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

2.1 The product representations contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The customer may submit the offer by telephone, in writing, by e-mail or via the online order form integrated in the seller's online shop. When placing an order via the online order form, the customer, after entering his/her personal data and clicking the button "Complete purchase" in the final step of the ordering process, submits a legally binding offer to enter into a contract with regard to the goods contained in the shopping basket.

2.3 The seller may accept the customer's offer by confirming the order in writing (letter) or electronically (e-mail) or by delivering the goods within five days. The seller is entitled to refuse acceptance of the order. Notwithstanding the foregoing, the following shall apply to consumer customers: A binding contract can also be concluded beforehand if the customer chooses an online payment method and makes the payment immediately after sending the order. In this case, the contract is concluded at the time when the corresponding payment service provider confirms the payment order to the customer.

2.4 Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

The return costs are regulated in the right of withdrawal geregelt. As a general rule, the customer shall bear the shipping costs.

4.1 The prices quoted by the Seller are final prices, i.e. they include all price components, including the statutory German VAT. Additional delivery and shipping costs, if any, will be indicated separately in the respective product presentation in the offer.

4.2 For deliveries within Germany, the Seller offers the following payment options, unless otherwise specified in the respective product presentation in the offer: Prepayment by bank transfer - PayPal - Cash on delivery - Klarna (after credit check by 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. The payment is made to Klarna in each case.

• Invoice: The payment term is [14] days from the dispatch of the goods or, in the case of other services, 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, Österreich.
• Immediate bank transfer: Available in Germany & Österreich. Your account will be debited immediately after placing the order. Direct debit: Available in Germany, the Netherlands, Sweden and Austria. The debit will be made after the goods have been dispatched. You will be informed of the time by e-mail.
• Credit card (Visa/Mastercard): Available in Germany and Austria. The debit will be made after the goods have been shipped or in the case of a subscription according to the communicated times.
• Direct debit: Available in Germany and Österreich. The debit will be made after the goods have been dispatched. The time will be communicated to you by e-mail.

The use of the payment methods invoice and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. You can find more information and Klarna's terms of use here. General information about Klarna can be found here. Your personal information will be treated by Klarna in accordance with the applicable privacy policy and as set out in Klarna's Privacy Policy 

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

4.4 In the case of deliveries to countries outside the European Union, further costs may be incurred 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 shall be due immediately after conclusion of the contract or later after 7 days. If an invoice has been agreed, payment shall be due at the latest 7 days after receipt of the consignment of goods.

5.1 The delivery of goods shall be made regularly by dispatch and to the delivery address specified by the customer. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.

5.2 If delivery to the customer is not possible, the transport company commissioned shall return the goods to the seller, whereby the customer shall bear the costs for the unsuccessful delivery. This does not apply if the customer was temporarily prevented from accepting the service offered, unless the seller had given him reasonable prior notice of the service or if the customer thereby exercises his right of cancellation.

6.1 The customer's warranty rights shall be governed by the general statutory provisions, unless otherwise provided below. The customer's claims for damages against the supplier shall be governed by the provision in Section 6 of these GTC.

6.2 The limitation period for warranty claims of the customer shall be 2 years for newly manufactured goods and 1 year for used goods. For entrepreneurs, the limitation period shall be 1 year for newly manufactured goods and 1 year for used goods. The above reduction of the limitation period shall not apply to claims for damages by the customer based on injury to life, limb or health or to claims for damages based on a breach of material contractual obligations. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. The above reduction of the limitation periods shall also not apply to claims for damages based on a wilful or grossly negligent breach of duty by the supplier, its legal representatives or vicarious agents. Also excluded from the reduction of the limitation periods vis-à-vis entrepreneurs is the right of recourse pursuant to Sec. 478 of the German Civil Code (BGB).

6.3 A guarantee is not declared by the supplier.

7.1 The statutory liability for defects shall apply.

8.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

8.2 If the customer is a merchant, a legal entity 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 place of business. The same shall apply if the customer has no general place of jurisdiction in Germany or the EU or if the customer's place of residence or habitual abode is unknown at the time the action is brought. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.

8.3 The contractual language is German.

Kay Link
Girardetstrasse 64
D-45131 Essen

Phone: +49 (0)201 453 549 - 0 
telefax: +49 (0)201 458 631 52
mobile D2: +49 (0) 16 29 711 651

E-mail: info@smile-store.de

VAT identification number: DE170057281

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

The formation of the Contract shall be governed by clause 2 of the Seller's General Terms and Conditions (see above).

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).

The contract is concluded by offer and acceptance.

5.1 If the customer uses the seller's online order form for his order, he makes his offer as follows:

5.1.1 On the seller's goods offer page, the customer clicks on the „Into the Bag“ button in the first step. A pop-up then opens confirming that the item has been placed in the shopping basket. Here you can choose whether you want to "Proceed to checkout" or "Continue shopping". If the customer chooses to checkout, they click on it and the checkout page is displayed.

5.1.2 Alternatively, the customer can display their shopping cart (icon and link at the top right of the website). After the shopping cart page has been opened, the customer can continue his/her order by clicking on the button „Proceed to checkout“

5.1.3 The checkout page opens. Here, the customer can either log in with the data from his customer account ( -> Link "log in here" in the top left-hand corner - In this case, the billing address and (if different) the delivery address will be filled in automatically), or - if the order is to be placed without a customer account - the billing address (mandatory data will be marked in red) - and if different - the delivery address. Only after you have entered these details will the appropriate shipping and payment options be displayed.

5.1.4 The customer chooses the desired shipping method.

5.1.5. the customer selects the desired payment method.

5.1.6. the customer can view the "General Terms and Conditions“ üvia a link.

5.1.7. the customer can view the "Cancellation policy"“ üvia a link.

5.1.8. to complete the purchase, the customer clicks on „order with payment“.

5.2 The acceptance by the Seller shall take place in accordance with clause 2.3 of the Seller's General Terms and Conditions (see above).

The text of the contract will be stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent, together with these terms and conditions and customer information. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before submitting his order.

Before the binding submission of the order, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

Only the German language is available for the conclusion of the contract

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

The Online Dispute Resolution platform (ODR platform) is intended to help both entrepreneurs and consumers to resolve conflicts out of court. Both sides can turn to the platform in the event of a dispute: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE