Terms & conditions
A. GENERAL TERMS AND CONDITIONS (01.11.2019)
1. SCOPE OF APPLICATION
1.1 Terms and conditions of the "smilestore® - Kay Link" (hereinafter "Seller") apply to all contracts that the Customer concludes with the Seller regarding the products and/or services displayed in the Seller's online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Customers within the meaning of section 1.1 are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for a purpose which can predominantly be attributed neither to his commercial nor his self-employed professional activity. An entrepreneur, on the other hand, is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
2. CONCLUSION OF CONTRACT
2.1 The product presentations contained in the seller's online shop do not represent 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. In the case of an order via the online order form, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket after entering his personal data and by clicking the "Complete purchase" button in the final step of the ordering process.
2.3 The Seller may accept the Customer's offer by means of a written (letter) or electronically transmitted (e-mail) order confirmation or by delivering the goods within five days. The Seller is entitled to refuse acceptance of the order. This does not apply to consumer customers: A binding contract may also be concluded before this 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 The order processing and establishment of contact usually take place via 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 third parties commissioned by the seller to process the order can be delivered.
3. RETURN COSTS WHEN EXERCISING THE RIGHT OF REVOCATION
The return costs are regulated in the right of withdrawal. Generally applies: The customer has to bear 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 the statutory German value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description in the offer.
4.2 For deliveries within Germany, the Seller offers the following payment options, unless otherwise specified in the respective product description in the offer: prepayment by bank transfer & PayPal.
4.3 If the respective product is additionally offered for shipment abroad, the customer has the following payment options for deliveries abroad, unless otherwise specified in the respective product description in the offer: Prepayment by bank transfer - PayPal.
4.4 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, such as additional taxes and/or duties, for example in the form of customs duties.
4.5 If prepayment has been agreed, payment is due immediately after conclusion of the contract or at the latest after 7 days.
5. TERMS OF DELIVERY AND DISPATCH
5.1 The delivery of goods shall take place regularly by dispatch and to the delivery address indicated by the customer. The delivery address stated in the Seller's order processing is decisive for the transaction. All procducts are shipped on behalf of MEGASONEX®/Panaford B.V
5.2 If delivery to the customer is not possible, the commissioned transport company 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 offered service, unless the seller had announced the service to him in advance for a reasonable period or if the customer thereby exercises his right of revocation.
6.1 The customer's warranty rights shall be governed by the general statutory provisions unless otherwise specified below. For claims for damages of the customer against the supplier the regulation in § 6 of these AGB applies.
6.2 The limitation period for warranty claims of the customer is 2 years for consumers for newly manufactured items and 1 year for used items. For entrepreneurs, the limitation period for newly manufactured goods and for used goods is 1 year. The aforementioned shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb or health as well as to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective 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 shortening of the limitation periods shall also not apply to claims for damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. The right of recourse according to § 478 BGB (German Civil Code) is also excluded from the shortening of the limitation periods in respect of entrepreneurs.
6.3 A guarantee is not declared by the provider.
7. LIABILITY FOR DEFECTS
7.1 The statutory liability for defects shall apply.
8. APPLICABLE LAW
8.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
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 registered office of the seller. The same shall apply if the customer has no general place of jurisdiction in Germany or the EU or if his place of residence or habitual abode is not known at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.
8.3 The contract language is German.
Online Dispute Resolution according to EU regulation NR. 524/2013