Allgemeine Geschäftsbedingungen

1. Scope and definitions

1.1 For the business relationship between KahWei UG, Muhliusstr. 79, 24103 Kiel (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions (GTC) shall apply exclusively in the version valid at the time of the respective order. Any conflicting or other general terms and conditions and/or other terms and conditions of the Customer are expressly rejected, regardless of their designation, unless the Seller expressly agrees to their validity in writing.

1.2 Individual agreements made with the Customer in individual cases (including collateral agreements, supplements and/or amendments) shall in any case take precedence over the Seller's General Terms and Conditions. The content of such agreements shall be governed by a written contract and/or the written confirmation of the Seller. This also applies to the waiver of this written form requirement.

2. Internet site

2.1 The Seller's Internet pages merely constitute an invitation to the Customer to submit offers for the conclusion of a purchase contract for the goods presented.

2.2 Minor color deviations of the goods presented on the website are due to technical reasons.

3. Procedure of the order

3.1 The Customer can select products from the Seller's assortment and collect them in a so-called virtual shopping cart by clicking the "Add to Cart" button. The products listed there can be individually removed from the shopping cart by means of the button (hereinafter: button) "Remove" before the order. If the customer clicks on the "Buy" button, he makes a binding offer to purchase the goods in the shopping cart.

3.2 The minimum value per order must be EUR 1.00 (gross value of goods including VAT without shipping costs or other costs).

3.3 Before submitting the order, the customer can view and change the order data at any time via the "Shipping & Billing" button.

3.4 The customer will then receive an automatic confirmation of receipt by e-mail, which once again reproduces the content of the customer's order and which the customer can print out. This automatic confirmation of receipt does not constitute an acceptance of the offer, but merely documents that the order has been received by the seller. Goods shall only be delivered in quantities customary for households.

3.5 The contract shall only be concluded upon the Seller's submission of the declaration of acceptance. The Seller is entitled, but not obliged, to accept the Customer's offer of contract within 14 days of receipt by the Seller. The Seller declares acceptance by sending a confirmation of dispatch by e-mail.

4. Delivery, Delivery Periods, Availability of Goods

4.1 Unless otherwise agreed, delivery shall be made to the delivery address specified by the Customer. The goods are shipped via the Seller's cooperation logistics service providers depending on the volume of the goods or according to the Customer's selection.

4.2 The Seller informs the Customer about the delivery time during the ordering process and in the shipping confirmation. The timeliness of the delivery is determined exclusively by the time at which the Seller hands over the goods to the shipping company at the place of performance. After unsuccessful expiration of the delivery period, a grace period of 14 days is automatically set in motion without further explanation on the part of the customer. Only after the expiration of this grace period, the customer may withdraw from the contract.

4.3 If no copies of the product selected by the Customer are available at the time of the Customer's order, the Seller shall inform the Customer of this in the shipping confirmation. In the shipping confirmation, the Seller accepts the Customer's offer only limited to the goods that are available. A contract for the unavailable goods is not concluded.

4.4 If the Seller is unable to meet the stated delivery deadlines as a result of force majeure or for other reasons for which he is not responsible, he shall inform the Customer of this without delay. At the same time, the Seller shall set a new delivery deadline for the Customer that is reasonable under the circumstances, but no longer than 2 weeks beyond the originally agreed delivery deadline. If the goods are also not available within the new delivery period for reasons for which the Seller is not responsible, the Seller may withdraw from the contract in whole or in part. The Seller shall immediately reimburse the Customer for any consideration already paid. Reasons for which the Seller is not responsible shall be deemed to exist in particular if and to the extent that the Seller is not supplied by its suppliers in due time, although it has concluded a sufficient covering transaction. Insofar as the customer cannot reasonably be expected to accept the delivery as a result of the delay, he may withdraw from the contract by means of an immediate declaration in text form (i.e. in writing, by fax or e-mail) to the seller. Further statutory rights of the Customer shall remain unaffected.

4.5 After the goods have been handed over to the shipping company, the customer will automatically receive a shipping notification by e-mail.

4.6 Partial deliveries and early deliveries are permitted within the scope of what is reasonable for the customer. If the Customer has ordered several items, it may happen that the Seller sends them in several deliveries. If a part of the goods ordered by the customer is permanently not available, this part of the order will be cancelled. Thus, a contract is concluded only for the goods listed in the shipping confirmation.

5. Prices and shipping costs

5.1 All prices stated on the Seller's Internet pages are exclusive of the applicable statutory value-added tax.

5.2 The seller informs the customer of the respective shipping costs, as well as any additional costs in the order form. The customer shall bear the shipping costs and any additional costs.

6. Payment, Default of Payment

6.1 The Seller shall only accept the payment methods displayed to the Customer during the ordering process.

6.2 During the ordering process, the Seller shall, if there is a justified interest, carry out an automatic credit check of the Customer by means of an inquiry with a credit agency, e.g. SCHUFA Holding AG. The ordering option and the offered payment methods depend on the result of this credit check. In particular, depending on the result of this automatic credit check, the seller will offer the customer payment by Mastercard or Visacard. In the case of insufficient creditworthiness, the seller is also entitled to withdraw in whole or in part from all existing contracts for which the customer has not yet paid the purchase price despite due date and reminder.

7. Retention of title

7.1 Until full payment of the purchase price, the delivered goods remain the property of the seller.

7.2 The customer is obliged to inform the seller immediately in writing in the event of a seizure of the goods or other interventions by a third party, as well as to inform the third party of the seller's retention of title.

8. Warranty

8.1 The warranty for defects of the purchased goods shall be governed by the statutory provisions and the following provisions. In particular, the customer may demand subsequent performance (new delivery or rectification of defects). However, the seller is entitled to refer the customer to new delivery if the removal of defects would involve disproportionate effort. Warranty claims shall expire two years after delivery of the goods.

8.2 Deviations in the quality, color, size, equipment or design of the goods that are customary in the trade or technically unavoidable and are due to the material shall be insignificant. There shall be no right of withdrawal in case of such or other insignificant defects. The customer shall be at liberty to prove that the said deviations are significant for him.

8.3 The customer shall have no warranty rights if he has modified the goods and the defect was caused thereby. Claims of the customer for damages or reimbursement of futile expenses shall only exist in accordance with § 11 of these GTC.

9. Notes on data processing

The protection of the Customer's personal data, which the Customer provides to the Seller when using the Online Store, is very important to the Seller. The Seller will collect, store and use personal data only in accordance with the applicable data protection regulations.

10. Liability

10.1 The Seller shall be liable without limitation for intent and gross negligence. The Seller shall only be liable for ordinary negligence in the event of injury to life, limb, health or a material contractual obligation. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on whose fulfillment the customer has relied and could also have relied.

10.2 In the event of a slightly negligent breach of material contractual obligations, the Seller's liability shall be limited to the amount of the foreseeable, typically occurring damage.

10.3 The above limitations of liability shall also apply in favor of the legal representatives and vicarious agents of the Seller.

10.4 Liability under the Product Liability Act shall remain unaffected.

11. Final Provisions

11.1 Contracts between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.2 The invitation to submit offers within the scope of KahWei UG is directed at consumers, a merchant, a legal entity under public law or a special fund under public law. In any case, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be the registered office of the Seller.

11.3 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. Instead of the invalid provision, the relevant statutory provisions shall apply. This shall apply accordingly to the filling of any regulatory gaps in these GTC.

11.4 For questions or complaints about the website of KahWei UG, the Seller is available to the Customer at the e-mail address hello@kahwei.surf, the telephone number +49 431 60834619, as well as by post at the company address (KahWei UG, Muhliusstr. 79, 24103 Kiel, Germany).