Terms and Conditions
§ 1 Validity, definition of terms
(1) KMGSHOP.EU, Tevini & Friends GmbH, Fruehlingstrasse 84, 82110 Germering, Germany (hereinafter: “we” or “KMGSHOP.EU”) operates an online shop for merchandise. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and enter into liabilities .
§ 2 Formation of the contracts, storage of the contract text
(1) The following regulations on the conclusion of a contract apply to orders via our online shop at https://kmgshop.eu
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop. The order is made in the following steps:
1. Selection of the desired goods,
2. Adding the products by clicking on the corresponding button (e.g. “Add to cart”, or similar),
3. Checking the information in the shopping cart,
4. Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, or similar),
6. Completion of the order by pressing the “Buy Now” button. This constitutes your binding order.
7. The contract is concluded when you receive an order confirmation from us within three working days at the email address provided.
(4) If the contract is concluded, the contract is concluded with Tevini & Friends GmbH, Managing Director Sandra Heudecker, Fruehlingstrasse 84, 82110 Germering, Germany.
(5) Before ordering, the contract data can be printed out or saved electronically using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, takes place by email after you have placed the order, partly automatically. We do not save the text of the contract after the conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “Back” button of the browser). They can also be corrected by aborting the ordering process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via email, in some cases automatically. You must therefore ensure that the email address you have given us is correct, that the receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential features of the products
(1) In our online shop, the subject matter of the contract is:
The sale of merchandise. You can find the specific merchandise offered on our article pages.
(2) The main features of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and usage requirements, this will be expressly pointed out in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.
§ 4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (payment in advance), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is shown as being free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if necessary in the shopping cart system and on the order overview.
(4) Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch (delivery time: 3-10 business days after receipt of payment).
(5) You consent to receiving invoices and credits solely in electronic form.
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Promotional vouchers and their redemption
(1) Promotional vouchers are vouchers that cannot be purchased, but are given out during advertising campaigns and are valid for a certain period of time.
(2) Promotional vouchers can be redeemed once only in connection with an order, and only within the specified period. Certain merchandise may be excluded from the promotion. Promotional vouchers may not be used to purchase gift vouchers. Please note that a minimum order value may apply to the use of promotional vouchers.
(3) The value of the merchandise must equal or exceed the value of the promotional voucher. If the voucher does not cover the value of the merchandise, the difference can be paid using any of the accepted payment methods. The value of promotional vouchers will not be paid out in cash, nor will it accrue interest. Promotional vouchers will not be refunded if all or some of the merchandise is returned.
(4) Promotional vouchers can only be redeemed before the ordering process is complete. It is not possible to apply vouchers retrospectively. Promotional vouchers may not be transferred to third parties. Unless we have agreed otherwise, it is not possible to combine multiple promotional vouchers.
(5) If you used a promotional voucher when making your purchase and, as a result of revocation by you, the total value of your order is less than or equal to the value of the promotional voucher, we reserve the right to charge you the original price for the merchandise you retain.
§ 7 Gift vouchers and their redemption
(1) Gift vouchers are vouchers that can be purchased. They may only be redeemed to purchase KMGSHOP.EU merchandise, not more gift vouchers. If the value of a gift voucher is not enough to cover the order, the difference can be paid using any of the accepted payment methods.
(2) Gift vouchers can only be redeemed and credits applied prior to completing your order. The value of gift vouchers will not be paid out in cash, nor will it accrue interest.
§ 8 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is based on our cancellation policy.
§ 9 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts is limited to intent or gross negligence.
(2) In the event of slight negligence, we shall be liable without limitation in the event of injury to life, limb or health or in the event of a breach of an essential contractual obligation. If we are in arrears with the service due to slight negligence, if the service has become impossible or if we have violated a contractual obligation, liability for property damage and financial losses attributable to this is limited to the foreseeable damage typical of the contract. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes in particular our obligation to take action and to fulfill the contractually owed service, which is described in § 3.
§ 10 Contract language
Only English or German is available as the contract language.
§ 11 Warranty
(1) The warranty is based on the statutory provisions.
(2) In relation to entrepreneurs, the warranty period for delivered items is 12 months.
(3) As a consumer, you are asked to check the merchandise or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you do not comply, this will of course have no effect on your statutory warranty claims.
§ 12 Final Provisions/Dispute Resolution
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favorability).
(2) The provisions of the UN Sales Convention expressly do not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.
(4) The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
Last Updated: November 27, 2022