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Terms of Service

Table of Contents

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Jurisdiction
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Kaemp 8848 GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own conditions is hereby rejected unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly regulated.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of 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 for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to enter into a contract concerning the goods in the shopping cart by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller via email.

2.3 The Seller may accept the Customer’s offer within five days by:

  • sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or

  • delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or

  • requesting payment from the Customer after the order has been placed.
    If several of the aforementioned alternatives apply, the contract shall be concluded at the time when the first of the aforementioned alternatives occurs. The deadline for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a PayPal payment method offered in the online ordering process, the Seller declares acceptance of the Customer's offer at the moment the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer’s order has been submitted. No further access to the contract text will be provided by the Seller. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the relevant login data.

2.6 Before the binding submission of the order via the Seller’s online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is indicated in the Seller’s online shop.

2.8 Order processing and contact usually take place by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.3 When selecting a payment method offered via the "PayPal" payment service, payment is processed via PayPal, which may use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller makes advance payments to the Customer (e.g., purchase on account or installment payments), the Seller assigns its payment claim to PayPal or to the payment service provider designated by PayPal and named specifically to the Customer. Before accepting the Seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method to the Customer in case of a negative result of the credit check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the event of the assignment of the claim, the Seller remains responsible for general Customer inquiries, e.g., regarding the goods, delivery time, shipment, returns, complaints, declarations, and returns of withdrawal, or credit notes.

4.4 When selecting a payment method offered via the "Shopify Payments" payment service, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use other payment services for processing payments, which may be subject to special payment conditions, to which the Customer may be informed separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive.

5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. With regard to the return costs, the regulation made in the Seller’s cancellation policy applies if the right of withdrawal is effectively exercised by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer or a person entitled to receive the goods upon delivery. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a concrete hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

  • via email

6) Retention of Title

If the Seller makes an advance delivery, they retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided for in the following regulations, the statutory provisions on liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller has the right to choose the type of subsequent performance;

  • the limitation period for defect claims for new goods is one year from delivery of the goods;

  • rights for defects in used goods are excluded;

  • the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The aforementioned limitations of liability and shortening of periods do not apply

  • to claims for damages and reimbursement of expenses by the Customer,

  • in the event that the Seller has fraudulently concealed the defect,

  • for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,

  • for any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the Customer is subject to the commercial inspection and notification obligations pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to report goods delivered with obvious transport damage to the deliverer and to inform the Seller accordingly. If the Customer does not comply with this, it has no effect on their statutory or contractual defect claims.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason

  • in the event of intent or gross negligence,

  • in the event of intentional or negligent injury to life, body, or health,

  • on the basis of a guarantee promise, unless otherwise regulated,

  • on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable, contract-typical damage, unless unlimited liability applies according to the above paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the contractual purpose, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the Customer may regularly rely.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for their vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller’s online shop and only within the specified period.

9.2 Promotional Vouchers can only be redeemed by consumers.

9.3 Certain products may be excluded from the voucher promotion, provided such a restriction results from the content of the Promotional Voucher.

9.4 Promotional Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.5 Multiple Promotional Vouchers can also be redeemed in one order.

9.6 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

9.7 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.

9.8 The balance of a Promotional Voucher is neither paid out in cash nor does it bear interest.

9.9 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.

9.10 The Promotional Voucher is intended for use by the person named on it only. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.

10.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to the Customer until the expiration date.

10.3 Gift Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

10.4 Multiple Gift Vouchers can also be redeemed in one order.

10.5 Gift Vouchers can only be used to purchase goods and not to purchase additional Gift Vouchers.

10.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.

10.7 The balance of a Gift Voucher is neither paid out in cash nor does it bear interest.

10.8 The Gift Voucher is transferable. The Seller may perform with discharging effect to the respective holder redeeming the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, incapacity, or lack of authorization of the respective holder.

11) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12) Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with its seat within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business. If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller is also entitled in any case to appeal to the court at the Customer’s place of business.

13) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.