§ 1 Applicability, Contract Language
1. The following general Terms and Conditions (GTC) apply to all contracts concluded between you and us, the company
Kao Germany GmbH
via this online shop.
2. The languages available for the conclusion of the contract shall be German and English. Translations of these GTC to other languages are for information only. In the event of contradictions between the local language text and the English text, the English text shall prevail.
§ 2 Applicable Law, Mandatory Consumer Protection Regulations
The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory law, such as mandatory consumer protection law, remains unaffected.
§ 3 Conclusion of contract
1. The presentation of the products in our online shop does not constitute a legally binding offer, but merely givesan opportunity to place orders.
2. After selecting the goods and providing the required information about you, you can by clicking „Buy now“ in the last step of the order process make a binding offer for purchase of the goods displayed in the order overview. Immediately after submitting the order, you will receive an order confirmation via email from us, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us once we confirm via e-mail the dispatch of the goods. Please regularly check the spam folder of your mailbox.
§ 4 Technical steps up to the conclusion of the contract and correction of input errors
To place an order, start by adding the desired goods to the shopping cart. There you can always change the desired quantity or delete goods completely. Once you have placed goods in the basket, you can select samples and free gift boxes after clicking on the button "Checkout". You will then be taken to shipping, where you can enter your information, especially the billing and shipping address. Next, you can enter the information about your payment method. Your entries (e.g. for the selected goods, for the billing and delivery address and for the means of payment) will then be displayed to you in an overview so that you can check and correct them again before you place the order by clicking on "Buy now". To cancel the order process, you can simply close your browser window. By clicking the confirmation button "Buy now" your declaration to submit a purchase offer within the meaning of section 3 (2) of these terms and conditions becomes binding.
§ 5 Storage of the contract text
As the contract text, we will send you the details of the ordered goods including these General Terms and Conditions and the cancellation policy by e-mail with the shipping confirmation. We do not store the contractual text for you.
§ 6 Opening a customer account; Processing of your personal data
§ 7 Payment Terms
1. Payment can be made in principle by Shopify Payments, and Paypal. For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods. Any costs of a money transaction are to be borne by you.
(2) Payments with Paypal: The customer's account will be debited after the invoice is due
(3) Payments with Shopify Payments: The customer's account will be cleared after the invoice is due
§ 8 Delivery Conditions
We deliver the goods exclusively to addresses in Germany. Arising shipping costs are each listed in the checkout process as well as under this link in the footer and are billed separately.
§ 9 Right of Withdrawal
1. As a consumer, you have in accordance with the rules described in the attachment below a right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
2. Please note, that in accordance with applicable law we do not offer a right of withdrawal for contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if such goods were unsealed after delivery.
3. Please use the original packing material in the event of sending back the goods, if the original packing material is still at hand. This does not limit your statutory right of withdrawal.
4. If you return the goods to us in connection with the exercise of your right of withdrawal, you must bear the direct costs of returning the goods.
§ 10 Warranty in case of purchasing goods
1. If the delivered goods purchased in our online shop are defective, you are entitled, within the scope of legal provisions, to request rectification, to withdraw from the contract or to reduce the purchase price and/or to claim damages.
2. The limitation period of warranty claims for the delivered goods is two years of handover of the goods. Any claims due to defects maliciously concealed by us will expire after the normal limitation period.
§ 11 Limitation of Liability
Liability is governed by the statutory provisions.
§ 12 Online and Alternative Dispute Resolution; severability clause
1. The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/. We are legally obliged to provide this information; however, we do not participate in this type of dispute resolution
2. Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.
INFORMATION ON THE RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us
Kao Germany GmbH,
Pfungstädter Straße 98-100, 64297 Darmstadt,
Tel.: +49 (0) 6151 3960-0,
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than within fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earlier.
You must sent back, hand over or return the goods immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract to our logistics company
DACHSER Biebesheim GmbH
KAO - Oribe
64584 Biebesheim on the Rhine
The deadline will be met if you submit the send back of the goods before the period of fourteen days has expired.
You will have to bear the direct costs of returning the goods in the amount of up to 10 EUR. You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the examination of the condition, quality and functioning of the goods.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
Kao Germany GmbH
Pfungstädter Strasse 98-100
•I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)______________________________________
- Ordered on: (*)______________________________
- Received on(*): ________________________________
- Name of consumer(s): _________________________________
- Address of consumer(s): _________________________________
- Signature of consumer(s) (only if this form is notified on paper): _________________________________
(*) complete as appropriate