1.1. The following General Terms and Conditions of Sale (hereinafter “TOS”) shall apply for all deliveries of goods and provision of services which take place on the basis of our internet offers on www.kymo.de.
1.2. These TOS shall apply exclusively. Diverging, adverse or additional terms and conditions of the customer (hereinafter “TC”) shall only and insofar become an integral part of the contract as we have explicitly agreed to their validity in writing. This approval requirement shall apply in any case, for example also if we, with the knowledge of the TC of the customer, carry out the delivery to him without reservation.
1.3. Individual agreements reached in an individual case with the customer (including collateral agreements, supplements and amendments) shall in all cases have precedence over these TOS. In the absence of comprehensive evidence to the contrary, a written contract or our written confirmation is decisive for the content of such agreements.
1.4. In these TOS, Working Days are Monday to Friday, provided that they are no public holidays at the place of performance.
2.1. Orders can only be placed via our online-shop www.kymo.de.
2.2. The minimum order value is EUR 500.
2.3. The minimum age of the customer is 18 years.
2.4. The order can only occur in German or English.
3.1. The presentation and advertising of goods in our online-shop does not constitute a binding offer for the conclusion of a purchase contract
3.2. By clicking on the „Kaufen“-button the customer gives a binding offer to purchase the goods contained in the shopping basket and agrees to the application of these TOS. The customer is bound by his order for a period of two weeks starting from the time of placing the order; a possible right of revocation of the customer pursuant to Section 4 remains unaffected.
3.3. We will confirm the receipt of the customer´s order by email without delay. However, this email does not constitute a binding declaration of the acceptance of the customer´s offer, unless the acceptance has been expressly declared in the confirmation of the receipt.
3.4. A binding contract is not formed until we have accepted the customer´s order by way of a declaration of acceptance or by supplying the ordered goods.
3.5. If a delivery of the ordered goods is not possible, for instance because the corresponding goods are not in stock, we will refrain from issuing a declaration of acceptance. In this case, no contract is established. We will inform the customer immediately of this and return any payments made without delay. In case of special promotions we are only obliged to supply until stocks are exhausted.
If you are a consumer within the meaning of § 13 German Civil Code (“BGB”), you have the right to revoke the contract within 14 days without indicating any reason.
The revocation period is 14 days and shall begin from the day on which you or a third party other than the carrier and indicated by you acquires the material possession of the goods.
In case of a contract for several goods which you have been ordered with one common order and which are delivered separately, the revocation period is 14 days and shall begin from the day on which you or a third party other than the carrier and indicated by you acquires the material possession of the last goods.
In the case of a contract for the delivery of goods in partial shipments or several pieces, the revocation period is 14 days and shall begin from the day on which you or a third party other than the carrier and indicated by you acquires the material possession of the last partial shipment or the last piece.
In order to exercise your right of revocation, you must inform us (kymo GmbH, Alter Schlachthof 51, 76131 Karlsruhe, email: firstname.lastname@example.org, Fax: 0123/4567890) about your decision to revoke the contract by means of a clear statement (for example by a letter mailed by post, telefax or email).
The revocation period is met if the communication concerning the exercise of the revocation right is sent before the end of the revocation period.
If you revoke this contract, we are obliged to reimburse any payment received from you including the costs of delivery (with the exception of the additional costs resulting from the fact that you have chosen another delivery than the cheapest standard delivery offered by us) without any undue delay and no later than 14 days from the day on which we have received the communication of revocation.
Unless we have specifically agreed otherwise with you, we will use the same mean of payment for the reimbursement which you have used for the initial transaction; in no event you will be charged with any fees for the reimbursement. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You are obliged to send back the goods without any undue delay and no later than 14 days from the day on which you have informed us about the revocation of contract to the following address:
kymo GmbH, Alter Schlachthof 51, 76131 Karlsruhe.
The time limit is complied with if you have dispatched the goods prior to expiration of the time limit of 14 days. We are obligated to bear the costs for the return shipment of the goods.
You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the quality, characteristics and functioning of the goods.
5.1. The prices shown in the online-shop include the statutory value added tax valid at the time of the order as well as the delivery and shipping costs within Germany.
5.2. For delivery outside Germany, separate delivery and shipping costs incur; these have to be borne by the customer. The amount of the delivery and shipping costs is listed in the freightage table.
5.3. For deliveries to countries outside the European Union additional costs (customs duties, import levies, border clearance costs etc.) may be incurred. These costs are not included in the prices shown in the online-shop and shall be borne by the customer.
6.1. Payment of the goods shall be carried out according to the customer´s choice either by direct debit, advance payment, credit card (Visa, Mastercard or American Express) or cash on delivery. Payment by sending cash or a cheque is not possible; we will not be liable in the event of loss.
6.2. When paying by advance payment, the complete amount stipulated in the invoice has to be transferred to the bank account indicated by us, quoting the appropriate payment reference, within seven days after following the order confirmation. If we do not receive payment by this time, we are entitled to cancel the customer´s order.
6.3. When paying by direct debit or credit card, payment shall be due immediately.
6.4. If the customer is a consumer within the meaning of § 13 German Civil Code (“BGB”), we retain title of the delivered goods until the amount invoiced has been paid in full. If the customer is an entrepreneur within the meaning of § 14 German Civil Code (“BGB”), we retain title of the delivered goods until the complete payment of all claims from the ongoing business relationship with the customer. We are entitled to transfer the aforementioned security rights to third parties.
7.1. The delivery term for goods on stock is two weeks after receipt of payment. In the event that the goods are manufactured according to the customer´s specifications, we will, after acceptance of the order, inform the customer about the expected delivery time via email. Unless otherwise agreed to, the delivery times determined by us are not binding.
7.2. Delivery shall take place to the address indicated by the customer. We will inform the customer about the shipment of the goods via email. The shipment of the goods is carried out by third-party companies. The danger of accidental destruction or accidental deterioration of the ordered goods is transferred to the customer at the time of handing over to the third-party company (§ 447 (1) German Civil Code [“BGB”]) or if the customer is in delay with accepting the goods (§ 300 (2) German Civil Code [“BGB”]).
7.3. We are entitled to make partial supplies and/or to render partial services as long as no recognizable interest of the customer is opposing to it.
7.4. If we are not able to provide the owed performance due to force majeure (particularly natural disasters, war, strike), we are exempt from the obligation to perform for the duration of the impediment. If it is impossible for us to execute the order and/or delivery of the goods for more than one month due to force majeure, the customer is entitled to withdraw from the agreement. The customer is not entitled to assert any claims against us based on this measure.
8.1. If the customer does not accept the ordered goods without being entitled to do so, we may, even without proof of a loss, demand that the customer pays a lump-sum compensation. The lump-sum compensation amounts to:
The proof of higher damages and our statutory claims (in particular reimbursement of additional expenses, reasonable compensation, termination) remain unaffected; the lump-sum compensation is however to be offset against further monetary claims. The customer shall be allowed to produce evidence that we have not suffered any injuries at all, or that these are significantly lower than the above lump-sum compensation.
8.2. Section 8.1 shall also apply if
9.1. If the customer is an entrepreneur in terms of § 14 German Civil Code („BGB“), the customer shall, upon delivery at the agreed destination, immediately
9.2. In case of a notice of defect the customer shall comply with the following procedures and deadlines:
9.3. No objections with regard to quantities, weight or packaging of the goods shall be possible unless a note has been placed on the delivery note or a consignment note or a receipt of acknowledgement in accordance with Section 9.1 lit. a) above.
9.4. Goods which are the subject of complaint may not be installed or processed. Any installation or other forms of processing of our products shall constitute an approval of the delivery as a performance in accordance with the contract and shall exclude all warranty claims.
9.5. Any good for which objections shall not have been raised in accordance with the procedures and deadlines set out above shall be regarded as approved and accepted.
10.1. We are liable for defects under the relevant statutory provisions, in particular §§ 434 ff. German Civil Code (“BGB”).
10.2. If the customer is an entrepreneur in terms of § 14 German Civil Code (“BGB”), the warranty period is twelve months from the date the goods are delivered. The shortened warranty period will not apply where we have has willfully concealed a defect or accepted a guarantee for a feature of the goods nor to damage compensation claims by the customer toward compensation of injury to body or health due to a defect for which we are responsible or based on willful or gross negligent conduct by us or our vicarious agents.
10.3. As far as we have granted a guarantee in terms of § 443 German Civil Code (“BGB”), the details are to be taken from the terms of the guarantee which are enclosed with the respective goods delivered. The guarantee claims are valuable and effective irrespective of the customer´s respective statutory claims/rights.
11.1. We shall be liable in accordance with statutory provisions,
11.2. In cases of minor negligence we are only liable for damage resulting from the breach of an essential contractual obligation (an obligation whose proper fulfilment makes fulfilment of the agreement possible at all and on whose observance the contractual partner regularly relies and may rely); in this case, our liability is restricted to foreseeable and typically occurring damage.
11.3. If our liability is excluded or limited, this shall also apply for the personal liability of our employees, coworkers, representatives or vicarious agents.
12.1. The customer may only set off claims which are undisputed or have been judicially decided and are final and legally binding.
12.2. The customer may not counter our payment claims with rights to retention of goods - including from notification of defects - unless they originate from the same contractual relationship.
We act in accordance with the statutory regulations in all procedures pertaining to data processing (e.g. establishment, processing and transmission). Personal data of the customer and data required for the business transaction are stored by us and transferred to the commissioned service providers for the processing of the order at the necessary extent.
Please find below a link to the online-platform of the EU Commission with regards to the extra-judicial online dispute resolution system: https://ec.europa.eu/consumers/odr/
According to § 36 of the German Act on Consumer Dispute Resolution (“VSBG”), we point out that we are neither obliged nor willing to participate in a dispute resolution scheme before a consumer arbitration board.
15.1. German law shall apply to these TOS and for the concluding and handling of all contracts under the exclusion of all international and supranational (contractual) legal regulations, in particular the UN Convention on the International Sale of Goods (“CISG”).
15.2. If the customer is a merchant, a legal entity under public law, or public-law special funds, the sole legal venue for all disputes arising directly or indirectly from the contractual relationship shall be Karlsruhe. The same applies if the customer does not have any general place of jurisdiction in Germany, if the customer has changes his domicile to abroad after conclusion of the contract or if the customers´ domicile or customary place of residence is not known at the time when the action is filed.
15.3. The contractual language is German.
The invalidity of any provision of these TOS shall not affect the validity of the other provisions. The invalid regulation shall be replaced by the relevant statutory regulation.