Terms and Conditions

§ 1 Scope of application

The following General Terms and Conditions apply for all orders via the web page www.shop.kymo.com. The General Terms and Conditions valid at the time of the order apply. We do not recognise differing conditions of the purchaser unless we have explicitly agreed to their validity in writing..

§ 2 Formation of the Agreement by way of electronic commercial transaction

(1) By sending the order you are presenting us with a binding offer for the conclusion of a purchase agreement pertaining to the ordered goods. The agreement is formed by the fact that we dispatch an order confirmation within two weeks from receipt of your offer, whereby we accept the offer. The order can only occur in German or English.

(2) We are not obligated to deliver if the goods are not available. We shall inform you regarding the non-availability of the goods without undue delay and reimburse any payments made by you without undue delay. In case of special promotions we are only obligated to deliver while stocks last. We are principally entitled to partial deliveries.

(3) We only accept orders if you have reached the end of your 18th year.

(4) We are not able to accept orders by fax, letter or email due to organisational reasons.

§ 3 Minimum order value

The minimum order value is €500.00.

§ 4 Prices

(1) The prices stipulated on the web page www. shop.kymo.com include the statutory VAT applicable at the time of the order (currently 19%) as well as delivery and dispatch costs within Germany.

(2) Special delivery and dispatch costs are charged for dispatch to other European countries. The amounts of delivery and dispatch costs are stipulated in the freight charges table.

(3) Deliveries outside of the European Union may incur customs levies; these are not contained in the stipulated prices.

§ 5 Payment

(1) Payment of the goods is at your discretion via direct debit, pre-payment, credit card or cash on delivery. Payment by sending cash or checks is not possible. Liability in case of loss is excluded.

(2) We only offer payment via direct debit for purchasers residing within the Federal Republic of Germany. We only permit direct debit up to a maximum amount of €750.00. The debit occurs upon the dispatch of the goods.

(3) In case of payment by way of pre-payment the full invoice amount under statement of designated usage has to be transferred to the account stipulated by us within 7 days following the confirmation of order. If we are not able to record the receipt of payment at this point in time, we are authorised to cancel your order.

(4) In case of payment via credit card the debit occurs upon the dispatch of the goods. We accept Visa, MasterCard and PayPal.

§ 6 Terms of delivery

(1) Following receipt of payment, the delivery time is up to two weeks for in-stock goods. Following the acceptance of the order, we shall inform you of the anticipated delivery date for goods which have to be manufactured according to the purchaser's specifications. The delivery time specified by us is non-binding.

(2) Deliver occurs to the delivery address stipulated by you. We shall inform you via email regarding the dispatch of the goods. The dispatch occurs via third-party carriers. The risk of accidental destruction of the ordered goods is transferred to you as soon as the goods have been handed over to the third-party carrier (§ 447 (1) BGB (German Civil Code)) or if you are in default with the acceptance of the goods (§ 300 (2) BGB (German Civil Code)).

§ 7 Warranty / guarantee

(1) At your discretion, the statutory claims of subsequent fulfilment, remedy of defect / replacement delivery as well as - in case of the existence of the statutory prerequisites - the further claims for reduction or withdrawal as well as compensation, including compensation of the damage instead of fulfilment as well as replacement of your futile expenditures apply for any defects of the goods occurring during the statutory warranty period.

(2) If we grant a seller's guarantee, the details are stipulated in the guarantee conditions, which are attached to the supplied goods. Guarantee claims exist regardless of the statutory claims / rights.

§ 8 Reservation of title

The supplied goods remain our property up to the complete payment of the purchase price.

§ 9 Off-setting, retention

You are only entitled to the off-set if your counter claims were legally determined or are uncontested by us. You are furthermore only entitled to a right of retention in as far as your counter claim is based on the same contractual relationship.

§ 10 Force majeure

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, you are entitled to withdraw from the agreement. You are not entitled to assert any claims against us based on this measure.

§ 11 Final conditions

(1) Place of fulfilment and place of jurisdiction in commercial transactions with companies and legal person under public law as well as purchasers without a general place of jurisdiction in Germany is Karlsruhe, Germany.

(2) The laws of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and private international law apply. The contractual language is German.