Terms & Conditions

Here you will find important information about shopping at Kess Berlin GmbH:

1 Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all contracts for the purchase of goods (also: "products") that you (also: "customer") conclude with us, Kess Lifestyle GmbH, Rosenthaler Str. 40-41, 10178 Berlin, (also: "seller" or "we") via our online shop - accessible at the URL https://www.kessberlin.com/ - (also: "website").

1.2 Terms and conditions pre-formulated or otherwise provided by you which deviate from these GTC shall not become part of the contract, even if we are aware of them, unless we expressly agree to their validity, at least in text form (e.g. by e-mail). We do not save the text of the contract after it has been concluded.

1.3 If working days are specified as deadlines in these GTC and/or the ordering process, this shall be understood to mean all weekdays with the exception of Saturdays, Sundays and public holidays.

1.4 The contract language is German. Translations into other languages are for the sole purpose of comprehensibility and are not legally binding.

 

2  Conclusion of the Contract
2.1 The presentation of products in the online shop does not constitute a legally binding offer. Rather, it is an online catalogue that is not legally binding. Our information on products and prices within each order process is subject to change and is not legally binding.

2.2 You can initially place the products in the shopping basket without obligation. After clicking the "Checkout" button, you can enter your delivery and billing details and select the desired payment method. You may correct your entries before submitting your binding order by using the correction aids provided for this purpose in the order process. By clicking on the "Pay now" button, you place a binding order for the products in the shopping basket. Confirmation of receipt of the order will be sent immediately after the order has been sent and does not yet constitute acceptance of the contract. The order confirmation email will contain the essential details of the order. Your order will be accepted upon receipt of an order confirmation via email or upon delivery of the goods within two days.

3 Services of the Seller
3.1 The products described in more detail on the website, in particular the product detail pages, are available for purchase in accordance with the provisions of these GTC.

3.2 Upon request, we will arrange for the products to be dispatched to an address of your choosing.

3.3 Please note that the descriptions of the goods in the online shop are not intended to be guarantees of the quality of the goods. Any guarantees must be expressly designated as such and can be found in the product documentation in the online shop.

3.4 Please note that if a minimum order value is specified in the online shop, we reserve the right to decline orders below this value.

4 Obligations of the Customer
4.1 As a customer, you are obliged to provide complete and accurate information when placing your order in accordance with section 2.2 of these GTC.

4.2 In the event of a delivery failure due to an error on your part, we will request that you provide a correct delivery address. We will make a maximum of two further delivery attempts. Should you fail to provide a corrected delivery address, we will make a further delivery attempt to the original delivery address. Should these further delivery attempts also fail, despite our request for a correct delivery address, we reserve the right to terminate the contract. Any payments made will be refunded. Any further claims, in particular those related to additional delivery costs, shall be subject to the relevant statutory provisions.

5 Prices and Payment Methods
5.1 Upon conclusion of the contract, you agree to pay the agreed purchase price for the products purchased, plus any agreed shipping costs.

5.2 Offers and promotions such as price reductions or discounts (e.g. on shipping costs) are only valid for the specified period.

5.3 Unless otherwise stated, all prices are gross prices including statutory VAT, plus any agreed delivery and shipping costs. The purchase price will be clearly communicated to you during the ordering process.

5.4 Payment can be made at your discretion via PayPal, instant bank transfer, invoice or credit card. Please note that no discounts will be applied. We reserve the right to offer you only certain payment methods for the requested delivery. This is to hedge our credit risk and ensure that only those with the appropriate credit rating are able to pay. We reserve the right to remove or add individual payment methods at our discretion.

5.4.1 Payment by credit card:
You will be required to enter your credit card details during the order process. Once the order has been authorised, your credit card account will be debited with the actual invoice amount. Please note that any discounts, gift vouchers, etc. will be deducted from this amount.

5.4.2 Payment via PayPal:
Payment is made directly via your PayPal account. Once you have submitted your order, you will be redirected to PayPal, where you will be required to authorise the order value. Once your order has been authorised, your PayPal account will be debited with the actual invoice amount, minus any discounts or gift vouchers.

5.4.3 Payments with Klarna:
In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options.
Please note that each payment is made to Klarna.

Invoice: The payment period is 14 days from the dispatch of the goods. Please refer to the invoice terms for further information.
Immediately. Your account will be debited immediately upon placing the order.
Please be advised that a direct debit will be applied to your account. Your account will be debited upon dispatch of the goods. You will be informed of the date by email.
Please note that the use of the payment methods invoice, instalment purchase and direct debit requires a positive credit check. Further information and Klarna's terms of use can be found here. Further information about Klarna can be found here. Klarna will process your personal data in accordance with the applicable data protection regulations and in accordance with the information set out in Klarna's privacy policy.

Your order will be accepted upon receipt of a declaration of acceptance via email or the dispatch of the goods within two business days.

5.5 In the event that third-party providers have been engaged for the processing of payments, such as Klarna, PayPal or Shopify Payments, their standard terms and conditions may also apply.

5.6 Unless otherwise stated for the individual payment methods, payment for the concluded contract is due immediately.

5.7 In the event of a return debit note, you are obliged to reimburse us for the costs actually incurred by the return debit note.

6 Delivery and dispatch conditions
6.1 The products will be delivered by the specified delivery address.

6.2 You will be informed about delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) for the individual products on a separate information page, "Shipping costs & delivery times", or as part of the respective product description.

6.3 You are responsible for the shipping costs. The total cost of shipping will be clearly displayed to you before the contract is concluded.

6.4 We reserve the right to make partial deliveries, provided that this is reasonable for you, the customer. In the event of a partial delivery, the customer shall only be liable for the shipping costs incurred for the first of the partial deliveries.

6.5 Any customs duties or local taxes must be borne by the customer.

7 Retention of title
7.1 The goods delivered to you shall remain our property until payment has been made in full.

7.2 In the event of a breach of contract, in particular a failure to make payment, we reserve the right to request the return of the goods, subject to retention of title, provided that we have terminated the contract.

8. Warranty
8.1 In the event of a defect in the purchased item occurring during the statutory warranty period, the customer may choose to pursue the following statutory claims: subsequent fulfilment, rectification of defects/new delivery, and, if the statutory requirements are met, further claims for reduction or withdrawal, as well as compensation for damages, including compensation for damages instead of fulfilment and compensation for futile expenses.

9 Our liability, exclusion and limitation of liability
In accordance with these GTC, we shall be liable as follows:

9.1 We shall be liable for material defects or defects of title of the delivered goods in accordance with the statutory provisions, in particular in accordance with §§ 434 et seq. In accordance with the German Civil Code (BGB). Please be aware that the limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

9.2 We shall be liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body or health.

9.3 In the event of slight negligence, we shall be liable for breach of a material contractual obligation. A material contractual obligation is defined as an obligation that is essential for the performance of the contract and on whose fulfilment you, as the contractual partner, may therefore regularly rely.

9.4 In accordance with the previous clause 10.2, liability is limited to the typical and foreseeable damage at the time of contract conclusion.

9.5 The aforementioned limitations of liability shall apply in favour of our employees, agents and vicarious agents.

9.6 Any further liability on our part is hereby excluded. However, any liability on our part for guarantees given and for claims based on the Product Liability Act or in the event of data protection violations shall remain unaffected.

10 Copyright and image rights
10.1 All copyrights and image rights displayed on the website are owned by us or we are authorised to use them. Unauthorised use is not permitted.

11 Statutory right of cancellation
If you are a consumer within the meaning of Section 13 of the German Civil Code, i.e. a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity, you are entitled to a statutory right of cancellation in accordance with the following provisions:

11.1 Cancellation Policy

Cancellation policy Right of withdrawal You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of cancellation, you must contact us at Kess Lifestyle GmbH Rosenthaler Street 40-41 10178 Berlin Tel: 030-767580 400 E-mail: support@kessberlin.de of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired. Consequences of Cancellation In the event of a contract cancellation, we will reimburse all payments received from you, including delivery costs (with the exception of supplementary costs resulting from a choice of delivery type other than the least expensive standard option offered by us), without undue delay and in any case within 14 days of receiving notification of your decision to cancel the contract. We will use the same payment method as originally used for the transaction unless you have agreed otherwise. There will be no additional charges for this repayment. Please be aware that we may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. Please return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline will be met if the goods are sent before the period of fourteen days has expired. Should you choose to return the goods, we will cover the cost of returning them with the return labels provided by us. In all other cases, the customer is responsible for the direct costs of returning the goods. Please note that you will only be liable for any loss in value of the goods. Please note that only a loss in value of the goods will be payable if this is due to handling that is not necessary for checking their condition, properties and functionality.

 

11.2 Sample cancellation form
If you wish to cancel the contract, you can fill out this form and send it back to us:

Cancellation Form Template - To : Kess Lifestyle GmbH, Rosenthaler Straße 40-41, 10178 Berlin, support@kessberlin.de - I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods - Received on (*) - Name of the consumer(s) - Address of the consumer(s) - Signature of the consumer(s) (only in case of notification on paper) - Date (*) Delete as appropriate.

 

12 Alternative dispute resolution
12.1 The EU Commission offers the option of online dispute resolution via an online platform operated by it. The platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. Please be aware that we are not obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. Electronic Communication
13.1 You agree that contract-related communication may take place in electronic form.

14. Final Provisions, Choice of Law, Place of Jurisdiction
14.1 The laws of Germany shall apply, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

14.2 If you do not have a general place of jurisdiction in Germany or another EU member state, or if you are a merchant or a legal entity under public law, or if you have moved your permanent place of residence abroad after these GTC have come into effect, or if your place of residence or habitual abode is not known at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from this contract shall be Berlin.

14.3 In the event that any individual provisions are wholly or partially invalid or unenforceable, or subsequently lose their legal validity or enforceability, this shall not affect the validity of the remaining provisions. In the event that any of the provisions are found to be invalid or unenforceable, they shall be replaced by the relevant statutory provisions.

This document was last updated on the 7th of August 2024.