Terms of service
AGB
of the company KITCHCOM GmbH, represented by the managing director Joachim Leick, Kaiser-Friedrich-Ring 15 in 66740 Saarlouis, Germany.
KITCHCOM GmbH (hereinafter: "KITCHCOM") is active in business transactions as a commercial seller of kitchens, kitchen parts and built-in appliances and operates an internet platform and shop under the URL http://www.kitchcom.com. This platform can be used by customers ("customer" or "user"). The offer is directed at customers from the Federal Republic of Germany.
No guarantee is given for the constant availability of the Internet presence or for the correctness and completeness of the contents/entries.
The use of this online platform is only permitted under the strict conditions of the German data protection laws - in particular the Telemedia Act (TMG).
Any use or exploitation of or modification to the KITCHCOM website for any purpose other than that for which it is intended is prohibited. In particular, the copying or extraction of contents, offers, directories, databases, etc. for commercial purposes is not permitted and will be prosecuted by the provider in accordance with the applicable law to the fullest extent of the law.
These General Terms and Conditions (GTC) apply to all legal transactions between KITCHCOM and the customer, irrespective of whether the customer is a consumer or an entrepreneur. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. These GTC are accepted by calling up, using or downloading any product, offer or service of KITCHCOM. The GTC can be called up online at any time at www.kitchcom.com and/or saved and printed out.
§ 1 Scope of application
General terms and conditions of customers shall not apply in the direct business relationship with KITCHCOM, even if KITCHCOM does not expressly object to them and/or provides its services without objection. This shall also apply in the event that the customer has prescribed a special form for the objection.
If an objection is excluded, the legal provisions shall take the place of contradictory terms and conditions. An acknowledgement of deviating terms and conditions shall only be made if their application has been confirmed in writing by KITCHCOM.
§ 2 Conclusion of contract
KITCHCOM offers the purchase of kitchens, kitchen parts and built-in appliances from the range of goods provided. The offer is directed exclusively at private customers/at private and business customers. The sale takes place only in quantities customary in trade. All offers of KITCHCOM are subject to confirmation. All price quotations are inclusive of the statutory value added tax, unless separately stated.
The range of goods offered by KITCHCOM may vary, there is no legal claim to permanent availability and delivery of the respective articles. The presentation of the products in the online shop therefore does not represent a legally binding offer, but a non-binding online catalogue.
Consequently, the customer has the possibility to select the desired articles on the KITCHCOM website (shopping basket) and to order them. By sending his online order, the user submits an offer to KITCHCOM to conclude a legally binding contract.
The presentation of the products in the online shop does not constitute a legally binding offer but a non-binding online catalogue. By clicking the button "Buy" / "Order subject to payment" you place a binding order for the goods contained in the shopping basket. The confirmation of receipt of your order together with the acceptance of the order takes place immediately after sending by automated e-mail. With this e-mail confirmation, the purchase contract is concluded.
KITCHCOM is entitled to reject offers from customers/users without giving reasons.
The delivery of the products is carried out without assembly at the request of the user.
All agreements made between us and the customer in connection with an order placed via the online shop are set out in the purchase contract, these GTC, the order confirmation sent by e-mail and in any order confirmation sent by the seller after the customer's order. With his order, the customer accepts the GTC valid at the time of the order by confirming the validity of these GTC by activating a corresponding button before completing the order.
The data of an order can be retrieved permanently in the online shop via a customer account set up by the customer, if applicable; KITCHCOM does not store the data in any other way.
Payment in advance - insured delivery by forwarding agent with telephone advice - delivery to the first lockable door - can only be concluded if a valid telephone number is given, so that an exact delivery time can be given by the forwarding agent before delivery.
All goods shall remain the property of KITCHCOM until full payment of the purchase price and all claims associated with the purchase have been made.The contract language is German.
§ 3 Revocation
Cancellation policy
Right of revocation
You may revoke your contractual declaration within fourteen days without stating any reasons. The beginning of the fourteen-day cancellation period is
a) the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods (scope of application: purchase contract for the delivery of one good or several goods, which are delivered together) or
(b) the day on which you or a third party other than the carrier and indicated by you took or has taken possession of the last goods (scope of application: contract for the supply of several goods ordered in a single transaction but which are or have been supplied separately); or
(c) the day on which you or a third party other than the carrier and indicated by you took possession of the last consignment or the last item (scope of application: contract for the supply of goods in several consignments or items). If there is more than one of the above alternatives, the withdrawal period does not start to run until you or a third party named by you who is not the carrier has taken possession of the last goods or the last partial consignment or piece."
A clear declaration of revocation is to be sent to:
KITCHCOM GmbH, represented by the managing director Joachim Leick.
Kaiser-Friedrich-Ring 15
66740 Saarlouis
Tel.: +49 6831-487893-0
Email: info@kitchcom.com
The declaration of cancellation can be made in a formally effective manner by letter, fax, email, but also (remotely) verbally. The return of the goods, however, is not sufficient to effectively declare the revocation, unless expressly agreed otherwise.
Optionally, we provide you with a separate "model withdrawal form", with the help of which you have another equally effective possibility to make use of your right of withdrawal. If you use the "sample cancellation form", we will confirm receipt of your declaration immediately by email.
The deadline shall be deemed to have been met if you send your declaration of revocation before the expiry of the revocation period.
Sample cancellation form
(If you wish to revoke the contract, please fill out this form and return it).
To
KITCHCOM GmbH
Kaiser-Friedrich-Ring 15
66740 Saarlouis
Fax: +49 6831-487893-0
Email: info@kitchcom.com
Herewith I / we* revoke
the contract concluded by me / us* for the purchase of the following goods:
Ordered on* / Received on*:
Name of consumer(s) :
Address of the consumer(s) :
Signature of the consumer(s)
(only if notice is given on paper) :
Date:
* Delete where inapplicable.
Consequences of cancellation
In the event of an effective revocation, we shall return all payments made to you without delay, at the latest, however, within fourteen days of receipt of your declaration of revocation. This includes the delivery costs incurred by you, but only to the extent of the favourable standard shipping method offered by us. Additional surcharges due to other shipping methods will not be reimbursed. The refund will be made by the means of payment you used for your transaction, unless expressly agreed otherwise. You will not be charged any fees for the refund.
We have the right to refuse repayment until we have received either the goods or proof that they have been returned. The goods must be returned or sent back immediately, at the latest, however, within fourteen days after receipt of your declaration of revocation. Sending the goods before the expiry of the fourteen-day period shall be deemed to meet the deadline.
We shall bear the direct costs of the return shipment for orders within Germany. Abroad, the buyer shall bear the direct costs of returning the goods.
Furthermore, there is an obligation to pay compensation if a loss in value of the goods has occurred due to a deterioration in the condition or functioning of the goods. Any benefits derived shall not be liable for compensation.
Items that can be sent by parcel post are to be returned at our risk.
Items that cannot be sent by parcel post - in particular pallet items - will be collected from you within Germany. The buyer shall bear the direct costs for the return of palletised goods in other European countries. The costs are estimated at a maximum of approximately € 299.00. In this context, the customer is requested to contact KITCHCOM before returning the goods in order to enable a suitable shipment and to avoid deterioration of the goods.
Special notes:
The customer's right of withdrawal expires prematurely if KITCHCOM or its contractual partner has started the execution of the order with the customer's express consent before the end of the withdrawal period or if the customer has initiated this himself.
There is no right of withdrawal for contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
A right of withdrawal for commercial customers (entrepreneurs in the sense of § 14 BGB, who act in the exercise of their commercial or independent professional activity when concluding the contract) is excluded.
- End of the cancellation policy -
§ 4 Delivery and deadlines
The delivery of the goods/articles is carried out by a forwarding agent or parcel service at the respective costs incurred. The shipping costs are as follows (all figures in gross, incl. VAT):
Within Germany there are no shipping costs for pallets and parcels.
The freight costs for the German islands (18565 Fährinsel, 25845 Elisabeth-Sophien-Koog, 25845 Nordstrand, 25845 Nordstrandischmoor, 25845 Suedfall, 25849 Pellworm, 25849 Suederoog, 25859 Hooge, 25863 Langeness, 25869 Groede, 25869 Habel, 25869 Oland, 25938 Alkersum, 25938 Borgsum, 25938 Dunsum, 25938 Midlum, 25938 Nieblum, 25938 Oevenum, 25938 Oldsum, 25938 Suederende, 25938 Utersum, 25938 Witsum, 25938 Wrixsum, 25938 Wyk, 25946 Nebel, 25946 Norddorf, 25946 Wittduen, 25980 Rantum, 25980 Sylt-Ost, 25980 Westerland, 25992 Jugenseeheim Kassel, 25992 List, 25992 Vogelkoje, 25996 Wenningstedt, 25599 Kampen, 26465 Langeroog, 26474 Spiekeroog, 26486 Wangerooge, 26548 Norderney, 26571 Juist, 26571 North Sea island Memmert, 26579 Baltrum, 26757 Borkum, 27498 Helgoland, 27499 Hamburg island Neuwerk, 83209 Herrenchiemsee, 83209 Prien, 83256 Chiemsee, 83256 Frauenchiemsee) deviate from this and must be requested separately.
Freight charges for deliveries abroad deviate from this and will be invoiced by the seller in addition to the stated final prices of the respective goods. The amount of the shipping costs depends on the article offered and on the country of delivery. The specific shipping costs will be clearly communicated to you again in the shopping basket system and on the order page.
Please note that pallet items can only be shipped if a telephone number is provided. The telephone number must be provided in order to arrange a delivery date with you.
Pallet deliveries are always free kerbside!
Agreed delivery periods shall be extended accordingly in the event of unforeseen extraordinary events which KITCHCOM - even if the upstream supplier or manufacturer is responsible for them - could not avert despite reasonable care according to the circumstances of the individual case. These include in particular force majeure, official interventions, operational disruptions, industrial disputes, delays in the delivery of raw and auxiliary materials as well as finished parts.
KITCHCOM shall only be in default of delivery if the delivery time agreed in writing is exceeded by more than four weeks.
If the customer does not accept the goods even after a reasonable period of grace or declares non-acceptance beforehand, KITCHCOM shall nevertheless be entitled to invoice the goods. Furthermore, KITCHCOM shall still be entitled to withdraw from the contract in writing.
In the event of withdrawal, the customer shall be obliged to compensate KITCHCOM for any damage incurred by KITCHCOM as a result. For this purpose, KITCHCOM shall be entitled to retain half of the purchase price payment, however, at least a lump sum for damages amounting to 10% of the order value.
The customer reserves the right to prove a lower damage, KITCHCOM the right to claim a higher damage.
In case of deliveries abroad, the customer shall be obliged to procure in due time any necessary registrations and permits at his own expense and to pay any due customs duties. The customer shall be responsible for any delays and damages caused by non-fulfilment of this obligation.
§ 5 Payment
The purchase price for the products is in principle due plus the delivery costs incurred.
Deviating agreements between KITCHCOM and the customer have to be made in writing.
The customer has the right to choose whether he wants to pay in advance or via Paypal. The corresponding available payment methods can be found within the order process. If you choose payment in advance, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment, taking into account the stated delivery time. If you choose PayPal as your payment method, you will be directed to the payment provider's website where you can make your payment. The goods will be dispatched after confirmation of payment by the payment provider. There are no further taxes or costs. The delivery will take place after receipt of the order, taking into account the stated delivery time.
§ 6 Warranty and liability
KITCHCOM shall in principle be liable exclusively for intent and gross negligence as well as for culpable violation of an essential contractual obligation. The liability is limited to the foreseeable, typically occurring damage. This shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the existence of a characteristic. The same shall apply to KITCHCOM's vicarious agents.
Liability due to culpable injury to life, body or health as well as according to the Product Liability Act shall remain unaffected. Further claims of the customer, in particular claims for damages due to loss of profit or other financial losses, are excluded.
KITCHCOM shall further be liable for obvious defects and transport damages. The customer is obliged to notify KITCHCOM of such defects without delay. If the customer fails to notify KITCHCOM of defects without delay, this shall result in the loss of his claims against KITCHCOM.
KITCHCOM points out that slight deviations in colour and dimensions may occur with regard to the presentation of the articles on the internet and the actual condition. These do not constitute a defect.
In the case of justified complaints, KITCHCOM is entitled to provide supplementary performance in the form of rectification of defects or replacement delivery (delivery of an identical item free of defects). If the rectification of defects/replacement delivery fails twice, the customer shall be entitled to withdraw from the contract or to demand a reduction of the purchase price. Rectification of defects and replacement deliveries shall be effected at KITCHCOM's expense.
The limitation period for legal claims for defects is 2 years and starts with the date of delivery, i.e. receipt of the item by the buyer.
§ 7 Data protection
All personal data shall be treated confidentially in accordance with the provisions on data protection.
§ 8 Final provisions
Should individual provisions of the General Terms and Conditions be wholly or partially invalid or contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. In such a case, the parties are obliged to cooperate in the creation of new provisions by means of which a result that is as close as possible in economic terms to the ineffective or incomplete provision is achieved in a legally effective manner while safeguarding the interests of both parties.
The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and of references to foreign law.
Subsidiary agreements have not been made and must be in writing in order to be effective.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be that of the user of these provisions. KITCHCOM may also bring an action before the competent court at the customer's place of business.
Saarlouis, 16.04.2021