GENERAL TERMS AND CONDITIONS
§ 1 SCOPE OF APPLICATION
(1) These General Terms and Conditions (hereinafter referred to as „GTC“) of KINGS & QUEENS GmbH (hereinafter referred to as „Seller“) apply to all legal transactions and contracts that a consumer or entrepreneur (hereinafter referred to as „Customer“) concludes with the Seller.
(2) Subject to individual agreements and arrangements that take precedence over these GTC, the following GTC shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the customer’s own terms and conditions is contradicted.
(3) A consumer in the sense of these GTC 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 within the meaning of these GTC is any 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.
(4) The goods offered in the online store of KINGS & QUEENS are exclusively intended for customers who have reached the age of 18.
§ 2 CONCLUSION OF CONTRACT
(1) The contract is concluded between the customer and KINGS § QUEENS GmbH, located in Germany, Claudius-Dornier-Str. 5b, 50829 Cologne, Germany, VAT-ID:______________, registered by the local court of Cologne under the commercial register number HRB 89905.
(2) The product descriptions of the seller contained in this online store do not represent binding offers on the part of the seller, but serve for the submission of an order by the customer.
(3) Items shown on the website can be customized by the customer by selecting, among other things, material, color, size („personalization“).
(4) Orders can be placed by the Customer only by e-mail. For this purpose, the Customer first sends the Seller an inquiry by e-mail or via the contact form on the Website with his order request. The seller then sends the buyer a time-limited offer of sale in the same way. With the offer, the seller sends the customer the text of the contract (consisting of the order data and the terms and conditions including the cancellation policy).
(5) The Customer may accept the Seller’s offer within two days by sending the Seller a confirmation by e-mail (declaration of acceptance), whereby the receipt of the declaration of acceptance by the Seller is decisive in this respect. By sending the confirmation email, the contract with KINGS & QUEENS comes into effect. If the customer does not accept the offer of the seller within the aforementioned period, this is considered a rejection of the offer with the consequence that the seller is no longer bound to his declaration of intent. The period for acceptance of the offer begins on the day following the dispatch of the offer by the Seller and ends with the expiry of the second day following the dispatch of the offer. The customer will receive a contract confirmation by e-mail within 48 hours after receipt of his order.
(6) When the Customer places an order by e-mail, the transmitted order data and the text of the contract shall be stored by the Seller and sent to the Customer in text form after the Customer has sent his order together with these General Terms and Conditions. The invoice will also be sent by e-mail. The customer agrees to an electronically transmitted invoice with the submission of the order. The latest version of the General Terms and Conditions is continuously available on the Seller’s website and can be accessed by the Customer.
(8) Contact and order processing shall take place by e-mail. When ordering by e-mail, the customer must therefore provide his e-mail address in addition to his postal address. Furthermore, the customer must ensure that the e-mail address provided for purchase processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
(9) Only the German language is available for the conclusion of the contract.
(10) Minors cannot become contractual partners themselves. They shall make declarations as representatives of the telecommunications connection owner.
§ 3 SUBJECT MATTER OF THE CONTRACT, QUALITY
(1) The subject matter of sales contracts between KINGS & QUEENS and a customer are the goods specified by the customer in the order and individually manufactured according to the customer’s wishes and specifications.
(2) The item representations selected on the Internet site serve to distinguish the seller’s goods (e.g. description, illustration, quality, quantity, weight, measurement or performance specifications). Images on the Internet site may only inaccurately represent the products; in particular, colors may vary significantly for technical reasons. Pictures serve only as illustrative material and may differ from the product. Technical data, weight, dimension and performance descriptions are given as precisely as possible, but may show the usual deviations. The seller reserves the right to make changes and deviations with regard to form, construction and coloration, provided that this does not result in a deterioration of quality, performance or function. The characteristics described herein do not constitute defects of the products delivered by the seller.
(3) KINGS & QUEENS uses natural products (e.g. leather) for the production of the goods or parts thereof. Color, structure and other differences/deviations are part of the natural characteristics of natural products. Likewise, in the case of natural materials, coloration may be possible in individual cases. These deviations, differences and irregularities in natural products do not constitute a defect and do not justify a claim under warranty, provided they are customary in the trade or are in the nature of the materials.
(4) Quality specifications are non-binding. Contractual guarantees of quality and durability are only stated in the offer email.
(5) The function, intended use of the goods and services and their availability shall be communicated in the order confirmation. If no copies of the product selected by the Customer are available at the time of the Customer’s order, the Seller shall inform the Customer of this in the order confirmation. If the product is permanently not available, the seller refrains from a declaration of acceptance. In this case, a contract is not concluded.
(6) If the product designated by the Customer in the order is only temporarily unavailable, the Seller shall also inform the Customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
§ 4 PRICES, TERMS OF PAYMENT
(1) The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs.
(2) The shipping costs are calculated according to the shipping method depending on the size, weight and number of packages. From an order value of € 500,00 KINGS & QUEENS delivers the goods within the Federal Republic of Germany free of charge.
(3) The costs of shipping abroad, as well as costs of transport insurance are not included. These costs will be charged separately upon request of the customer.
(4) The prices may be adjusted by us if changes are subsequently requested by the customer with regard to type and scope and these have been expressly accepted by us.
(5) The following payment options are available to the Customer: Invoice by prepayment/bank transfer,
(6) If the payment method prepayment/bank transfer is selected, the Seller shall provide the Customer with its current bank details in the order confirmation. The invoice amount is to be transferred to the named account of the seller within 10 days after receipt of the goods.
(7) In case of payment by credit card, the purchase price will be reset on the Customer’s credit card at the time of the order („Authorization“). The actual charge to the credit card will be made at the time the goods are shipped to the Customer.
(8) In case of payment by means of a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), subject to the PayPal terms and conditions of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
(9) Receivables of KINGS & QUEENS GmbH are payable and due immediately after receipt of the acceptance email and retrievability of the online invoice. The customer is in default with his payment obligations at the latest 30 days after the due date and invoicing, unless otherwise specified in the individual case.
(10) The receipt of payment on our bank account is decisive for the timeliness of payment. In the event of a delay in payment, the Seller shall be entitled to charge interest on arrears at a rate of 5 percentage points for consumers and 9 percentage points for entrepreneurs above the respective base interest rate of the ECB in accordance with the Discount Transition Act. A reminder fee of 2.50 EUR will be charged for each reminder sent to the customer after the occurrence of the default, unless a lower or higher damage is proven in the individual case.
(11) KINGS & QUEENS is entitled to offset all claims that we have against the customer against all claims that the customer has against us – regardless of the legal reason.
(12) Refunds of the purchase price will be made, as far as possible, by the same payment method as the payment was made by the customer to the seller. This does not apply to payment by cash on delivery. In this case, the refund will be made by bank transfer to the customer’s bank account.
§ 5 DELIVERY, SHIPPING, TRANSFER OF RISK
(1) The delivery of goods is carried out by shipping to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing shall be decisive in the processing of the transaction. Excluded from this is the selected payment method PayPal. In this case, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
(2) Delivery to the shipping company takes place no later than two days after receipt of money, in the case of payment by cash on delivery no later than two days after the order confirmation. The delivery time is up to 14 working days. The Seller shall indicate any deviating delivery times on the respective product page or in the order confirmation.
(3) If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if the customer is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had given the customer a reasonable period of notice.
(4) If the Customer is in default of acceptance or culpably violates other obligations to cooperate, the Seller shall be entitled to demand compensation for the damage incurred as a result, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the delivery item shall also pass to the customer at the point in time at which the customer is in default of acceptance. In addition, the Seller shall be entitled to withdraw from the contract and/or claim damages after setting a grace period of 7 days.
(5) The Seller reserves the right to determine the mode of shipment, the shipping route and the company entrusted with the shipment at its discretion, unless an individual agreement is made with the Customer.
§ 6 RESERVATION OF OWNERSHIP
(1) The delivered goods remain the property of the seller until full payment.
(2) If the customer acts as an entrepreneur, the following shall apply in addition:
removeDelivered goods remain the property of the seller until full payment of the claims existing from the current business relationship.
removeThe customer may resell the goods in the ordinary course of business. In this case, the customer assigns all claims in the amount of the invoice (including VAT) to the seller in advance. However, the customer is authorized to collect the claim. As far as the customer does not meet his payment obligations, the seller reserves the right to collect claims himself. However, the seller will not collect the receivables as long as the customer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
In the event that the delivered parts are incorporated into a larger overall system, the retention of title to the overall system shall continue with the value of the delivered parts. The processing or transformation of the reserved goods by the customer shall always be carried out for the seller.
(1) Consumers whose contractual declaration is directed to a contract for the delivery of goods shall have a right of revocation in accordance with the following provisions.
(2) Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation 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 or, in the case of a contract for several goods which you have ordered as part of a single order and which were delivered separately, on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (KINGS & QUEENS GmbH, Claudius-Dornier-Str. 5b, 50829 Cologne, Tel: +49 (0) 221 – 569 333 25, Fax +49 (0) 221 569 333 35, E-Mail: firstname.lastname@example.org) by means of a clear declaration ( e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(3) Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
(4) Sample cancellation form
If you wish to revoke the contract, please fill out and return this form.
Kings & Queens GmbH
D – 50829 Cologne
Fon: +49 (0) 221 – 569 333 25
Herewith I/we (*) revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*)/received on (*)
Name of the consumer(s):
Address of consumer(s):
Signature of consumer(s)
(only in case of notification on paper)
(*) Delete where not applicable.
– End of cancellation policy –
(4) Exclusion of the right of withdrawal
The right of withdrawal does not apply to the delivery of goods that 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 (e.g. custom-made products, individually printed goods).
(5) Please avoid damage and contamination of the goods. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging.
(6) Please note that the aforementioned paragraph 5 is not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 TRANSPORT DAMAGE
(1) If goods are delivered with obvious transport damage, the customer is asked to immediately complain about these defects to the delivery person and to contact the seller as soon as possible.
(2) Failure to make a complaint or to contact the Seller shall have no consequences for the Customer’s statutory warranty rights, but shall help the Seller to be able to assert its own claims against the carrier or the transport insurance.
§ 9 WARRANTY, STATUTE OF LIMITATIONS
(1) The warranty rights shall be governed by the statutory provisions of the law on sales ( §§ 433 et seq. BGB), unless otherwise expressly agreed below.
(2) The customer may demand, at its option, the removal of the defect or the delivery of a defect-free item as subsequent performance. The delivery of a defect-free item requires the prior return of the defective goods.
(3) The Seller shall not assume any warranty for defects and damage caused by the Customer on its own responsibility, in particular due to unsuitable and improper use, non-observance of instructions for use or incorrect or negligent handling.
(4) If the Customer is acting as a consumer within the meaning of these GTC, the limitation period for warranty claims for used items – in deviation from the statutory provisions – shall be one year. This limitation shall not apply if something different has been expressly agreed, if there is a case of malice, intent or breach of so-called cardinal obligations or if there is a claim for damages due to injury to life, limb or health.
(5) If the customer is acting as an entrepreneur within the meaning of these GTC, the following shall apply in addition:
removeOnly the information provided by KINGS & QUEENS and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
If the customer acts as a merchant in the sense of the German Commercial Code (HGB), he is subject to the commercial obligation to examine the goods and to give notice of defects according to § 377 HGB. The customer is obligated to inspect the goods immediately and with due diligence for deviations in quality and quantity and to notify the seller of any obvious defects within 7 days of receipt of the goods. In case of violation of the obligation to inspect the goods and to give notice of defects, the assertion of warranty claims is excluded.
removeThe seller is entitled to choose between removal of defects or replacement delivery according to § 439 BGB. If the subsequent performance fails twice, the customer may, at his option, demand a reduction or withdraw from the contract.
removeFor entrepreneurs, the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
removeThe warranty period is one year from delivery of the goods.
§ 10 LIABILITY
(1) KINGS & QUEENS is liable without limitation for intent and gross negligence for any legal reason, unless otherwise stated below.
(2) The seller is liable for damages resulting from injury to life, body or health, which are based on a negligent or intentional breach of duty on his part and due to mandatory liability, such as under the Product Liability Act.
(3) In the event of slight negligence, the Seller shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the Customer may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
(4) The Seller shall not be liable for the restoration of data unless the loss was caused intentionally or by gross negligence and the Customer has ensured that a data backup has been made so that the data can be reconstructed with reasonable effort.
(5) The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
§ 11 DATA PROTECTION INFORMATION
With regard to all data concerning the business relationship with the customer, the data protection regulations apply, which can be found in the online store of KINGS & QUEENS.
§ 12 PLACE OF JURISDICTION, FINAL PROVISIONS
(1) The business relationship is exclusively subject to the laws of the Federal Republic of Germany. In business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable if it is mandatory under consumer law.
(2) In business transactions with merchants and with legal entities under public law, Cologne is agreed as the place of jurisdiction for all legal disputes arising from the business relationship. This shall also apply if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is unknown at the time the action is brought.
(3) In the event that individual provisions of these General Terms and Conditions are invalid, the remaining provisions shall continue to be valid.
§ 15 DISPUTE RESOLUTION
We also refer you to the possibility of dispute resolution via the EU Commission’s platform for online dispute resolution www.ec.europa.eu/consumers/odr.
§ 16 SEVERABILITY CLAUSE
Should individual provisions of this contract, including these General Terms and Conditions of Business, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.