GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of contents
1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Place of jurisdiction
1) AREA OF APPLICABILITY

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company KISMET Yogastyle GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed in writing.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) CONCLUSION OF CONTRACT

2.1 The product descriptions contained in the seller’s online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller’s online store. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller may accept the customer’s offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
by requesting payment from the customer after placing the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.

2.5 When an offer is submitted via the Seller’s online order form, the text of the contract is saved by the Seller and sent to the Customer in text form (e.g. email, fax or letter) after the order has been sent, together with these GTC. However, the text of the contract can no longer be retrieved by the customer via the seller’s website after the order has been sent.

2.6 Before binding submission of the order via the seller’s online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the 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.

3) RIGHT OF REVOCATION

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

4) PRICES AND TERMS OF PAYMENT

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 Various payment options are available to the customer, which are indicated in the seller’s online store.

4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

4.5 If the payment method “PayPal” is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

5) DELIVERY AND SHIPPING CONDITIONS

5.1 Unless otherwise agreed, the goods shall be shipped to the delivery address specified by the customer. The delivery address specified in the seller’s order processing is decisive for the processing of the transaction.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance.

5.3 Self-collection is not possible for logistical reasons.

6) RETENTION OF TITLE

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) LIABILITY FOR DEFECTS (WARRANTY)

7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

7.2 Notwithstanding the above, the limitation period for claims for defects in used goods shall be one year from delivery of the goods to the customer. However, the reduction of the limitation period to one year shall not apply

for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
for other damages, which are based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8) APPLICABLE LAW

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

9) PLACE OF JURISDICTION

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer’s place of business.

Alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged to participate in dispute resolution proceedings before this body. We will also not participate in such proceedings.