Conditions

General terms and conditions of business

General Terms and Conditions of KIESER DESIGN: 

1. Scope of these Terms and Conditions 

1.1 KIESER DESIGN eK, owner Matthias Kieser, Ostparkstraße 37, 60385 Frankfurt am Main, (hereinafter "KIESER DESIGN" or "we" or "us") operates a website ("Website") at the URL "https://www.kieserdesign.de" via which customers ("Customers") can configure products primarily from the wristwatch segment ("Products") according to their own ideas and subsequently purchase them. 

1.2 The following General Terms and Conditions (hereinafter: "GTC") in the version valid at the time of the order apply exclusively to the business relationship between KIESER DESIGN and the customer in the context of the use of the website and the purchase of products. Deviating conditions of the customer will not be recognized unless KIESER DESIGN expressly agrees to their validity in writing. 

1.3 The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity. 

1.4 Our contact details are: KIESER DESIGN eK Owner Matthias Kieser Ostparkstraße 37 60385 Frankfurt am Main Germany Email address: info@kieserdesign.de


2. Configuration, offer and conclusion of contract 

2.1 The customer has the option of using a configurator on the website to personalize products from the KIESER DESIGN portfolio according to their own ideas. The configurator provides various options for certain components of the products, which the customer can select. At the end of the configuration process, the customer is shown the selected configuration and the total price for the product configured by the customer. The customer has the option of changing their configuration and correcting their entries at any time. The customer also provides the data requested at the end of the configuration process. The customer can request the selected configuration without obligation by clicking on the “Request offer” button. The customer does not make a binding offer to place a paid order and purchase the configured product. ‍ By displaying and advertising products on the website, we do not make a binding offer to conclude a purchase contract for specific products. Customers acknowledge that the presentation of the products in the configurator and on the website is merely exemplary. Even if photographs and images of the products are shown, the color representation may be distorted, particularly due to the use of different display technologies and due to your individual display settings. The colors shown on the display may therefore differ slightly from the actual color of the products shown in product photos. ‍ The data requested by KIESER DESIGN at the end of the configuration process must be provided completely and correctly. Customers are responsible for the accuracy of the data provided. The customer guarantees that he will comply with applicable laws when using the website. The customer is responsible for saving or printing out information visible on the website, communication with us and messages, such as order confirmations, in a separate file on his PC. 

2.2 We will then send the customer an automatic confirmation of receipt by email. The automatic confirmation of receipt merely documents that the customer's request has been received by KIESER DESIGN and does not constitute an offer. We can then send the customer a binding offer for a binding and chargeable order of the configuration selected by the customer. In this offer we summarize all relevant data, the configuration selected by the customer, the total price, the payment terms and the expected delivery date. Together with our offer we send the customer our general terms and conditions, our data protection information and the cancellation policy. The customer can accept this offer within five working days. The contract is only concluded when the customer notifies us of their acceptance in writing (email is sufficient). If the customer has requested offers for several products, the customer will receive a separate confirmation of receipt for each individual product and, if applicable, a separate offer for each individual product. In this case, a separate purchase contract is concluded for each individual product. 

2.3 The contract is concluded in German, or optionally in English. 

2.4 At the latest when the goods are delivered, the contract text (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer on a permanent data carrier (email or paper printout) (contract confirmation). We do not save the contract text. 

3. Right of withdrawal for consumers Consumers generally have a statutory right of withdrawal when concluding a distance selling contract, about which we inform them in accordance with the statutory model below (see Appendix 1). The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3). ‍ 

4. Delivery, availability of goods 

4.1 If no copies of the product selected by the customer are available at the time of the customer's order, we will inform the customer of this immediately. We reserve the right to make design, color, technical changes and/or printing errors. If the product is permanently unavailable, we will not send the customer an offer. In this case, a contract is not concluded. We are entitled to make partial deliveries if this is reasonable for the customer. 

4.2 The goods are delivered by shipping. The customer can also pick up the goods. We bear the shipping risk if the customer is a consumer. Delivery periods and delivery dates are based on the information in our offer. 

4.3 The following delivery restrictions apply: We only deliver to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany and all member states of the European Union.

5. Retention of title The delivered goods remain the property of Kieser Design until full payment has been made.

6. Prices, shipping costs and other costs 

6.1 All prices stated on the website and in these General Terms and Conditions include the applicable statutory sales tax. 

6.2 The purchase price and shipping costs must be paid no later than two (2) weeks from receipt of our invoice. 

6.3 We bear the shipping costs. ‍

7. Methods of payment 

7.1 Payments can be made via PayPal; Transfer 

7.2 We reserve the right to offer the customer only selected payment methods for payment, for example only Paypal to protect our credit risk.

8. Rights in the event of defects, guarantee 

8.1 We are liable for material and/or legal defects in accordance with the applicable statutory provisions, in particular Sections 434 ff. of the German Civil Code (BGB). 

8.2 For entrepreneurs, the warranty period for items delivered by us is 12 months. 8.3 An additional guarantee only exists for the goods delivered by us if this was expressly given in the order confirmation for the respective article.

9. Liability 

9.1 Claims by the customer for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty on the part of KIESER DESIGNS, the respective legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. 

9.2 In the event of a breach of essential contractual obligations, KIESER DESIGN is only liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, body or health. 

9.3 The restrictions in paragraphs 1 and 2 also apply to the benefit of KIESER DESIGN's legal representatives and vicarious agents if claims are asserted directly against them. 

9.4 The liability limitations resulting from paragraphs 1 and 2 do not apply if KIESER DESIGN has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if KIESER DESIGN and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected. 

10. Data protection KIESER DESIGN observes the data protection regulations. The data protection declarations can be found under "Data Protection"

11. Final provisions 

11.1 The European Commission provides a platform for online dispute resolution (OS). This platform can be reached via the external link https://www.ec.europa.eu/consumers/odr. KIESER DESIGN is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. 


11.2 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and has his or her habitual residence in another country at the time of the order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1. 

11.3 If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and us is Frankfurt am Main. 

11.4 If a provision of these General Terms and Conditions is or becomes invalid, the remaining part of the General Terms and Conditions shall remain valid. Invalid or void provisions shall be replaced by provisions that are suitable for achieving the same purpose, taking into account the interests of both parties. In all other respects, the relevant statutory provisions shall apply instead of the invalid provision. 

11.5 Customer service: If there are any problems, the customer can contact us using the form found under "Contact". If there are any questions about registration, the customer can contact us by email: Email address: info@kieserdesign.de 

KIESER DESIGN eK, as of: January 2021
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