Right of withdrawal

cancellation policy

Cancellation policy

General Terms and Conditions of KIESER DESIGN:

1. Scope of these Terms and Conditions 
1.1 KIESER DESIGN eK, owner Matthias Kieser, c/o Vectocon, Hausmannstr. 14, 63452 Hanau, (hereinafter "KIESER DESIGN" or "we" or "us") operates a website ("Website") at the URL "https://www.kieserdesign.de" via which customers ("Customers") can obtain information about products primarily from the wristwatch segment ("Products") 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 c/o Vectocon Hausmannstr. 14 63452 Hanau Germany Email address: info@kieserdesign.de

2. Offer and conclusion of contract
2.1 The customer has the opportunity to view products from the Kieser Design portfolio on the website. These include products from the regular product range, such as limited editions, and unique items made to individual customer requirements.

By presenting 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 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 customer can request the product he or she wants without obligation by clicking on the "Go to order form" button. This does not constitute a binding offer by the customer to order and purchase the product for a fee. To order individually manufactured items, personal contact and clarification of the specific design of the product is provided using one of the contact forms.

The data requested by KIESER DESIGN in order forms must be complete and correct. Customers are responsible for the accuracy of the data provided. The customer guarantees that he or she will comply with applicable laws when using the website. The customer is responsible for saving or printing out information, communication with us and messages, such as order confirmations, that can be viewed on the website in a separate file on his or her PC.

2.2 We send the customer an automatic confirmation of receipt by email after submitting order forms. 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 product selected by the customer. In this offer we summarize all relevant data, the nature of the product, 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 his 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 usual place of 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. We only deliver to other countries after prior clarification.

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 terms and conditions include the applicable statutory sales tax.

6.2 The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest. The goods will only be dispatched after full payment has been received.

6.3 We bear the shipping costs.

7. Payment methods

7.1 Payments can be made by bank transfer.

7.2 We reserve the right to offer the customer alternative payment methods.

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 businesses, 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 stated 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 damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages resulting 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 arising from paragraphs 1 and 2 do not apply if KIESER DESIGN has fraudulently concealed the defect or has provided 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 remains valid. Invalid or void provisions are to be replaced by provisions that are suitable for achieving the same purpose, taking into account the interests of both parties. Otherwise, the relevant statutory provisions apply instead of the ineffective 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 October 2024
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