General Terms and Conditions of KIESER DESIGN:
1.1 KIESER DESIGN e.K., owner Matthias Kieser, Ostparkstraße 37, 60385 Frankfurt am Main, Germany, (hereinafter "KIESER DESIGN" or "we" or "us") operates a website ("Website") under the URL "https://www.kieserdesign.de" through 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 applicable at the time of the order shall apply exclusively to the business relationship between KIESER DESIGN and Customer in connection with the use of the Website and the purchase of Products. Any deviating terms and conditions of Customer shall not be accepted unless KIESER DESIGN expressly agrees to their applicability in writing.
1.3 Customer shall be deemed to be a consumer if the purpose of the ordered goods and services cannot be predominantly attributed to its commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
1.4 Our contact details are:
KIESER DESIGN e.K..
Inh. Matthias Kieser
60385 Frankfurt am Main
E-mail address: firstname.lastname@example.org
2.1 On the website, the customer has the option of personalizing products from the KIESER DESIGN portfolio according to his own ideas using a configurator. The configurator provides various options for the customer to choose from for certain components of the products. 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 his configuration and correcting the entries at any time. In addition, the customer enters the data requested at the end of the configuration process. The customer can request the selected configuration without obligation by clicking on the button "Request offer". This does not constitute a binding offer by the customer to place a chargeable order and purchase the configured product.
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 in the configurator and on the website is merely exemplary in nature. Even insofar as photographs and illustrations of the products are shown, there may be distortions in the representation of colours, in particular due to the use of different display technologies and due to your individual display settings. The colours shown on the display may therefore differ slightly from the actual colour of the products shown in the product photos.
The data requested by KIESER DESIGN at the end of the configuration process must be provided completely and correctly. Customers themselves are responsible for the accuracy of the data provided. The customer guarantees that he will comply with the applicable laws when using the website. It is the customer's own responsibility to save information, communication with us and messages, such as order confirmations, that can be viewed via the website in a separate file on their PC or to print them out.
2.2 We will then send the customer an automatic confirmation of receipt by e-mail. 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 may then send the customer a binding offer for a binding and chargeable order of the configuration selected by the customer. In this offer, we will once again 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 his acceptance in writing (e-mail 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 with regard to each individual product.
2.3 The contract shall be concluded in German, optionally also in English.
2.4 At the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) shall be sent to the customer on a permanent data carrier (e-mail or paper printout) (contract confirmation). We do not store the text of the contract.
When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which we inform about in accordance with the statutory model form below (see Annex 1). The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a model withdrawal form.
4.1 If no copies of the product selected by the customer are available at the time of the customer's order, we shall inform the customer immediately. Design, colour, technical changes and/or printing errors remain reserved. 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 dispatch. The customer may also collect 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 (invoice 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.
The delivered goods remain the property of Kieser Design until payment has been made in full.
6.1 All prices stated on the website and in these GTC are inclusive of the applicable statutory VAT.
6.2 The purchase price and the shipping costs are to be paid within two (2) weeks of receipt of our invoice at the latest.
6.3 We shall bear the shipping costs.
7.1 Payments can be made by means of
7.2 We reserve the right to offer the customer only selected payment methods for payment, for example only Paypal to hedge our credit risk.
8.1 We shall be liable for material defects and/or defects of title in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB).
8.2 In relation to entrepreneurs, the warranty period on items delivered by us is 12 months.
8.3 An additional warranty only exists for the goods delivered by us if this was expressly given in the order confirmation for the respective item.
9.1 Claims of the customer for damages are excluded. Excluded from this are the customer's claims for damages arising from injury to life, body or health or from the breach of material 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, its respective legal representatives or vicarious agents. Material contractual obligations are those the performance of which is necessary to achieve the objective of the contract.
9.2 In the event of a breach of material contractual obligations, KIESER DESIGN shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the damage claims of the customer are based on injury to life, body or health.
9.3 The limitations of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of KIESER DESIGN if claims are asserted directly against them.
9.4 The limitations of liability resulting from paragraphs 1 and 2 shall not apply to the extent that KIESER DESIGN has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same shall apply to the extent that KIESER DESIGN and the customer have entered into an agreement regarding the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
KIESER DESIGN observes the provisions of data protection law. The data protection declarations can be found under "Data Protection".
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 shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and has its habitual residence in another country at the time of the order, the application of mandatory legal provisions of such country shall remain 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 shall be Frankfurt am Main.
11.4 Should any provision of these General Terms and Conditions be or become invalid, the remaining part of the General Terms and Conditions shall remain valid. Invalid or void provisions shall be replaced by such provisions that are suitable to achieve the same purpose, taking into account the interests of both parties. In all other respects, the relevant statutory provisions shall apply in place of the invalid provision.
11.5 Customer service: In the event of problems, the customer can contact us using the form found under "Contact". In case of questions regarding the registration, the customer can contact us by e-mail: E-mail address: email@example.com
KIESER DESIGN e.K., Status: January 2021