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All things Kaytie

GENERAL
TERMS AND CONDITIONS

§ 1 Scope & defense clause
(1) The following general terms and conditions apply exclusively to the legal relationships between the operator of the shop (hereinafter “supplier”) and its customers in the respective version at the time of the order.
(2) Deviating general terms and conditions of the customer will be rejected.

§ 2 Conclusion of the contract
(1) The presentation of the goods on our homepage

https://www.allthingskaytie.com/

does not represent a binding offer by the provider to conclude a purchase contract. The customer is only asked to submit an offer by placing an order.
(2) By submitting the order in the online shop, the customer submits a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart. By sending the order, the customer also recognizes these terms and conditions as solely relevant for the legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It only serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer takes place through the delivery of the goods or an express declaration of acceptance.

§ 3 Retention of title
The delivered goods remain the property of the provider until full payment has been made.
Invoices are to be paid no later than 2 weeks after receipt of the goods.

§ 4 Maturity
The payment of the purchase price is due upon conclusion of the contract.

§ 5 Warranty
(1) The warranty rights of the customer are based on the general statutory provisions, unless otherwise specified below. The provision in § 6 of these General Terms and Conditions applies to claims for damages by the customer against the provider.
(2) The limitation period for customer warranty claims is 2 years for consumers for newly manufactured items and 1 year for used items. In relation to entrepreneurs, the limitation period for newly manufactured items and for used items is 1 year. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb, health or claims for damages due to a breach of essential contractual obligations. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and procure ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. The right of recourse against entrepreneurs according to § 478 BGB is also excluded from the shortening of the limitation periods.
(3) A guarantee is not declared by the provider. Our goods have no claim to correctness and completeness.

§ 6 Disclaimer
(1) Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies to the legal representatives and vicarious agents of the provider if the customer asserts claims against them.
(2) Claims for damages due to injury to life, limb or health and claims for damages resulting from the breach of essential contractual obligations are excluded from the exclusion of liability specified in Section 1. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and procure ownership of it. Also excluded from the exclusion of liability is liability for damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.

§ 7 Assignment and pledging prohibition
The assignment or pledging of the customer's claims or rights against the provider is excluded without the consent of the provider, unless the customer can prove a legitimate interest in the assignment or pledging.

§ 8 Offsetting
The customer only has the right to offset if the claim made for offsetting has been legally established or is undisputed.

§ 9 Choice of Law & Place of Jurisdiction
(1) The law of the Federal Republic of Germany applies to the contractual relationships between the provider and the customer. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN sales law is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

§ 10 General
(1) All things Kaytie will only ship its goods (wigs, eyelashes, handbags, earrings, etc...) after full payment has been received.
(2) There is no statement of sales tax due to the application of the small business regulation according to § 19 UStG.
(3) The goods may differ slightly from the pictures in the shop.
(4) In principle, we cannot offer the return of goods. If an exception can be made here, the buyer bears the shipping costs of the return shipment.

§ 11 Severability Clause
Should a provision of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions.

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