Stephanie Neid-Schlichenmaier & Daniel Schlichenmaier GbR; hereinafter referred to as: KAPUALOVE
customer/buyer; hereinafter: customer
§ 1 General Remarks, Scope of Application
(1) The following terms and conditions of business are binding for the processing of all offers, services and contract closings between KAPUALOVE and the customer, no matter which sales channel is used. These conditions are accepted without any reservation by the customer.
(2) Derogations of the customer will only become an integral part of the contract if KAPUALOVE agrees in written form. Subsidiary agreements, changes or amendments of these terms and conditions of business require the written form to be valid.
§ 2 Contract closing, payment, pricing, shipping costs
(1) Contract closing via Facebook / draw: KAPUALOVE offers the customer the right to buy the product displayed in the respective sales campaign by joining a draw. This offer is non-binding for the customer and does not conclude a contract. After the closing of the sales campaign the winners will be determined by a random generator. The contract is concluded by accepting the request of the customer by KAPUALOVE.
(2) Contract closing per order: KAPUALOVE makes an offer to the customer to buy the product displayed in the respective sales campaign by filling in an order form. KAPUALOVE concludes the contract by accepting the order of the customer.
(3) The customer will receive an invoice at short notice. The payment can be done via PayPal only. KAPUALOVE will handle charge backs with the actual amount debited, at the minimum with a charge of 8,50 EURO. If KAPUALOVE agrees to a purchase on account, the invoice is due for payment immediately.
(4) Prices include legal value added tax.
(5) Shipping costs are at the charge of the customer, unless the contract is cancelled by the customer. The costs are related to the shipping destination and mode of shipment and are displayed before concluding a contract. Shipping costs: 7,00 EURO within Germany / 17,00 EURO Europe-wide.
(6) In case of cancelling the contract, the customer bears the costs for returning the goods to KAPUALOVE – further details are laid down in § 10.
§ 3 Delay of delivery, part delivery
(1) Unless stated otherwise, KAPUALOVE will deliver within 5 working days after payment receipt.
(2) In case of delayed delivery, which lies in a premeditated or reckless violation of duty due to the responsibility of KAPUALOVE, liability is aligned to legal regulations; KAPUALOVE is attributable to the fault of subcontractors.
(3) In case of delayed delivery, which lies in a simple negligent violation of duty, the responsibility of KAPUALOVE is limited to the predictable and typical damage in such cases. If the violation of duty lies in a significant contractual obligation or an obligation which has to be fulfilled to conclude the contract, KAPUALOVE´s liability is aligned to legal regulations.
§ 4 Color codes, sizes, care instructions
(1) No sizes and color codes, KAPUALOVE releases via Facebook, are according to any norm. KAPUALOVE strives to guarantee all minimum sizes (in relation to the shape after washing). Due to the individual washing and drying process of each customer there may be some marginal discrepancy regarding the sizes. Color codes are assigned on the basis of yarn codes or freely chosen color terms. Concerning color codes which are released repeatedly with the same description, there may be a marginal discrepancy due to the manufacturing process which is done in different batches. KAPUALOVE feels obliged to reduce discrepancies to the minimum by strict pre-selection and quality control. Furthermore, KAPUALOVE points out that an absolutely binding color illustration, in relation to different displays and different light sources, is not possible. Discrepancies to sizes and colors do not establish any warranty claim or a constitution of a defect. The general revocation of the order or the right to return is not affected.
(2) KAPUALOVE explicitly points out, that any textile/wrap has to be washed according to our care instructions before using it for the first time.
§ 5 Warranty, warranty rights, return of goods
(1) KAPUALOVE assumes warranty for all ready-made goods for 2 years starting the moment the goods are received. If the delivered goods are not in the state agreed when closing the contract or if they are defected in a way rated as a deficiency, KAPUALOVE is obliged to supplementary performance. KAPUALOVE is not obliged to supplementary performance if legal obligations lead to a rejection. The customer has to accept an adequate period for supplementary performance. Warranty exclusion applies in all cases of not ready-made goods (fabric remnants, bulk goods by individual order) and/or in the case the customer individually changes by himself the delivered ready-made goods (e.g. shortcut, whipping, conversion etc.).
(2) Supplementary performance generally occurs by remedy of defects. The customer is not able to reduce prices or resign from contract during the period of supplementary performance. If there have been two unsuccessful tries of supplementary performance by KAPUALOVE, it shall be regarded as failed. If supplementary performance has failed, the customer can choose between reducing the purchase price or resign from the contract.
(3) An exchange of the delivered goods may take place under certain circumstances. However, KAPUALOVE points out, that all products are strictly limited. Because of that, it may happen that the ordered product will not be available in the same size or design or even at all. In this case KAPUALOVE strives to achieve an individual solution with the customer.
(4) The right of return will not apply in cases of customized products or special orders.
(5) A return of goods can take place if it is complete (as delivered), unused, unwashed and resalable. By a use in the sense described, the right of return is excluded.
§ 6 Title retention
All delivered goods remain property of KAPUALOVE until full payment is made.
KAPUALOVE uses the provided data and personal information of the customer only for fulfilling and processing the order. KAPUALOVE excludes any other use in addition to this.
§ 8 Copyright of customized products
The customer is liable if there is any harming of copyrights of a third party by producing a special order or a customized product on basis of the customers design. The customer must hold KAPUALOVE harmless from any costs incurred for the defence against claims by third parties.
§ 9 Final clauses, proper law, severability clause
Any closing of contract is subject to German law. UN sales law is not applicable.
If there are single provisions in the general terms and conditions which are totally or partially not legally effective or for any reason lose their legal effectiveness, the validity of the general terms and conditions is not affected in any way. The ineffective provision shall be replaced by legal law or an individual agreement between KAPUALOVE and the customer.
§ 10 Cancellation policy
Right to cancel for private end users
The customer obtains the right to cancel the contract within fourteen days without giving any reason for it.
The cancellation deadline will expire after fourteen days, starting from the day of receiving the goods in property of the customer or another third party which is named by the customer, but which is not the delivery company.
To exercise the right of cancellation, the customer must inform KAPUALOVE (Stephanie Neid-Schlichenmaier & Daniel Schlichenmaier GbR, KAPUALOVE, Fellbacher Str. 66, 71394 Kernen i.R., Germany) of the decision to cancel the contract by a clear statement (e.g. a postal letter, a telefax to +49 7151 209429 or an email to email@example.com). The customer may use the displayed cancellation form, but it is not mandatory. To meet the cancellation deadline it is necessary that the customer sends her/his statement before expiration of the cancellation deadline.
Consequences of cancellation
If the customer cancels the contract, KAPUALOVE will refund all payments received from the customer, including delivery costs (except extra costs by choosing a type of delivery different to the standard delivery offered by KAPUALOVE) immediately and not later than fourteen days after the day KAPUALOVE is informed about the cancellation of the contract. KAPUALOVE uses the same method of payment for the refund which was used for the initial transaction, unless agreed otherwise. The customer will not be charged any fee as a result of the cancellation and the refund. KAPUALOVE is entitled to withhold the refund until the goods are back in property or the customer supplies evidence of having sent back the goods, whichever is earlier.
The customer shall send back or hand over the goods without delay and not later than fourteen days from the day KAPUALOVE was informed of the cancellation. The customer meets the deadline if she/he sends back the goods before the period of fourteen days has expired. The customer bears the delivery costs in case of returning the goods. KAPUALOVE recommends a delivery method including insurance and tracking to free the customer of demands by KAPUALOVE for loss or damage of the goods.
End of cancellation policy
Sample of cancellation form
To: Stephanie Neid-Schlichenmaier & Daniel Schlichenmaier GbR, KAPUALOVE, Fellbacher Str. 66, 71394 Kernen i.R., Germany, Fax: +49 7151 209429, Mail: firstname.lastname@example.org
I/We (*) hereby give notice that I/we (*) cancel my/our (*) sales contract of the following products (*)/for the supply of the following service (*)
Ordered on (*)/received on (*)
Name of customer(s)
Address of customer(s)
Signature of customer(s) (only if sent on paper)
Place, date ________________________________________________ (*)
Delete as applicable.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Wir sind bereit, an einem außergerichtlichen Schlichtungsverfahren teilzunehmen.