Terms of service

Table of contents

  1. Scope of application
  2. Conclusion of contract
  3. Right of cancellation
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Redemption of promotional vouchers
  10. Redemption of gift vouchers
  11. Applicable law
  12. Place of jurisdiction
  13. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Kinesis GmbH (hereinafter “Seller”) apply to all contracts for the supply of goods concluded between a consumer or an entrepreneur (hereinafter “Customer”) and the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the supply of vouchers, unless otherwise expressly agreed.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of his or her trade, business or profession.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by e-mail, via the online contact form or by telephone.

2.3 The Seller may accept the Customer’s offer within five days by

  • sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer is decisive, or
  • delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
  • requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the day on which the Customer sends the offer and ends at the end of the fifth day following the day on which the offer is sent. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his or her declaration of intent.

2.4 When ordering via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has submitted his or her order. The Seller will not make the contract text available beyond this. If the Customer has set up a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via his or her password-protected user account by entering the relevant login data.

2.5 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct his or her entries during the electronic ordering process using the usual keyboard and mouse functions until he or she clicks the button that concludes the ordering process.

2.6 Different languages are available for the conclusion of the contract. The specific language options are indicated in the online shop.

2.7 Order processing and contact usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him or her for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of cancellation

3.1 Consumers are generally entitled to a right of cancellation.

3.2 More detailed information on the right of cancellation can be found in the Seller’s instructions on cancellation.

3.3 The right of cancellation does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include statutory value added tax. Any additional delivery and shipping costs that may be incurred are indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment methods available are communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the “Shopify Payments” payment service is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. For the processing of payments, Shopify may use other payment services for which special payment conditions may apply and to which the Customer may be referred separately. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de.

4.6 If a payment method offered via the “Mollie” payment service is selected, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter “Mollie”). The individual payment methods offered via Mollie are communicated to the Customer in the Seller’s online shop. For the processing of payments, Mollie may use other payment services for which special payment conditions may apply and to which the Customer may be referred separately. Further information on “Mollie” is available online at https://www.mollie.com/de/.

5) Delivery and shipping conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller’s order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the initial shipment if the Customer effectively exercises his or her right of cancellation. With regard to the return costs, the provision made in the Seller’s instructions on cancellation shall apply if the Customer effectively exercises the right of cancellation.

5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder or other person or institution designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally not pass to the Customer until the goods have been handed over to the Customer or a person authorized to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer, even in the case of consumers, as soon as the Seller has delivered the item to the carrier, freight forwarder or other person or institution designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 If the Customer is a consumer resident in Germany or an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the fault of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without delay and any consideration will be refunded without delay.

5.5 If the Seller offers collection of the goods, the Customer may collect the ordered goods during the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

5.6 Vouchers are made available to the Customer as follows:

  • by download
  • by e-mail

6) Retention of title

If the Seller makes advance deliveries, he retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided below, the statutory provisions on liability for defects shall apply. By way of derogation, the following applies to contracts for the supply of goods:

7.1 If the Customer is acting as an entrepreneur,

  • the Seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for claims for defects is one year from delivery of the goods;
  • for used goods, claims for defects are excluded;
  • the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The above-mentioned limitations of liability and shortening of time limits do not apply

  • to claims for damages and reimbursement of expenses by the Customer,
  • in the event that the Seller has fraudulently concealed the defect,
  • to goods which have been used in accordance with their usual purpose for a building and have caused its defectiveness,
  • to any existing obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial duty to examine and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer is acting as a consumer, he or she is requested to complain to the carrier about goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect on his or her statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal grounds

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health,
  • on the basis of a guarantee promise, unless otherwise regulated in this respect,
  • on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Customer is a consumer resident in Germany or an entrepreneur, the following limitations of liability apply:

If the Seller negligently breaches an essential contractual obligation, his liability shall be limited to the foreseeable damage typical for the contract, unless he is liable without limitation in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely. Otherwise, the Seller’s liability is excluded, unless he is liable without limitation in accordance with the above clause.

8.3 The above liability provisions also apply with regard to the Seller’s liability for his vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers which are issued free of charge by the Seller as part of promotional campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 If the promotional voucher relates to a specific amount and not to a percentage discount, the value of the goods must at least correspond to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.

9.7 The balance of a promotional voucher will neither be paid out in cash nor bear interest.

9.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher under his or her statutory right of cancellation.

9.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity or lack of power of representation of the respective holder.

10) Redemption of gift vouchers

10.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to the Customer until the expiry date.

10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.

10.6 The balance of a gift voucher will neither be paid out in cash nor bear interest.

10.7 The gift voucher is intended solely for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

11) Applicable law

11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

11.2 Furthermore, this choice of law does not apply with regard to the statutory right of cancellation for consumers who, at the time of conclusion of the contract, are not nationals of a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

12) Place of jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business. If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller shall in any event be entitled to bring an action before the court at the Customer’s place of business.

13) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.