Terms and Conditions

Table of Contents

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

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Kfactor GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 These GTC shall apply mutatis mutandis to contracts for the provision of digital content, unless otherwise stipulated. Digital content within the meaning of these GTC are data that are created and provided in digital form.

1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

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 can submit the offer via the online order form integrated into the Seller's online shop. 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.

2.3 The Seller can accept the Customer's offer within five days by

  • sending the Customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
  • delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
  • requesting the Customer to pay after he has placed his order.

If several of the aforementioned alternatives exist, 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 after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. 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 declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 If an offer is made via the Seller's online order form, the contract text will be saved by the Seller after the contract is concluded and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller will not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected user account by entering the corresponding login data.

2.6 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 for better identification of input errors can be the browser's magnification function, which magnifies the display on the screen. The Customer can correct his entries within the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct, so that the 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 him with order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and payment terms

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

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which are not the responsibility of the Seller and which are to be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to money transfer 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 option(s) will be communicated to the Customer in the Seller's online shop.

4.4 If a payment method offered via the payment service "PayPal" is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which he makes advance payments to the Customer (e.g. purchase on account or instalment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of the claim, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and shipments or credits.

4.5 If the "SOFORT" payment method is selected, payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately thereafter by "SOFORT" and the Customer's bank account is debited. Further information on the "SOFORT" payment method can be found by the Customer on the Internet at https://www.klarna.com/sofort/ .

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de .

4.7 If a payment method offered via the payment service "Stripe" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer in the Seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on Stripe can be found on the Internet at https://stripe.com/de .

4.8 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing for credit card payments is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to whom the provider assigns its payment claim. secupay AG collects the invoice amount from the Customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card is debited immediately after the Customer's order has been sent in the online shop. Even if the credit card payment method is selected via secupay AG, the provider remains responsible for general customer inquiries, e.g. regarding returns, complaints, declarations of withdrawal and shipments or credits.

4.9 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.

4.10 If a payment method offered via the payment service "Klarna" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be viewed here:

5) Delivery and shipping conditions

5.1 If the Seller offers shipping of goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.

5.2 If the 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 to the costs of dispatch if the Customer effectively exercises his right of withdrawal. For the return costs, the provision made in the Seller's cancellation policy applies if the Customer effectively exercises his right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon delivery of the goods to the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the fault of the Seller and the Seller has concluded a concrete hedging transaction with the supplier with due diligence. 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 immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

- by e-mail

5.7 Digital content is provided to the Customer as follows:

  • by download
  • by e-mail

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer the non-exclusive, geographically and temporally unlimited right to use the content for private and commercial purposes.

6.2 The transfer of content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to a transfer of the contractually agreed license to the third party.

6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights shall only become effective when the customer has paid the agreed remuneration in full. The seller may provisionally permit the use of the contractual content even before this time. Such provisional permission does not constitute a transfer of rights.

7) Retention of Title

If the seller performs in advance, he retains ownership of the delivered goods until full payment of the purchase price owed.

8) Liability for Defects (Warranty)

Unless otherwise provided by the following regulations, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

8.1 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of supplementary performance;
  • for new goods, the limitation period for defects is one year from the delivery of the goods;
  • for used goods, rights and claims due to defects are excluded;
  • the limitation period does not recommence if a replacement delivery is made in the context of liability for defects.

8.2 The aforementioned limitations of liability and reductions of deadlines do not apply

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

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

8.4 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial inspection and complaint obligation according to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

8.5 If the customer acts as a consumer, he is requested to complain about delivered goods with obvious transport damage to the delivery agent and to inform the seller thereof. If the customer fails to do so, this has no effect on his statutory or contractual claims for defects.

9) Redemption of Gift Vouchers

9.1 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.

9.2 Gift vouchers and remaining credit from gift vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining credit will be credited to the customer until the expiry date.

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

9.4 Several gift vouchers can also be redeemed for one order.

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

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

9.7 The balance of a gift voucher is neither paid out in cash nor interest-bearing.

9.8 The gift voucher is intended exclusively for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

10) Applicable Law

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. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

11) 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 in 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 has his registered office 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 from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, the seller is, however, always entitled to appeal to the court at the customer's registered office.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.