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Terms and Conditions

Table of content

  1. Scope of application
  2. Conclusion of contract
  3. Right of revocation
  4. Prices and terms of payment
  5. Terms of delivery and dispatch
  6. Retention of title
  7. Liability for defects (warranty)
  8. Redemption of promotional and gift vouchers
  9. Applicable law, place of performance, place of jurisdiction
  10. Identity of the seller
  11. Information on online dispute resolution
  12. No additional agreements, amendments to the GTC and severability clause

 

1. Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of qikfresh GmbH & Co. KG (hereinafter "Seller"), apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods and/or services presented by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

 

2. Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

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 and/or services in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping basket by clicking the button completing the ordering process.

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), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall commence on the day following the dispatch of the offer by the customer and shall end on the expiry of the fifth day following the dispatch 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 When submitting an offer via the seller's online order form, the text of the contract shall be stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with the present general terms and conditions after sending his order. In addition, the text of the contract is archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected customer account by providing the corresponding login data, provided the Customer has created a customer account in the Seller's online shop before sending his order.

2.5 Prior to binding submission of the order via the online order form of the Seller, the Customer may continuously correct his entries via the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.6 Only the German language is available for the conclusion of the contract.

2.7 The order processing and establishment of contact take place as a rule by 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 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 third parties commissioned by the seller to process the order can be delivered.

 

3. Right of revocation

3.1 In principle, consumers are entitled to a right of withdrawal.

3.2 If a delivery is accompanied by free additions (e.g. bonus articles or free samples) when certain goods values are reached, these must be returned in full in the event of revocation.

3.3 The repayment will be made to the account used by you for payment. In the case of payment by Sofortüberweisung, the return transfer will be directed to the account from which the transfer was made. If you have paid by credit card, the refund will be made to the associated credit card account. When paying with PayPal, the payment will be credited to your PayPal account.

3.4 3.4 Further information on the right of withdrawal can be found in the seller's cancellation policy.

 

4. Prices and terms of payment

4.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

4.2. The shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you unless delivery free of shipping costs has been promised.

4.3. Any costs incurred by the transfer of funds (bank transfer or exchange rate fees) shall be borne by you in cases where delivery is made to an EU member state but payment has been made outside the European Union.

4.4. The methods of payment available to you are indicated by a button on our website or in the relevant offer.

4.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are immediately due for payment.

4.6 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "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 of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.7 If payment is made by means of the offered payment method "credit card", the payment shall be processed via the payment service provider Stripe Payments Europe Ltd, Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland ( in the following: "Stripe"), https://stripe.com/de/privacy#translation.

4.8 If payment is made by means of the offered payment method „Sofortüberweisung“ ", the payment is processed via the payment service provider Klarna GmbH, Theresienhöhe 12, D-80339 München  (in the following: "Klarna"), https://www.klarna.com/de/datenschutz/.

 

5. Terms of delivery and dispatch

5.1 The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under an appropriately marked button on our website or in the respective offer.

5.2 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address stated in the Seller's order processing is decisive for the transaction.

5.3 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance which led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable notice of the service in advance.

5.4 You undertake to ensure that the personal delivery of the goods can take place at the delivery address indicated by you. If the possibility of a desired delivery time in the check-out is given, the acceptance must also be guaranteed at this time.

5.5 If personal delivery of the goods is not possible, the contract can also be fulfilled by delivery of the goods to a neighbouring household or business. Neighbouring households or businesses are preferably recipients who are located in the same building as the addressee; in addition, delivery can also be made to recipients who are within walking distance of the recipient (e.g. same residential complex, opposite street side or neighbouring houses) (hereinafter also referred to as "neighbour"). If the delivery is made to such a neighbour, you will be notified of this by inserting a notification card or by e-mail from the shipping partner.

5.6 If you grant us a parking permit, the contract can also be fulfilled by parking the goods at the place you have specified in the area of the delivery address which is accessible to the delivering driver. Alternatively, the goods can be fulfilled by making them available for collection in a parcel shop.

5.7 The risk of loss and damage to the goods passes to you when the goods are stored in accordance with instructions at the specified location or in the parcel shop or delivered to a neighbour. A liability of qikfresh GmbH & Co. KG for damages or defects that occur afterwards is excluded. In the event of damage, any ambiguities regarding the indication of the place of storage shall be borne by you. The qikfresh GmbH & Co. KG is not obliged to check the suitability of the place of storage.

5.8 A change of address is only possible within Germany and becomes effective for the delivery, as far as it has not yet been made by qikfresh GmbH & Co. KG to the logistics partner. Deviations from this regulation will be made in individual cases and communicated by qikfresh GmbH & Co. KG.

5.9 Self-collection is not possible for reasons of logistics, organisation and process.

 

6. Retention of title

If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

 

7. Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects (BGB §437) shall apply.

7.2 The customer is asked to complain about delivered goods with obvious transport damages to the deliverer ( https://www.dhl.de/de/privatkunden/hilfe-kundenservice/schadensanzeige.html or https://www.dpd.com/de/content/download/10141/248252/version/2/file/DPD+Reklamationsformular+Deutsch.pdf) and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual warranty claims.

 

8. Redemption of promotional and gift vouchers

8.1 Promotion vouchers and codes (hereinafter referred to as "Promotion Vouchers"), which are issued free of charge by the Seller within the framework of promotional campaigns with a certain validity period and which cannot be purchased by the Customer, can only be redeemed in the Seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the promotional voucher campaign if a corresponding restriction results from the content of the promotional voucher.

8.3 Promotion vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.

8.4 Only one promotion voucher can be redeemed per order.

8.5 The value of the goods must at least correspond to the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.

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

8.7 The credit balance of a promotion voucher is neither paid in cash nor interest is paid on it.

8.8 The Promotion Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Promotion Voucher within the scope of his statutory right of withdrawal.

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

8.10 A promotional voucher can be a percentage discount, a monetary/real Euro amount or a free product.

 

9. Applicable law, place of performance, place of jurisdiction

9.1 German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (principle of favourability).

9.2 The place of performance for all services arising from business relations with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.

9.3 The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

 

10. Identity of the seller

qikfresh GmbH & Co.KG

Geisenheimer Strasse 111

60529 Frankfurt am Main

Germany

Telefon: +49 (0)69 58 60 98 37

E-Mail: info@qikfresh.com

You can find further information about the seller in the imprint.

 

11. Information on online dispute resolution

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

 

12. No additional agreements, amendments to the GTC and severability clause

12.1 There are no collateral agreements.

12.2 qikfresh GmbH & Co. KG reserves the right to change these GTC with effect for the future according to the following procedure: The customer will be informed in advance of the intended changes. In addition, the customer will be informed of his right to object. The changes shall be deemed accepted if the customer does not object in text form within two months of the notification of the change. If the customer objects to the change, qikfresh GmbH & Co. KG reserves the right to terminate the contract in case of offer variants with indefinite duration or number of deliveries.

12.3 Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.