AGB & Data Protection

Scope of Application

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These General Terms and Conditions apply to contractual legal relationships between Kiwii and its customers in connection with the Kiwii offers in the online shop. The submission of an order includes the customer's acceptance of these terms and conditions.

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These provisions are conclusive. Any provisions of the customer deviating from these regulations are expressly contradicted. There are also no agreements beyond these regulations. Such agreements require written form for their effective inclusion.

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Contract

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Products and services offered by Kiwii in the online shop are non-binding invitations to the customer to submit an offer. Insofar, the specifications and details of the products and services offered by Kiwii are non-binding and not binding.

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A contract is concluded when Kiwii confirms an order and/or an offer from the customer by:

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·        Sending a written order confirmation or order confirmation in text form to the customer, 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 payment from the customer after the customer has placed an order.

 

If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first.

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Prices

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The statutory value-added tax is included in the declared sales prices. Our price information is subject to change without notice, errors excepted. Misprints in catalogs, price lists, socialmedia postings such as Instagram or Tiktok, special action sheets or incorrect prices in the online shop do not entitle to claims for damages.

 

Price changes will be communicated to you as soon as possible.

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Payment Terms

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Various payment options are available to the customer, which are specified in the online shop. If advance payment is agreed, payment is due immediately after the contract is concluded.

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If the payment method "PayPal or Klarna" is selected, the payment processing is carried out by the payment service provider PayPal (Europe) or  Klarna (Europe) subject to the PayPal or Klarna terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or https://www.klarna.com/international/terms-and-conditions/. This requires, among other things, that the customer opens a PayPal or Klarna account or already has such an account.

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Delivery and Shipping Terms

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We deliver within Europe. The use and risk of the products pass to the customer upon delivery to the transport company responsible for their transportation. Our products are usually in stock and we deliver quickly. Goods are regularly delivered by shipping to the delivery address specified by the customer during the order process. If the shipping company returns the shipped goods to Kiwii because delivery to the customer was not possible, the customer will bear the costs of the unsuccessful shipping. Self-collection is not possible for logistical reasons.

 

The customer is obliged to check the delivered goods for any defects for which Kiwii provides a warranty and to report them immediately in writing by letter or email. If, upon inspection of the returned goods by Kiwii, it is determined that the goods have no discernible defects or that they do not fall under the manufacturer's warranty, Kiwii may charge the customer for the expenses incurred, including the return shipping or disposal costs.

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Reservation of ownership

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The goods remain the property of Kiwii until full payment has been received.

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Right of withdrawal / Cancellation policy

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The customer has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the customer or a third party designated by the customer, other than the carrier, takes possession of the goods. However, the period shall not begin until the purchase contract has become binding for the customer upon approval of the purchased item. To exercise the right of withdrawal, the customer must inform Kiwii of the decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email).

 

To comply with the withdrawal period, it is sufficient for the customer to send the notice of exercise of the right of withdrawal before the withdrawal period expires. Consequences of withdrawal: If the customer withdraws from this contract, Kiwii shall reimburse all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by Kiwii), immediately and no later than fourteen days from the day on which Kiwii received notice of the customer's withdrawal from this contract. Kiwii will use the same means of payment for this refund as the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no event will the customer be charged any fees for this refund.

 

Kiwii may withhold the refund until it has received the goods back or until the customer has provided evidence that the goods have been returned, whichever is earlier. The customer must return or hand over the goods to Kiwii immediately and in any event no later than fourteen days from the day on which the customer notified Kiwii of the withdrawal from this contract. The deadline is met if the customer sends the goods before the expiry of the fourteen-day period.

 

The customer shall bear the direct costs of returning the goods. The customer shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
 

Exclusion/expiration of the right of revocation

The right of revocation does not exist according to § 312g para. 2 BGB, among other things, in contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. personalized items) and it expires prematurely in contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their sealing has been removed after delivery.

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Data protection

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To process inquiries and process orders, Text?

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Jurisdiction

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Our business activity is based on Swedish law. The exclusive place of jurisdiction and place of performance for all claims in connection with the business relationship is the registered office of Kiwii. However, Kiwii reserves the right to sue in the general place of jurisdiction of the purchaser.

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Severability clause

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If individual provisions of these general terms and conditions are wholly or partially ineffective or contain a gap, the effectiveness of the other provisions shall not be affected. The defective or incomplete provision shall be replaced by one that comes as close as possible to the economic and legal sense of the defective provision, but is effective and/or complete.