These terms and conditions apply to all purchases at KalkKind-Manufaktur GbR made by private customers.
Private customers in this sense are people with their place of residence and delivery address in the Federal Republic of Germany, insofar as the goods they have ordered cannot be attributed to their commercial or independent professional activity.
Prices and shipping costs
The awarded prices are final prices incl. Value added tax. The amount that is shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the goods you have ordered. You can find out more about the details at. We shall bear the regular costs of the return, which arise in the event that you return the goods while exercising your right of withdrawal. If you exercise your right of withdrawal, we will also reimburse you for the shipping costs.
Payment is made on delivery by means of
If you are in default of payment, KalkKind-Manufaktur GbR is entitled to charge default interest of 5 percentage points above the base rate announced by the Deutsche Bundesbank for the time of the order. If KalkKind-Manufaktur GbR demonstrably incurred higher damage caused by delay, KalkKind-Manufaktur GbR is entitled to assert this.
Right of retention
The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
(1) Delivery is made to the delivery address specified by the customer within
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, KalkKind-Manufaktur GbR is not obliged to perform. KalkKind-Manufaktur GbR will immediately reimburse amounts already paid.
(3) KalkKind-Manufaktur GbR can also refuse the service if this requires an effort that is grossly disproportionate to the customer’s interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the principles of good faith. KalkKind-Manufaktur GbR will immediately reimburse amounts already paid.
(4) Bulky goods (packages with a volume greater than 1 square meter) are usually delivered by a forwarding agent. KalkKind-Manufaktur GbR expressly points out that these goods are not carried into the house.
Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged by an opening for a functional test.
(2) Please use the fully franked and addressed return label enclosed with the delivery of goods to return the goods. It is the easiest and cheapest shipping option. You have no obligation to use this return process. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the higher costs than a cheaper shipping method.
Retention of title
The delivered goods remain the property of KalkKind-Manufaktur GbR until all claims against the customer from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not contractually allow third parties to use the goods.
(1) KalkKind-Manufaktur GbR will replace a defective product or have it professionally repaired (supplementary performance) at the customer’s option at the expense of KalkKind-Manufaktur GbR if a product is already defective upon delivery (warranty case). The customer’s attention is drawn to the fact that there is no warranty case if the product was of the agreed quality when the risk passed. A warranty case does not exist in the following cases in particular:
a) in the event of damage caused to the customer by misuse or improper use,
b) in the event of damage caused by the customer’s products being exposed to harmful external influences (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
(2) KalkKind-Manufaktur GbR also provides no guarantee for a fault that has arisen as a result of improper repairs by a service partner who is not authorized by the manufacturer.
(3) Requires the type desired by the customer the supplementary performance (replacement delivery or repair) is an expense that is grossly disproportionate to the performance interests of the customer in view of the product price, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the purchased item in a defect-free condition, the importance of the In the absence and the question to be taken into account, whether in the other way the subsequent performance can be used without significant disadvantages for the customer – the customer’s claim is limited to the other type the supplementary performance. The right of KalkKind-Manufaktur GbR, also this other kind Refusing subsequent performance under the aforementioned condition remains unaffected.
(4) In the case of repairs as well as in the case of a replacement delivery, the customer is obliged to send the product to the return address provided by KalkKind-Manufaktur GbR at the expense of KalkKind-Manufaktur GbR, stating the order number. Before submitting the product, the customer must remove any objects he has inserted. KalkKind-Manufaktur GbR is not obliged to examine the product for the installation of such objects. KalkKind-Manufaktur GbR is not liable for the loss of such objects, unless it was immediately apparent to KalkKind-Manufaktur GbR when the product was taken back that such an object had been inserted into the product (in this case KalkKind-Manufaktur GbR informs the customer and keeps the item ready for the customer to pick up; the customer bears the costs incurred). Before sending in a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software, the applications and all data on the product on a separate data carrier and deactivate all passwords. Liability for data loss is not taken. It is also the responsibility of the customer to install the software and data and reactivate the passwords after the repaired product or the replacement product has been returned.
(5) If the customer sends in the goods in order to receive an exchange product, the return of the defective product is based on the following stipulation: If the customer was able to use the goods in a defect-free condition between delivery and return, they have the value of the ones they took Reimbursement of uses. For any loss or further deterioration of the goods that was not caused by the defect and for the impossibility of surrendering the goods in the period between delivery of the goods and the return of the goods, the customer must pay compensation. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in the event of a warranty claim,
a) if the defect justifying withdrawal only became apparent during processing or redesign,
b) if KalkKind-Manufaktur GbR is responsible for the deterioration or the downfall or if the damage would also have occurred at KalkKind-Manufaktur GbR,
c) if the deterioration or the downfall has occurred to the customer, although the customer has observed the care that he is used to in his own affairs.
(6) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible is based on the statutory provisions.
(7) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time.
(8) In addition, there may be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.
(9) KalkKind-Manufaktur GbR’s statutory warranty ends two years from delivery of the goods. The deadline starts once goods are received.
(1) In the case of slight negligence, KalkKind-Manufaktur GbR is only liable in the event of a breach of essential contractual obligations and limited to the foreseeable damage. This restriction does not apply to injury to life, limb and health. KalkKind-Manufaktur GbR is not liable for other slightly negligent damage caused by a defect in the purchased item.
(2) Regardless of any fault on the part of KalkKind-Manufaktur GbR, KalkKind-Manufaktur GbR’s liability for fraudulent concealment of the defect or the assumption of a guarantee remains unaffected. The manufacturer’s guarantee is a guarantee from the manufacturer and does not represent an assumption of a guarantee by KalkKind-Manufaktur GbR.
(3) KalkKind-Manufaktur GbR is also responsible for the accidental impossibility of delivery during their delay, unless the damage would have occurred even if delivery had been made on time.
(4) The personal liability of the legal representatives, vicarious agents and employees of KalkKind-Manufaktur GbR for damage caused by them through slight negligence is excluded.
The contract concluded between you and KalkKind-Manufaktur GbR is subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the UN sales law. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
Place of jurisdiction
If, contrary to your information when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after signing the contract or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship[Sitz des Betreibers des Online-Shops] .
General information requirements for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act):
The European Commission provides a platform for online dispute resolution, which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, this shall not affect the effectiveness of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.
(2) Changes or additions to this contract must be made in writing.