Legal provider identification:
Kinaree GmbH
Ludwig-Würkert-Str. 16
09405 Zschopau
Germany
Phone: 01722159354
Email: info@kinaree.de
Tax ID number: DE344431334
Tax number: 228/112/00968
Commercial register number: HRB34205
Represented by:
Alexandra Hähnel
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
We have been a member of the FairCommerce initiative since May 23, 2018.
You can find more information on this at www.fair-commerce.de.
Right of withdrawal for the sale of goods
Right of Withdrawal
(A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.)
Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day
- on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, provided that you have ordered one or more goods as part of a uniform order and these are or will be delivered uniformly;
- on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately;
- on which you or a third party named by you, who is not the carrier, has or has taken possession of the last partial shipment or the last item, provided that you have ordered goods that are delivered in several partial shipments or pieces;
In order to exercise your right of withdrawal, you must send a clear declaration to us (Kinaree GmbH, Ludwig-Würkert-Str. 16, 09405 Zschopau, telephone number: 01722159354, email address: info@kinaree.de) by means of a clear declaration (e.g. by post sent letter, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than 14 days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of 14 days has expired.
You bear the direct costs of returning goods that can be sent by parcel post as well as the direct costs of returning goods that cannot be sent by parcel post in the amount of EUR 59.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Reasons for exclusion or expiry
The right of withdrawal does not apply to 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;
- for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
- for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely in the case of contracts
- for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To Alexandra Haehnel, Ludwig-Würkert-Str. 3, 09405 Zschopau, email address: info@kinaree.de:
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) /
the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this is communicated on paper)
- Date
(*) Delete where inapplicable.
General terms and conditions and customer information / data protection declaration
I. General terms and conditions
1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (Alexandra Haehnel) via the etsy internet platform. Unless otherwise agreed, the inclusion of your own terms and conditions, if applicable, is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their independent professional or commercial activity.
2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) If an article is posted by us at etsy, the activation of the offer page at etsy constitutes the binding offer to conclude a contract under the conditions contained in the article page.
(3) The purchase contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the shopping cart. You can use the corresponding button in the navigation bar to call up the shopping cart and make changes there at any time. After selecting the payment method and calling up the page Proceed to checkout or Buy with PayPal, the personal data and the payment method-related data are entered. Finally, all order data is displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal or Sofortüberweisung) as a payment method, you will first be redirected to the website of the provider of the instant payment system. Finally you will be redirected back to etsy on the order overview page.
Before submitting the order, you have the option of checking all the details again on the order overview page, changing them (also via the back function of the Internet browser) or canceling the purchase.
By submitting the order via the corresponding button, you declare legally binding acceptance of the offer, whereby the purchase contract is concluded.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
3 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the previous one retained goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we guarantee, at our option, repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or the other circumstances. In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
- culpably caused damage attributable to us from injury to life, body or health and other damage caused intentionally or through gross negligence;
- as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of legal recourse claims that you have against us in connection with warranty rights.
5 Choice of law
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
1. Identity of the seller
Kinaree GmbH
Ludwig-Würkert-Str. 16
09405 Zschopau
Germany
Phone: 01722159354
Email: info@kinaree.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions of the conclusion of the contract in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the full text of the contract. Before sending the order, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4. Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in the cases in which the delivery takes place in an EU member state, but the payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
Unless another deadline is specified in the respective offer or under the corresponding button, the goods will be delivered within 3-5 days of the conclusion of the contract (if advance payment has been agreed, however, only after the time of your payment instruction).
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
7. Statutory warranty rights
The liability for defects is based on the warranty provision in our General Terms and Conditions (Part I).
last update: 23.10.2019
Data protection
Unless otherwise stated below, the provision of your personal data is neither required by law or contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide has no consequences. This only applies if no other information is given in the subsequent processing operations.
Personal data is all information that relates to an identified or identifiable natural person.
Responsible person
Contact us if you wish. The contact details of the person responsible for data processing can be found in our legal notice.
Collection, processing and transfer of personal data for orders
When you place an order, we only collect and process your personal data insofar as this is necessary to fulfill and process your order and to process your inquiries. The provision of the data is necessary for the conclusion of the contract. Failure to provide the data means that no contract can be concluded. The processing takes place on the basis of Art. 6 Para. 1 lit. b GDPR and is necessary for the fulfillment of a contract with you.
Your data will be passed on, for example, to the shipping companies and dropshipping providers you have chosen, payment service providers, service providers for order processing and IT service providers. In all cases we strictly observe the legal requirements. The amount of data transmission is limited to a minimum.
Merchandise management
Use of an external inventory control system
We use a merchandise management system for contract processing as part of order processing. For this purpose, your personal data collected as part of the order will be sent to
Billbee GmbH, Paulinenstrasse 54, 32756 Detmold
transmitted.
Duration of storage
After the contract has been fully processed, the data is initially stored for the duration of the warranty period, then taking into account statutory, in particular tax and commercial retention periods, and then deleted after the period has expired, unless you have consented to further processing and use.
Rights of the data subject
If the legal requirements are met, you have the following rights according to Art. 15 to 20 GDPR: Right to information, to correction, to deletion, to restriction of processing, to data portability.
In addition, according to Art. 21 Paragraph 1 GDPR, you have the right to object to processing based on Art. 6 Paragraph 1 f GDPR, as well as against processing for the purpose of direct mail.
Right of appeal to the supervisory authority
According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you are of the opinion that your personal data is not being processed lawfully.
Right to object
If the personal data processing listed here is based on our legitimate interest in accordance with Art. 6 Paragraph 1 lit.
to contradict for the future.
After the objection has been made, the processing of the data concerned will be terminated, unless we can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
last update: 07/20/2020
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