Terms and Conditions
General Terms and Conditions with
customer information
Table of contents
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to specific specifications
the customer
9. Redemption of promotional vouchers
10. Redemption of gift vouchers
11. Applicable Law
12. Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Kjavik GmbH
(hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that are
Consumer or entrepreneur (hereinafter "Customer") with the Seller regarding
the seller in his online shop
The inclusion of own
Conditions of the customer are contradicted, unless otherwise agreed.
1.2 These Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, provided
unless otherwise provided.
1.3 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction
for purposes which are predominantly neither commercial nor
can be attributed to self-employed professional activity.
1.4 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or
a partnership with legal capacity, which, when concluding a legal transaction in
exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online shop represent
do not constitute binding offers on the part of the seller, but serve to submit
a binding offer by the customer.
2.2 The customer can use the offer via the integrated in the online shop of the seller
Online order form. The customer, after having selected the
Goods are placed in the virtual shopping cart and the electronic ordering process
by clicking the button that completes the order process.
legally binding contract offer in relation to the items contained in the shopping cart
goods off.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the customer a written order confirmation or a
Order confirmation will be sent 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
is relevant to the customer, or
- by requesting payment from the customer after placing his order.
If several of the above alternatives apply, the contract is concluded in the
time at which one of the aforementioned alternatives occurs first. The deadline
to accept the offer begins on the day after the offer is sent by
the customer and ends with the expiry of the fifth day, which is
Sending of the offer follows. If the seller accepts the customer’s offer within
If the customer does not accept the offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that
the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, the
Payment processing via the payment service provider PayPal (Europe) S.à rl et Cie,
SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), under
Validity of 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 and conditions for payments
without a PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by
a payment method offered by PayPal that can be selected during the online ordering process,
The seller hereby declares the acceptance of the customer’s offer in the
Time at which the customer clicks the button which initiates the order process
completes.
2.5 If you select the payment method "Amazon Payments", the payment will be processed
via the payment service provider Amazon Payments Europe sca, 38 avenue John F.
Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon
Payments Europe Terms of Use, available at
https://payments.amazon.de/help/201751590. If the customer selects the payment option
If he selects “Amazon Payments” as the payment method during the ordering process, he gives his consent by clicking on the
The button that completes the order process also sends a payment order to
Amazon. In this case, the seller hereby declares acceptance of the offer of the
Customer at the time when the customer completes the order process by clicking on the
final button triggers the payment process.
2.6 When submitting an offer via the Seller’s online order form,
the contract text is stored by the seller after the conclusion of the contract and sent to the customer
after sending the order in text form (e.g. e-mail, fax or letter)
Any further disclosure of the contract text by
The seller does not make any payment. If the customer makes a payment before sending his order,
has set up a user account in the seller’s online shop, the order data
archived on the seller's website and can be accessed by the customer via his
password-protected user account with the corresponding login data
can be accessed free of charge.
2.7 Before submitting the binding order via the online order form of the
Seller, the customer can avoid possible input errors by carefully reading the
information displayed on the screen. An effective technical means
For better detection of input errors, the magnification function of the
Browser, which helps to enlarge the display on the screen. Its
The customer can make entries within the electronic ordering process via
correct the usual keyboard and mouse functions until he clicks the button,
which completes the ordering process.
2.8 The German language is available for the conclusion of the contract.
2.9 Order processing and contact are usually carried out by email and
automated order processing. The customer must ensure that the
The email address provided for order processing is correct, so that
Address where emails sent by the seller can be received.
In particular, when using SPAM filters, the customer must ensure that all
by the seller or by third parties commissioned by the seller to process the order
sent emails 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 cancellation policy
of the seller.
4) Prices and payment terms
4.1 Unless otherwise stated in the Seller’s product description,
The prices indicated are total prices which include the statutory
VAT included. Any additional delivery and
Shipping costs are specified separately in the respective product description.
4.2 The payment option(s) will be provided to the customer in the online shop of
Seller's information.
4.3 If advance payment by bank transfer is agreed, payment is due immediately after
conclusion of the contract, unless the parties agree on a later due date
have.
4.4 When selecting a payment method offered via the payment service “PayPal”
Payment is processed via PayPal, whereby PayPal also uses the services
third party payment service provider. If the seller also uses PayPal
offers payment methods where he makes advance payments to the customer (e.g.
purchase on account or payment in installments), he assigns his payment claim to PayPal
or to the person appointed by PayPal and specifically named to the customer
Payment service provider. Before accepting the seller’s declaration of assignment,
PayPal or the payment service provider commissioned by PayPal using the
The seller reserves the right to
the customer the selected payment method in case of a negative test result
If the selected payment method is accepted, the customer has to
Invoice amount within the agreed payment period or within the agreed
In this case, he can only pay to PayPal or the
PayPal commissioned payment service provider with debt-discharging effect. The
However, even in the event of assignment of claims, the seller remains responsible for general
Customer inquiries e.g. regarding goods, delivery times, shipping, returns, complaints,
Cancellation notices and returns or credit notes.
4.5 If you select the payment method “SOFORT”, the payment will be processed via the
Payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter
“SOFORT”). In order to pay the invoice amount via “SOFORT”, the
Customer has an online banking account activated for participation in “SOFORT”
have the necessary identification during the payment process and
Confirm the payment order to “SOFORT”. The payment transaction will
immediately afterwards by “SOFORT” and the customer’s bank account
The customer can find more information about the payment method “SOFORT” on the Internet
at https://www.klarna.com/sofort/.
4.6 When selecting a payment method offered via the payment service "Shopify Payments"
Payment method, payment processing is carried out via 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 through Shopify Payments
Payment methods are communicated to the customer in the seller’s online shop.
To process payments, Stripe may use other payment services for which
Special payment terms may apply, to which the customer may be informed separately
Further information on "Shopify Payments" is available on the Internet at
https://www.shopify.com/legal/terms-payments-de.
4.7 When selecting a payment method offered via the payment service "mollie"
Payment is processed via the payment service provider Mollie BV, Keizersgracht
313, 1016 EE Amsterdam, Netherlands (hereinafter: “mollie”). The individual
The payment methods offered by mollie are presented to the customer in the seller’s online shop
To process payments, mollie may use other payment services
which may be subject to special payment terms to which the customer may be entitled.
Further information about "mollie" is available on the Internet at
https://www.mollie.com/de/ available.
4.8 When selecting a Ratepay payment method offered by the seller (e.g. Ratepay-
Invoice, Ratepay prepayment, Ratepay direct debit, Ratepay installment payment) the
Payment processing via Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin
(hereinafter “Ratepay”), to which the Seller shall pay its claim against the Customer
Which Ratepay payment methods the seller offers in detail will be
Customers are informed on the seller’s website. The customer can only pay Ratepay with
However, the seller remains responsible for general
Customer inquiries (e.g. regarding goods, delivery times, shipping, returns, complaints,
declarations of revocation and sending of revocations or credit notes). In all other respects, the
General payment terms and conditions of Ratepay, which can be accessed here:
https://www.ratepay.com/legal-payment-terms/
4.9 When selecting a payment method offered via the payment service "VR Payment"
Payment processing is carried out via the payment service provider VR Payment GmbH,
Saonestraße 3a, 60528 Frankfurt am Main, Germany (hereinafter: “VR Payment”).
The individual payment methods offered via VR Payment are shown to the customer in
The seller’s online shop will be informed. To process payments, VR
Payment use the services of third-party payment service providers, for which special
Terms of payment apply, to which the customer may be informed separately.
Further information on "VR Payment" is available on the Internet at https://www.vrpayment.
de/onlinehandel#article-878.
4.10 When selecting a payment method offered via the payment service “Adyen”
Payment processing is carried out via the payment service provider Adyen NV, Simon
Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands (hereinafter: “Adyen”). The
The individual payment methods offered by Adyen are shown to the customer in the online shop
of the seller. To process payments, Adyen may use the services
third-party payment service providers, for which special payment conditions may apply
apply, which the customer may be informed of separately. Further information on
"Adyen" is available on the Internet at https://www.adyen.help/hc/de.
4.11 When selecting a payment method offered via the payment service “Unzer”
Payment processing is carried out via the payment service provider Unzer GmbH,
Vangerowstraße 18, 69115 Heidelberg, Germany (hereinafter: “Unzer”). The
The individual payment methods offered by Unzer are shown to the customer in the online shop
of the seller. To process payments, Unzer may use the services
third-party payment service providers, for which special payment conditions may apply
apply, which the customer may be informed of separately. Further information on
"Unzer" are available on the Internet at https://www.unzer.com/de/zahlungsmethoden/.
4.12 When selecting a payment method offered via the payment service “Stripe”
Payment processing is carried out via 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 presented to the customer in
The seller’s online shop will be informed. Stripe may use the payment processing
other payment services, for which special payment conditions may apply
apply, which the customer may be informed of separately. Further information on
Stripe can be found on the Internet at https://stripe.com/de.
4.13 When selecting a payment method offered via the payment service "Klarna"
Payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34
Stockholm, Sweden (hereinafter “Klarna”). Further information and the
Klarna’s terms and conditions can be viewed here:
www.kjavik.com /payment
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery will take place within
of the delivery area specified by the seller to the address specified by the customer
Delivery address, unless otherwise agreed. When processing the transaction
The delivery address specified during the order processing by the seller is decisive.
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 with regard to the costs of delivery if the customer
The return costs shall apply in the event of effective exercise of the right of withdrawal.
of the right of withdrawal by the customer in the cancellation policy of the seller
regulation adopted in this regard.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and
the accidental deterioration of the goods sold to the customer as soon as the
Seller shall hand the goods over to the forwarding agent, carrier or other person responsible for carrying out the
The customer has delivered the goods to a specific person or institution. If the customer acts as
Consumer, the risk of accidental loss and accidental
Deterioration of the goods sold only occurs when the goods are handed over to the
Customer or an authorized person. Deviating from this, the
Risk of accidental loss and accidental deterioration of the goods sold
Goods are transferred to the customer, even in the case of consumers, as soon as the seller
Item to the forwarding agent, the carrier or the person otherwise responsible for carrying out the shipment
has delivered the goods to a specific person or institution, if the customer has informed the carrier,
Carrier or other person designated to carry out the shipment or
Institution is commissioned to carry out the work and the Seller informs the Customer of this person or
institution has not previously named.
5.4 The Seller reserves the right to refuse delivery in the event of incorrect or
This only applies to the
In the event that the non-delivery is not the responsibility of the seller and the seller is
with due care, a specific hedging transaction was concluded with the supplier
The seller will make all reasonable efforts to
In case of non-availability or only partial availability of the
The customer will be informed immediately and the consideration will be paid immediately
refunded.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes advance payments, he reserves the right to withhold payment until the
ownership of the delivered goods remains with us until the purchase price owed has been paid.
7) Liability for defects (warranty)
Unless otherwise stated in the following regulations, the
The provisions of the statutory liability for defects apply. The following applies to contracts for
Delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defects is one year from delivery of the
Goods;
- in the case of used goods, the rights and claims due to defects
excluded;
- the limitation period does not start again if, within the scope of liability for defects,
Replacement delivery will be made.
7.2 The liability limitations and time limits set out above apply
not
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods which, in accordance with their usual use, are intended for a building
have been used and have caused its defectiveness,
- for any existing obligation of the seller to provide
Updates for digital products, for contracts for the supply of goods with
digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for
any existing statutory right of recourse remains unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to commercial
Inspection and complaint obligation according to § 377 HGB. If the customer fails to comply with the
regulated notification obligations, the goods are deemed to be approved.
7.5 If the customer acts as a consumer, he is requested to inspect delivered goods with
to complain about obvious transport damage to the deliverer and to inform the seller
If the customer does not do so, this will have no effect on
Effects on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain
customer specifications
8.1 If, according to the content of the contract, the Seller owes in addition to the delivery of the goods
The customer also has the right to process the goods according to specific customer specifications.
the seller all content required for processing such as texts, images or
Graphics in the file formats, formatting, image and
file sizes and to grant him the necessary usage rights
The procurement and acquisition of rights to this content is the sole responsibility of
The customer declares and assumes responsibility for
that he has the right to use the content provided to the seller. He bears
in particular, ensure that no third-party rights are violated,
in particular copyright, trademark and personality rights.
8.2 The customer shall indemnify the seller against any claims by third parties arising from
connection with a violation of their rights through the contractual use
of the customer's contents by the seller against the customer.
The customer also assumes the necessary costs of legal defense
including all court and attorney fees at the statutory rate. This does not apply,
if the customer is not responsible for the infringement. The customer is
obliged to inform the seller immediately in case of a claim by third parties,
to provide truthfully and completely all information necessary for the
Examination of the claims and a defense are necessary.
8.3 The Seller reserves the right to refuse processing orders if the
Content provided to the customer for this purpose violates legal or official prohibitions or
violate common decency. This applies in particular to the transfer
anti-constitutional, racist, xenophobic, discriminatory,
offensive, harmful to minors and/or content that glorifies violence.
9) Redemption of promotional vouchers
9.1 Vouchers issued by the Seller as part of promotional campaigns with a
issued free of charge for a specific period of validity and which are
cannot be purchased (hereinafter "promotional vouchers"), can only
in the seller's online shop and only during the specified period.
9.2 Individual products may be excluded from the voucher promotion if
a corresponding restriction arises from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before the order process is completed.
Subsequent billing is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must be at least equal to the amount of the promotional voucher.
Any remaining balance will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order,
To settle the difference, one of the other options offered by the seller
payment methods can be selected.
9.7 The balance of a promotional voucher will not be paid out in cash or
interest.
9.8 The promotional voucher will not be refunded if the customer does not
Promotional voucher, fully or partially paid goods within the scope of its legal
right of withdrawal.
9.9 The promotional voucher is only for use by the person named on it
Transfer of the promotional voucher to third parties is excluded. The
Seller is entitled, but not obliged, to prove the material entitlement
of the respective voucher holder.
10) Redemption of gift vouchers
10.1 Vouchers purchased through the Seller’s online shop
(hereinafter "gift vouchers") can only be purchased in the online shop of
Seller's voucher, unless otherwise stated in the voucher.
10.2 Gift vouchers and remaining balances of gift vouchers are valid until
Redeemable at the end of the third year after the year of purchase of the voucher. Remaining balance
will be credited to the customer until the expiration date.
10.3 Gift vouchers can only be redeemed before completion of the order process
Subsequent billing is not possible.
10.4 Multiple gift vouchers can be redeemed in one order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase
of additional gift vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order,
can use one of the other options offered by the seller to settle the difference
offered payment methods can be selected.
10.7 The balance of a gift voucher will not be paid out in cash or
interest.
10.8 The gift voucher is only for use by the person named on it.
Person. Transferring the gift voucher to a third party is
excluded. The seller is entitled, but not obliged, to
to check the eligibility of the respective voucher holder.
11) Applicable law
All legal relationships between the parties shall be governed by the law of the Federal Republic of
Germany, excluding the laws on the international sale of movable
Goods. For consumers, this choice of law applies only to the extent that the granted
Protection by mandatory provisions of the law of the country in which the consumer
has his habitual residence.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform on the Internet at the following link for
online dispute resolution: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes
from online sales or service contracts involving a consumer.
12.2 The Seller is obliged to participate in a dispute settlement procedure before a
Consumer arbitration board is neither obliged nor willing to do so.