Terms and Conditions
These terms and conditions shall apply on an exclusive basis to all offers, order confirmations, agreements, deliveries and services of kemb GmbH (hereinafter referred to as kemb) in connection with customers of the online store of kemb. Any agreements deviating from these terms and conditions shall only be binding if they were concluded in writing. This shall also apply to waiving the written formal requirement when concluding an agreement.
2. Contractual partner
The purchase agreement shall come into effect with kemb GmbH, Ulrichtstr 74, 60433 Frankfurt am Main, Germany, registered in the commercial register at the local court of Frankfurt am Main under HRB 107120. If you have any questions or complaints or if you would like to request a refund, you can reach our customer service on weekdays from 9 a.m. to 5 p.m. by phone on +49 (0) 69 770 44 510 or by email at contact@caraandgrace.
3. Offer and conclusion of the Agreement
3.1 The depictions of the products in the online store do not represent a legally binding offer, but rather an invitation to place an order. Subject to errors. Our products shall only be sold in common household quantities for private use.
3.2 The offer of our webshop is only directed exclusively towards buyers with the age of 18 or older.
3.3 By clicking on the “PLACE ORDER” button, you are submitting a binding order for the goods listed on the order page (§ 145 BGB). Right after submitting your binding order you receive an automatically generated e-mail with which we acknowledge the receipt of your order (confirmation of receipt). This confirmation of receipt does not constitute the acceptance of your order yet. A purchase agreement is not constituted by the confirmation of receipt.
The purchase agreement shall come into effect if we accept your order by means of an order confirmation by email, latest, however, when we ship your order. The purchase agreement shall come into effect only through an explicit statement or when an order is shipped.
The purchase agreement shall come into effect if we accept your order by means of an order confirmation by email within two days. If payment is made in advance, the contract shall be accepted without a separate order confirmation being sent.
3.4 kemb reserves the right to cancel a purchase agreement in the following situations, without the obligation to compensate the buyer for any losses other than a refund of the amount received from the buyer:
- we could not deliver to the address provided by you;
- in exceptional circumstances where the product appears to be not available or not in stock after we have sent you an order confirmation
- in exceptional circumstances where a pre ordered product can not be produced anymore;
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- in the event of misspelling, pricing or other errors or mistakes in the website information;
3.5 Governing language of the purchase agreement shall be German. The German wording shall prevail, the English wording is a mere convenience translation. You can find the German wording here.
4. Cancellation right
4.1 Customers have a 14-day cancellation right. Customers are natural persons (i.e. people, not companies or associations) who order kemb products for a purpose not attributable to their commercial or independent professional activities.
The following cancellation policy shall apply to these people:
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (kemb GmbH, Ulrichstr. 74, D-60433 Frankfurt am Main, Germany, Tel.: +49 (0) 69 770 44 510, E-Mail: email@example.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you , including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of the cancellation policy
4.2 Exclusion and/or premature expiration of the right to cancel: The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications ore are clearly personalized. The right of cancellation expires prematurely for contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
4.3 Please avoid damage and contamination. If possible, please return the article in its original packaging with all accessories and packaging components. If applicable, please use protective outer packaging. Please ensure the articles are afforded sufficient protection against transport damage with suitable packaging; this will avoid claims for damage caused by defective packaging.
4.4 Please send the articles to us as a postage-paid package and keep the proof of delivery.
4.5 Please contact the Cara & Grace customer service at firstname.lastname@example.org and request a returns label and attach it to a visible space on the package.
4.6 Please note that the steps described in 4.2 to 4.4 are not criteria for successfully exercising your cancellation right.
4.7 Duty to pay costs: If you exercise your right to cancel, you will not have to pay for return shipping.
5. Prices and shipping costs
5.1 The prices indicated on the product pages include statutory VAT and other price components, but do not include shipping.
5.2 In addition to the prices indicated, we charge shipping costs for delivery. The shipping costs shall be clearly indicated to you on the product pages, in the basket system and again on the order page.
6.1 Articles shall only be delivered to defined countries.
Currently we deliver with the shipping company DHL or DPD to the following countries (as of July 2018):
- Czech Republic
- United Kingdom
6.2 The information in the basket on the online store shall apply to the delivery time. For items marked for pre order the delivery time can deviate from the information provided.
6.3 If not all of the products ordered are in stock, we shall be entitled to carry out partial deliveries at our own expense, insofar as this is reasonable for you.
6.4 If, as a result of your culpability, delivery of the goods should fail in spite of three delivery attempts, we shall be able to withdraw from the Agreement. Any payments rendered shall be immediately reimbursed to you.
7.1 You can choose to render payment either by direct wire transfer, by direct debit, by credit card or via PayPal.
7.2 The selection of available payment options is up to us. We reserve the right, in particular, to offer you only a limited number of payment methods for example only direct wire transfer to limit our credit risk.
7.3 When you choose to pay in advance, we will provide our bank details in the order confirmation and shall deliver the goods upon receipt of payment. For payments in advance, the invoice amount is to be transferred to our account within ten days. If payment is made by credit card, your account will be charged right away with submitting your order.
7.4 Payment by PayPal; If you select PayPal as the payment type, to pay the invoice amount you must either be a registered user or you’ll need to register first and verify your identity using your access credentials. PayPal will automatically make the payment transaction immediately after the payment instruction has been confirmed.
7.5 Payment by PayPal Plus (Direct Debit, invoice, credit card): The PayPal PLUS service offers you a range of payment options as a PayPal service. You will be forwarded to PayPal’s site, where you can enter your payment details as well as confirm the use of your data by PayPal and the payment instruction to PayPal. Further instructions will be provided to you during the order process.
- If you select Direct Debit as the payment type, you do not need to be registered with PayPal to pay the invoice amount. By confirming the payment instruction, you give a Direct Debit mandate to PayPal. PayPal will inform you about the date your account will be debited (prenotification). By submitting the Direct Debit mandate, PayPal will request its bank to initiate the payment transaction immediately after confirmation of the payment instruction. The payment transaction will be performed and your account will be debited. Further instructions will be given during the order process.
- If you select credit card as the payment type, you do not need to be registered with PayPal to pay the invoice amount. Your card issuer will make the payment transaction once requested by PayPal. Your card will be debited immediately after confirmation of the payment instruction, and verification of you as the legal card holder. Further instructions will be given during the order process.
8. Retention of title
The goods shall remain our property until payment is rendered in full.
9. Compensation, retention
The customer is only entitled to compensation if its counterclaims are deemed to have force of law or are undisputed by kemb. In addition, it is only entitled to exercise a right to retention where its counterclaim relates to the same contractual relationship.
10. Limitation of liability
10.1 Regardless of legal grounds, all claims for damages and the reimbursement of costs (hereinafter referred to as ‘Claims for Damages’) of the purchaser against kemb shall be excluded, including due to breach of duty in connection with the agreement, culpability upon conclusion of the agreement, other breaches of duty and tort claims.
10.2 However, the limitation of liability under provision 9.1 shall not apply if the basis of a Claim for Damages is intentional or grossly negligent behaviour by us or one of our representatives, employees or other agents, or damage caused culpably by us or one of our representatives, employees or other agents based on injury to life, limb or health, as well as with regard to the mandatory statutory liability, in particular pursuant to the German product liability act (ProfHaftG), and in the event of a breach of our guarantee commitment. Furthermore, it shall not apply if we or one of our representatives, employees or other agents negligently breach a major contractual duty; in the latter case our liability shall be restricted to the amount of typically foreseeable damage. Otherwise, insofar as liability is not excluded under provision 9.2, the statutory provisions shall apply with regard to the limit of liability.
10.3 Insofar as the liability of kemb to pay damages is excluded or limited, this shall also apply with regard to the personal liability to pay damages of our representatives, employees and other agents.
10.4 The above provisions do not imply any change to the burden of proof to the detriment of the purchaser and do not exclude any claims expressly granted in these general terms and conditions.
11. Warranty provisions
11.1 Unless expressly otherwise agreed the statutory warranty provisions apply (§§ 433 ff. BGB). Statutory warranty claims expire after 2 years.
11.2 Damage due to wear and tear, incorrect use and defective or incorrect care is excluded from the warranty/guarantee. The following is also excluded from the warranty/guarantee:
- damages as a result of improper usage or personal negligence such as scratches, impacts, drops
- failure or damage caused by water (contact with water should generally be avoided)
- failure or damage caused by self conducted repairs or modifications without prior written permission by kemb.
- esthetic changes that occur during normal wear and tear and aging (e.g. changes of the case color and the strap, scratches on the case or crystal and peeling of the plating on the case)
- battery replacement, also during the time of warranty
12.1 The Law of the Federal Republic of Germany applies. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply. Where the customer is a merchant a legal entity under public law or a special public funds, sole jurisdiction for all disputes under this contract lies with the courts covering our registered office in 60433 Frankfurt am Main, Germany. The same applies if the customer has no general place of jurisdiction in Germany, or their place of abode or usual place of residence is not known when proceedings are brought.
12.2 The European Commission has created a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. Consumers have the option to contact the general consumer dispute resolution office of the Zentrum für Schlichtung e. V., Strassburger Str. 8, 77694 Kehl, Germany, with their disputes. We are not obligated to take part in dispute resolution processes before this authority.
12.3 Individual provisions of these Terms and Conditions having no legal effect in part or in whole, or subsequently losing their legal effect, does not otherwise affect the validity of the Terms and Conditions. The statutory provisions take the place of the invalid one. The same applies where the Terms and Conditions contain an unforeseen gap.
-Last updated September 2018-