Terms and Conditions

General Terms and Conditions of Business

Kegretstore ( kegretstore.de ), address: Mannheimer Str. 14, 30880 Laatzen, Germany (The underlined provisions do not apply to contracts that fall under the Consumer Protection Act.)

 

Scope

1.1 These general terms and conditions apply to all contracts concluded between Kegretstore (hereinafter "KEGRET") and the customer. These provisions also apply to orders placed via the online shop kegretstore.de .

1.2 The customer’s general terms and conditions shall only apply if their validity has been agreed in writing.

 

Conclusion of Contract and General Provisions

2.1 Every order placed by the customer constitutes an offer to purchase. When ordering via the online shop, the customer submits a binding offer to purchase when they click on the "Order and pay" button. KEGRET saves the contract text of the order in the online shop and sends it to the customer at the latest when the order is confirmed (or it can be accessed in the online customer account). Confirmation of acceptance of the order in the online shop is made by sending an automatically generated order acceptance confirmation to the email address provided by the customer. The contract is only concluded if accepted by KEGRET. KEGRET can accept the customer's order within 5 working days of receipt of the order by sending an order confirmation, delivering the goods or issuing a payment request. The acceptance period begins on the first working day after receipt of the customer's order.

2.2 Before the customer places a binding order via the online order form, he can discover any input errors by carefully reading the information displayed on the screen and correct them using the usual keyboard and mouse operations before clicking on the "Order and pay" button. The browser's zoom function (enlargement of the display content) can be used to better detect input errors.

2.3 The contract language is exclusively German.

2.4 The images and product descriptions in the online shop as well as the advertising materials are not binding and are for illustration purposes only. The customer must accept deviations in pattern, surface structure and color due to technical and natural causes.

2.5 KEGRET has the right to engage subcontractors to perform the service.

2.6 Designs, sketches, samples, technical documents, etc. are the intellectual property of KEGRET. The customer does not acquire any usage or development rights of any kind.

2.7 Minor changes to the contractual goods or other changes that are reasonable for the customer are deemed to be approved in advance.

2.8 KEGRET is not obliged to check the goods ordered by the Customer or manufactured according to the Customer's wishes to determine whether they are suitable for the type of use intended by the Customer, nor the accuracy of the instructions, plans and other documents provided by the Customer.

2.9 KEGRET recommends that the ordered goods be installed by a professional company. The installation instructions provided are in principle only suggestions and do not necessarily correspond to the specific conditions of the installation location specified by the customer.

 

Price and Payment Conditions

3.1 Unless otherwise stated, all prices include statutory VAT and not delivery and shipping costs. The price/cost estimates given by KEGRET are not binding. It is agreed that a cost estimate is subject to a fee.

3.2 If a down payment has been agreed, this must be paid immediately after the contract has been concluded. When purchasing on credit, the invoice amount must be paid in full within 14 days of receipt of the invoice, unless otherwise agreed, and the payment must be made in such a timely manner that KEGRET has the money on that day. When purchasing on credit via the online shop, the current payment processing takes place via "Shopify Payments" in accordance with the general terms and conditions of "Shopify Payments".

3.3 The goods ordered via the online shop must be paid for according to the selected payment method.

3.4 Obtaining a discount requires a separate written agreement.

 

Late Payment

4.1 If the customer defaults on payment or if the customer's financial situation is such that KEGRET's claims no longer appear sufficiently secured (opening of insolvency proceedings or rejection of the application for the opening of insolvency proceedings due to insufficient assets, approval of enforcement proceedings due to non-fulfillment of the payment obligation), KEGRET has the right to declare all outstanding claims immediately due and at the same time to stop further deliveries.

4.2 In the event of late payment, any agreed discount agreement shall expire, even in the case of agreed installment payments. In the event of late payment, KEGRET has the right to demand the statutory interest for late payment. In addition, the customer is obliged to reimburse KEGRET for all reminder letter and legal costs required for a reasonable claim that are in reasonable proportion to the outstanding claims.

4.3 The customer waives the right to set-off. The filing of a claim does not entitle the customer to retain the invoice amount.

 

Change of Service

5.1 Subsequent changes, additional orders and supplementary orders entitle KEGRET to increase the costs accordingly (in any case at least to a reasonable amount) even without a separate (written) order or prior cost warning. This also applies to additional costs caused by the customer.

5.2 If the order is not executed within 2 months of the conclusion of the contract and changes occur as a result of subsequent performance of the contract or as a result of circumstances that KEGRET cannot foresee and/or for which KEGRET cannot bear responsibility (in particular, an unforeseen sharp increase in material prices), KEGRET has the right to recalculate the costs of execution.

 

Delivery and Shipping Conditions

6.1 Unless otherwise stated, prices do not include shipping and delivery costs. Shipping costs depend on the agreed shipping method, the destination address and the contents of the order.

6.2 In the case of delivery by freight, unless otherwise agreed, the goods will be delivered to the delivery address free of charge and without collection. The customer is responsible for ensuring that the specified delivery address can be accessed without hindrance and that the goods are collected immediately and promptly.

6.3 The delivery period is only binding if KEGRET has expressly guaranteed this in writing.

6.4 Any unforeseen, extraordinary event or event for which KEGRET is not responsible (natural disasters, strikes, epidemics, government measures, interruption of material supplies, other acts of violence, etc.) shall entitle KEGRET to extend the agreed delivery period by at least 2 months from the date on which the disruption ceases or to terminate the contract in whole or in part.

6.5 KEGRET has the right, in consultation with the customer in individual cases and to the extent reasonable for the customer, to make partial deliveries.

6.6 If collection by the Customer is agreed, the Customer must collect the ordered goods on the agreed collection date or within 14 working days of receiving notification that the goods are ready for collection. Failure to do so will result in the legal consequences described in point 6.8.

6.7 Upon delivery of the goods, their completeness must be checked.

6.8 The Customer is obliged to receive the goods provided under the Agreement at the agreed time (either by himself or through his representative). If the Customer does not receive the goods provided under the Agreement in accordance with the Agreement or if, for reasons attributable to him, he does not meet the agreed delivery or completion time or the delivery fails (the Customer refuses to accept the goods), KEGRET has the right to require the Customer to pay for the goods in full and to store the goods (for a fee of 5% of the net order amount per week) and to deliver them again at the Customer's expense and risk or to leave the ordered goods at the agreed delivery address. In consumer contracts, leaving the goods at the delivery address is only permitted if a storage permit is granted. In this case, KEGRET is not liable for loss or damage to the goods. At the same time, KEGRET has the right to demand that the contract be continued or, after granting the Customer a reasonable grace period of at least 2 weeks, to terminate the contract and dispose of the goods in another way. This also applies to partial deliveries.

6.9 The costs of returning the ordered goods are to be borne by the customer (for deliveries by freight and DHL two-man delivery a minimum of 300 euros is assumed). The customer has the responsibility to ensure that the goods are properly returned to KEGRET and the risk of return is borne by the customer.

 

Retention of Title

7.1 All goods are delivered subject to retention of title. The goods remain the property of KEGRET until all outstanding claims have been settled in full and title is not lost by the installation of the goods.

7.2 In the event of the exercise of the right of retention of title, the Customer hereby authorizes KEGRET to regain possession of the Goods without judicial intervention and, in order to achieve this purpose, the Customer grants KEGRET free access to the Goods at all times.

 

Warranty and Compensation

8.1 In the event of the loss of other grounds for claims, the customer must immediately check each delivery for obvious defects (in any case before installation or further processing) and describe the defects discovered in writing in detail without delay (within 10 days at the latest). Even if KEGRET does not raise the objection out of court that the customer did not submit the complaint in a timely manner, KEGRET can refer to this objection in the event of a dispute.

8.2 In the event of loss of other grounds for claim, an objection must be raised immediately in the case of hidden defects, provided that the objection is raised within the warranty period.

8.3 KEGRET may, at its discretion, satisfy the warranty claims by repair, exchange or price reduction. The customer waives the right to terminate the contract. The repair will be carried out by KEGRET either at the place of delivery or in the workshop.

8.4 In the case of goods that can be used on both sides, a slight irregularity (scratches, etc.) on one side only is not a defect within the meaning of the guarantee if there is no impairment of the technical performance.

8.5 The statutory warranty provisions apply to consumers.

8.6 Claims for damages against KEGRET for property damage and financial losses will not be entertained unless KEGRET has acted with gross negligence or intent. The amount of the claims for damages is limited to the value of the goods delivered (partial deliveries). KEGRET is not liable for purely financial losses. This also applies to all protective provisions before the conclusion of the contract, such as the duty to warn or the duty to inform. The customer must prove that KEGRET has acted with gross negligence or intent.

 

Data Protection

9.1 The customer agrees that his personal data will be stored and processed in order to achieve the purposes stated in the privacy policy (available at https://58rdna-1u.myshopify.com/pages/datenschutzerklarung ). Express reference is made to the separate privacy policy.