General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts you conclude with us as the provider (REFRESH Internet GmbH) via the website https://www.kavalio.de . Unless otherwise agreed, the inclusion of any terms you may use is hereby objected to.

(2) Consumers within the meaning of the following regulations are any natural persons who conclude a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. Entrepreneurs are any natural or legal persons or a legally capable partnership who act in the exercise of their self-employed professional or commercial activity when concluding a legal transaction.

§ 2 Accessibility

(1) According to § 14 para. 1 no. 2 in conjunction with Annex 3 no. 1 BFSG, we inform you how our website and our services in electronic commerce meet the accessibility requirements of the relevant regulation (BFSGV). This information is accessible via a separate, appropriately labeled button (e.g., "Accessibility Statement" or similar) on our website and includes in particular:

• a description of the applicable accessibility requirements,
• a general description of the service in an accessible format,
• descriptions and explanations necessary to understand the provision of the service,
• a description of how the service meets the relevant accessibility requirements.

(2) The contact details of the responsible market surveillance authority are as follows:

MLBF (in establishment)
c/o Ministry of Labor, Social Affairs, Health and Equality Saxony-Anhalt
P.O. Box 39 11 55
39135 Magdeburg
Phone: 0391 567-4530
E-mail: MLBF@ms.sachsen-anhalt.de

(3) We use Artificial Intelligence (AI) and special tools if necessary to implement the accessibility requirements on our website. This is intended to accommodate a wide range of possible disabilities, including visual, auditory, physical, linguistic, cognitive, and neurological impairments. Further details can be found under the separate button mentioned in paragraph 1 on our website.

(4) Our website and our services in electronic commerce are accessible if they can be found, accessed, and used by people with disabilities in the usual way, without special difficulty and basically without external help.

(5) The measures to implement accessibility requirements include, for example, clearly recognizable font sizes and sufficient color contrasts, navigation by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (if videos are embedded on the website), easy-to-read and understandable language, compatibility with common screen readers, and adjustable display options for different devices.

§ 3 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there. After clicking the "checkout" or "proceed to order" button (or similar designation) and entering your personal data as well as payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider. If redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data will be displayed as an order overview on the provider's website or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order in the order overview. By submitting the order via the corresponding button ("order with obligation to pay," "buy"/"buy now," "order with charge," "pay"/"pay now," or similar designation), you legally accept the offer, thereby concluding the contract.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automated. You must therefore ensure that the e-mail address you provided to us is correct, that the receipt of e-mails is technically ensured, and in particular that it is not blocked by spam filters.

§ 4 Individually designed goods

(1) You shall provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by e-mail no later than immediately after the conclusion of the contract. Our possible specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also includes the costs of the necessary legal representation in this context.

(3) We do not check the transmitted data for content accuracy and therefore assume no liability for errors.

§ 5 Special agreements on offered payment methods

(1) Payment via "PayPal" / "PayPal Checkout"
If you choose a payment method offered via "PayPal" / "PayPal Checkout," the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. For payment processing, "PayPal" may use additional payment services; if special payment conditions apply, you will be separately informed about them. More information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via "Mollie"
If you choose a payment method offered via "Mollie," the payment processing is carried out by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie"). The individual payment methods via "Mollie" are displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. For payment processing, "Mollie" may use additional payment services; if special payment conditions apply, you will be separately informed about them. More information about "Mollie" can be found at https://www.mollie.com/de.

§ 6 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price has been made.

§ 7 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed about it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 8 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the protection granted by mandatory provisions of the law of the consumer's habitual residence (principle of favorability).

(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, unless you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if the residence or habitual abode is unknown at the time of filing the lawsuit. The right to also bring the case before the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention do not apply explicitly.

 

II. Customer information

1. Identity of the seller

REFRESH Internet GmbH
Garnisonsring 25
57072 Siegen
Germany
Phone: +49 271 3388230
E-mail: service@kavalio.de

We are not willing and not obliged to participate in dispute resolution procedures before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of 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 store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

4. Codes of Conduct

We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

6.1. 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.

6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are separately indicated during the ordering process, and must be borne by you in addition, unless free shipping is promised.

6.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.

6.4. Any costs incurred for money transfer (transfer or exchange rate fees of credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.

6.5. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, payment claims from the concluded contract are due immediately.

7. Delivery conditions

7.1. The delivery conditions, delivery date, and any applicable delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or another person designated to carry out the shipment.

8. Statutory liability for defects

The liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the IT law specialists of Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last updated: 22.10.2024