Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) These terms and conditions apply to contracts that you conclude with us as the provider (Kiffe Golf Manufaktur GmbH) via the website www.kiffe-golf.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Accessibility
(1) In accordance with Section 14 (1) No. 2 in conjunction with Appendix 3 No. 1 BFSG, we inform you about how our internet presence or our service in electronic business transactions meets the accessibility requirements of the relevant regulation (BFSGV). This information can be accessed via a separate, appropriately labeled button (e.g. "Accessibility Statement" or similar designation) on our internet presence and includes in particular the following points:
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a description of the applicable accessibility requirements;
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a general description of the service in an accessible format;
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descriptions and explanations necessary to understand the execution of the service;
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a description of how the service meets the relevant accessibility requirements.
(2) The contact details of the competent market surveillance authority are as follows:
Market Surveillance Authority of the States for the Accessibility of Products and Services - Public Law Institution (MLBF AöR)
Carl-Miller-Str. 6
39112 Magdeburg
Telephone: +49 391 567 6970
Email: kontakt@mlbf-barrierefrei.de
(3) We may use Artificial Intelligence (AI) and special tools to implement the accessibility requirements on our internet presence. This is intended to take into account a variety of possible disabilities, including visual, auditory, physical, linguistic, cognitive and neurological impairments. Further details can be found under the separate, appropriately labeled button mentioned in paragraph 1 on our internet presence.
(4) Our internet presence or our service in electronic business transactions is accessible if it can be found, accessed and used by people with disabilities in the usual way, without particular difficulty and generally without external assistance.
(5) Measures to implement accessibility requirements include, for example, clearly recognizable font sizes and sufficient color contrasts, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (if videos are integrated on the website), easy-to-read and understandable language, compatibility with all common screen readers, customizable display options for various devices (smartphones, tablets, desktop computers, etc.).
§ 3 Conclusion of the Contract
(1) The subject of the contract is the sale of goods and/ or the provision of repair services .
(2) By placing the respective product on our website, we make a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods and/or repair services intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" by clicking on the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the 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 a 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 you are redirected to the respective instant payment system, you make the corresponding selection or entry of your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the option to review the information in the order overview, change it (also via the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different deadline is indicated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 4 Customized 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 conclusion of the contract. Our 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 against 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 do not assume any liability for errors in this respect.
§ 5 Performance of Repair Services
(1) If repair services are the subject of the contract, we owe the repair work resulting from the service description. We carry these out to the best of our knowledge and belief personally or through third parties.
(2) You are obliged to cooperate, in particular to describe the defect in the device as comprehensively as possible and to make the defective device available.
(3) You bear the costs for sending the defective device to us.
(4) Unless otherwise specified in the respective offer, the repair including dispatch of the device for shipping takes place within 5 - 7 days after receipt of the device to be repaired (in case of agreed advance payment, however, only after the time of your payment instruction).
(5) If you make use of your right of termination according to § 648 sentence 1 BGB, we can demand a flat-rate remuneration of 10% of the agreed remuneration if the execution has not yet begun. This only applies if a statutory right of revocation exists, if you make use of your right of termination only after the expiry of the revocation period. You reserve the right to prove that we have incurred no or substantially lower costs.
§ 6 Right of Retention, Retention of Title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 7 Warranty
(1) Statutory liability for defects applies.
(2) If you are informed by us before submitting the contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from the delivery of the goods. The above restriction does not apply:
- for damages culpably caused by us from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the goods.
(3) 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 complaints as quickly as possible. If you fail to do so, this does not affect your statutory warranty claims.
(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of 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 applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's usual residence is not thereby withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as you are not a consumer, but a merchant, a legal entity under public law or a 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 your domicile or usual residence is not known at the time the action is filed. The right to appeal to a court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of the Seller
Kiffe Golf Manufaktur GmbH
Sophie-Opel- Straße 14
64625 Bensheim
Germany
Telephone: +4962518262700
Email: r.sonnenschein@kiffe-golf.de
We are neither willing nor obliged to participate in dispute resolution proceedings 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 regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the print function of the browser or saved electronically. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of quotation requests outside the online shopping cart system, you will receive all contract data within the framework of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via an appropriately designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping is promised.
5.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.4. Any costs incurred for money transfers (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under an appropriately designated 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. Delivery Conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment 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 transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
8. Termination
8.1. Information on the termination of the contract and the terms of termination can be found in the regulations on "Repair Services" in our General Terms and Conditions (Part I) and in the respective offer.
These General Terms and Conditions and customer information have been prepared by the lawyers of Händlerbund specializing in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/