T&C
General terms and conditions
Status: December 2024
These terms and conditions
(1) This website (the “Site”) and/or the services, including all associated mobile applications (together: the “Services”) and all offers and sales of products (“Products”) through the Site, are owned and operated by Kenko GmbH (hereinafter also: “we”, “us” and “our”). These Terms and Conditions (“Terms”) set forth the terms and conditions under which visitors or users (collectively, “Users” or “you”) may visit the Site and/or use the Services and purchase Products.
(2) By accessing or using the Services, you agree to be bound by the Terms. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any products. These Terms tell you who we are, how we sell products to you, how you can cancel the contract of sale and what you can do if you have a problem.
(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must have your parent's or legal guardian's permission to use the Services or purchase Products.
Purchase of products
(1) The purchase of Products is subject to the terms and conditions in force at the time.
(2) If you purchase a Product: (i) you are responsible for reading the Product description in full before making a binding purchase; and (ii) the completion of an order on the Site (by completing a payment transaction via the “Place Order” or similar button) may constitute a legally binding contract for the purchase of the relevant Product, unless these Terms provide otherwise.
(3) You can select products from our product selection and place them in the shopping cart by clicking on the corresponding button. Our prices are listed on the Site. We reserve the right to change our prices at any time and to correct unintentional pricing errors. These changes will not affect the price of products that you have already purchased. During checkout, you will be shown an overview of all the products you have placed in your shopping cart. The overview includes the main features of each product as well as the total price for all products, the applicable value added tax (VAT) and, if applicable, the shipping costs. On the payment page, you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the edit function to identify and correct any input errors before placing your final binding order. All stated delivery times apply from receipt of your payment of the purchase price. When you click on the “Place order” button, you place a binding order to purchase the products listed at the price and shipping costs indicated. To complete the order process by clicking on the “Order with costs” button, you must first accept these terms and conditions as legally binding for your order by clicking on the corresponding box.
(4) We will then send you a confirmation of receipt for your order by e-mail, in which your order is listed again and which you can then print or save using the corresponding function. Please note that this is an automatic notification which only confirms that we have received your order. It does not indicate that we have accepted your order.
(5) The legally binding agreement on the purchase of the products is only concluded when we send you a declaration of acceptance by e-mail or dispatch the products to you. We reserve the right not to accept your order. This does not apply in cases in which we offer a payment method - and you select this payment method for your order - in which a payment process is initiated immediately upon transmission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to have been concluded when you have initiated the order process as described above by clicking on the “Order with costs” button.
(6) The purchase contract can be concluded in [German]. After conclusion of the contract, the terms and conditions of the contract will be stored by us and you will no longer have access to them.
Right of withdrawal
You may withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). Please use the information on the contact page.
Please note that you will be responsible for the costs of returning the goods.
Consequences of the withdrawal
As soon as we have received and checked your return, we will refund the purchase amount to the payment method originally used. We may withhold the refund until we have received the goods back.
The return or handover of the goods is made to
Kenko GmbH
Niemetzstraße 41
12055 Berlin
Berlin, Germany
Warranty for products
We are liable under the statutory warranty provisions for quality defects and/or defects of title in the products you purchase from us.
Storage of online payment details
You can save a preferred payment method for the future. In this case, we will store these payment details in accordance with the applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.
Vouchers, gift cards and other offers
Vouchers, gift cards or discounts and other offers may be available for our products from time to time (“Offers”). Such Offers are only valid for the period specified in such Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.
Permitted use
(1) Our services are made available to you for informational purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in an unlawful or fraudulent manner (including in violation of the rights of third parties) or for purposes of harvesting personal information or impersonating other users; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to manipulate or distort any content or undermine the integrity and accuracy of any content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit data or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (vii) use any robot, spider, other automatic device or manual process to monitor our or any other site or the content contained on our Services; or (vii) use our Services to transmit or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. (viii) engage in any conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with our investigation of any activity that is suspected or actual violation of these Terms.
Intellectual property rights
(1) Our Services and related content (and any derivative works or improvements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively: “our Intellectual Property Rights") and nothing in these Terms grants you any rights in relation to our Intellectual Property Rights. Except as expressly set forth herein or as required by mandatory legal provisions governing the use of the Services, you acquire no right, title or interest in or to our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.
(2) If the Products include digital content, such as music or videos, the rights are granted to you as set out in relation to such content on the Site.
Disclaimer of Warranties for Use of the Site and Services
The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided “as is” and without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy and performance of our Services, among others), except for cases of malicious non-disclosure of defects. We do not warrant that free services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty for products you purchase from us as set out in the “Warranty for Products” section above remains unaffected.
Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the “Acceptable Use” section, unless such circumstances are not due to your fault.
Disclaimer of warranties for the use of the Site and the Services
The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided “as is” and without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy and performance of our Services, among others), except for cases of malicious non-disclosure of defects. We do not warrant that free services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty for products you purchase from us as set out in the “Warranty for Products” section above remains unaffected.
Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the “Acceptable Use” section, unless such circumstances are not due to your fault.
Limitation of liability
(1) We shall only be liable in the event of intent, gross negligence, negligent injury to life, limb or health or slightly negligent breach of a material contractual obligation, and only in the case of fee-based services or the sale of products. A “material contractual obligation” means an obligation the fulfillment of which is a fundamental requirement for the proper performance of the agreement and on which you can normally and reasonably rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.
(2) The above provisions shall apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply in favor of our managing directors, executives or other legal representatives, employees and vicarious agents.
Applicable law
(1) These Terms and Conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Germany (without regard to its conflict of law provisions).
(2) The European Commission provides a platform for online dispute resolution (OS), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.
Miscellaneous
(1) A waiver by either party of any breach or default under these Terms shall not constitute a waiver of any preceding or subsequent breach or default.
(2) The headings used in these Conditions are for convenience of reference only and shall have no legal significance.
(3) Unless expressly stated otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full force and effect.
(4) You may not assign your agreement with us under these Terms or any or all of your contractual rights or obligations without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us in connection with the Services and the sale of Products.
(6) The provisions of these Terms which by their nature are intended to survive any such action by us shall survive, including, without limitation, provisions relating to indemnities, hold harmless agreements, disclaimers, limitations of liability and this Miscellaneous section.
Contact
To contact us, please send an e-mail to: info@kenkostores.com