Fita Hausdorf & Johannes Löbner, Merheimer Straße 155, 50733 Köln / email@example.com
The contents published on this website are subject to the German copyright and the right to protection of intellectual property. Any use not permitted by the German Copyright and Performance Protection Law requires the prior written permission of KAMIDESIGN. This applies in particular to the reproduction, processing, translation, storage, processing or reproduction of images and content in databases or other electronic media and systems. Contents and rights of third parties are marked as such. The unauthorized duplication or dissemination of individual contents is not permitted and punishable. Only the production of copies and downloads for personal, private and non-commercial use is permitted. The presentation of this website in foreign frames is only permitted with written permission.
- EU: The delivery time is about one week after receipt of order. Shipping is done by Deutsche Post DHL.
- Switzerland: The delivery time is about one week after receipt of order. Shipping is done by Deutsche Post DHL.
- Other countries in particular USA / Canada / Australia: Shipping to USA / Canada / Australia or a country outside the EU or Switzerland is exclusive local VAT and customs charges. Please check with your customs office for fees. The delivery time is approximately two weeks after receipt of order. Shipping is via DHL. The shipping price is not inclusive and is different depending on the country of delivery.
- Important note: Payment is made by advance payment (bank transfer) or via PayPal (either with a PayPal account or with a credit card).
General Terms & Conditions
Table of Contents:
- Scope of application
- Conclusion of contract
- Right to cancel
- Prices and delivery costs
- Shipment and delivery conditions
- Liability for defects
- Law and jurisdiction
- Complaint / Dispute resolution
1. Scope of application
1.1 These Terms and Conditions of KAMIDESIGN (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2. Conclusion of contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of enabling a binding offer to be submitted by the Client.
2.2 The Client may submit the offer through the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalising the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket. The Client may also present the offer to the Seller by means of telephone, fax, e-mail or postal service.
2.3 The Seller may accept the Client’s offer within five days
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he/she placed his/her order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
2.5 The contractual language is English.
2.6 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e- mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3. Right to cancel
Consumers are entitled to the right of cancellation. Should the Customer exercise his/her right of cancellation, KAMIDESIGN will use the same payment method he used for the original transaction for the refund. If the Customer choses to pay via cash on delivery, KAMIDESIGN will refund the payment he made to his/her bank account. The Client must communicate to the Seller his bank account details in that case.
3.1 Right of withdrawal for customers
Consumers have the right of withdrawal according to the following conditions, whereby a consumer is every natural person who concludes a legal transaction which is not mainly attributed to commercial or independent professional activities.
Right of withdrawal:
You have the right of cancelling the contract within one month without giving any reasons. The time limit starts the day
- you or a third party named by you, who is not the carrier, take/s possession of the goods, if you ordered goods within a common order and the goods are standardized delivered;
- you or a third party named by you, who is not the carrier, take/s possession of the last good you ordered within a common order and the goods are delivered separately;
- you or a third party named by you, who is not the carrier, take/s possession of the last part of goods you ordered within a common order and the last good is delivered in separate parcels.
You must inform us about your decision of cancelling the contract with us with an explicit explanation (e.g. with a letter to be sent through the post, via telefax or email) to KAMIDESIGN, Merheimer Straße 155, 50733 Köln, Germany, telephone number: +49 (0)178 889 3527, E-Mail: firstname.lastname@example.org in order to exercise this right. The Customer can therefore use this model withdrawal form, but please note that this one isn’t prescribed. To maintain the withdrawal time limit you must only send us the message about the exercise of the withdrawal right before the time limit runs out.
3.2 Consequences of a withdrawal
If you cancel a contract, we are obliged to refund all the payments we received from you immediately, including delivery costs (except for the additional costs that result from your choice of a different kind of delivery than the one we offered, which was the most favourable standard delivery), within a maximum of fourteen days starting the day we received your explanation about the withdrawal of the contract. We use the same payment method you used for the original transaction to refund the paid amounts, unless we explicitly arranged a different payment method with you; you won’t be charged with any additional costs for this refund.
We are in the right of denying the refund until the goods you sent back arrive in our stock or until you proved that you sent the goods back, according to what occurs sooner. You are obliged to send or give the goods back to us until a maximum of fourteen days after the day you informed us about the cancellation of the contract. The time limit is maintained if you send the goods back before the period of fourteen days ends. You will be responsible of the costs of returning parcel-sized goods. You will also be responsible for the immediate costs of returning non-parcel-sized goods. Those costs are estimated to be about 75.00 EUR inside of Germany and about 150.00 EUR inside of the rest of Europe. You must only pay the loss in value of the goods if it resulted from the handling other than it was necessary to ascertain the construction, quality and function of the goods by you.
Please note that the customer has no right to withdraw from the contract in case of deliveries outside of the European Union, excluding Switzerland!
4. Prices and delivery costs
4.1 Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
The delivery and shipping costs arise in relation to the ordered items and will be calculated from the location of the seller’s registered offices. If delivery occurs to a Customer outside of the Federal Republic of Germany, delivery- and shipping costs increase depending on the weight and volume.
4.2 For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller’s control. They shall be borne by the Client. Such costs are, for example, money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes.
4.3 Payment can be made using one of the methods mentioned in our customer service help topic “Payment”. Please note: Payment methods depend on the delivery country. All the possible payment methods will appear in the shopping cart during the checkout procedure. In case of payment via invoice, KAMIDESIGN reserves the right to demand a down payment in case of higher order values.
4.4 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
5. Shipment and delivery conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed.
5.2 This shall not apply if the Client is not responsible for an event that entails the impossibility of delivery, or if he/she has been temporarily kept from receiving the ordered goods, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.
5.3 The risk of accidental destruction or accidental deterioration of the sold goods shall in principle be transferred to the Client once the goods come into the physical possession of the Client or a person identified by the Client to take possession of the goods. Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller’s place of business.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay and payments made by the Client will be immediately refunded.
Any possible additional delivery and dispatch costs are specified separately in the respective product description. After receiving the e-mail, the Client may collect the goods upon consultation with the Seller. In this case shipping costs will not be charged.
6. Liability for defects
Should the object of purchase be deficient, statutory provisions shall apply.
6.1 If the Client is a trader
- a marginal defect shall generally not constitute claims for defects,
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for defects shall be one year from transfer of risk,
- for used goods, rights and claims for defects are generally excluded,
- the period of liability for defects of the Seller shall not restart if a replacement delivery is carried out within the scope of liability for defects.
6.2 If the Client is a consumer and he makes use of his short-term right to reject the product, he has to return the product at his cost.
6.3 For traders, the aforementioned limitations of liability and the restrictions of periods of liability in Section 6.2 do not refer to claims for damages and reimbursement of expenses that the buyer may assert due to statutory provisions for defects according to Section 7.
6.4 Furthermore, for traders the statutory periods of liability for warranty claims remain unaffected. The same shall apply for traders and consumers in the event of willful intent or gross negligence and fraudulent concealment of a defect.
6.5 If the Client is a businessperson, he has the commercial duty to examine the goods and notify the Seller of defects. Should the Client neglect those duties, the goods shall be deemed approved.
6.6 The forwarding agent must be immediately notified by the Client of any obvious transport damages and the Seller be informed accordingly. Should the Client fail to comply therewith, this shall not affect his/her statutory or contractual claims for defects.
The Seller shall be liable for any contractual and quasi-contractual claims and for claims of liability regarding damages and effort compensation as follows:
7.1 Operation of all KAMIDESIGN lamps may only be used with max. 25 watt energy saving lamps or LED lamps! We would like to point out that all KAMIDESIGN lamps may only be installed by an authorized specialist. KAMIDESIGN assumes no liability for damage caused by improper installation, positioning, operation or misuse of the lamps. In any case, the user is responsible for proper installation, positioning and operation of the product.
7.2 The Seller shall face unlimited liability
- in case of intent or gross negligence,
- in case of injuries of life, body or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the product liability and safety law.
7.3 Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to Section 7.1. Essential contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfilment is essential for the due and proper implementation of the contract and on the fulfilment of which the Client can regularly rely.
7.4 In other cases the Seller’s liability is excluded.
7.5 The aforementioned provisions for liability apply also for the Seller’s liability regarding his legal representatives and vicarious agents.
8. Law and jurisdiction
8.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by German law excluding the UN-Convention on Contract for the International Sale of Goods. Place of jurisdiction and place of performance in any case is Cologne (Germany).
8.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties are governed by German law excluding the UN-Convention on Contract for the International Sale of Goods. Place of jurisdiction and place of performance in any case is Cologne (Germany).
9. Complaint / Dispute resolution
The European Commission provides an online dispute resolution platform that can be found at http://ec.europa.eu/consumers/odr/. In principle, consumers have the possibility to use this platform for the settlement of disputes. We always strive to resolve any differences of opinion arising from agreements or complaints. However, please note that we are not obliged to participate in dispute resolution procedures before a consumer complaint office and cannot offer you the possibility to participate in such procedures.
10. Privacy & Data
We will not sell your personal data to third parties, nor lease it to other companies for advertising purposes. Data will not be transferred to third persons, except for the purpose of completing your transaction (eg. your address will be shared with the delivery company for the purpose of delivering your purchase).
In the following, you will find information regarding the storage of your data. Our data protection practices are in accordance with the German Federal Data Protection Act (BDSG) as well as the German Telemedia Act (TMG).
10.1 Personal data
KAMIDESIGN treats customer data confidentially and exclusively for processing the order, except if the customer wishes to take advantage of additional services. To be able to process and deliver the customer’s order, KAMIDESIGN forwards the customer’s data only to shipping company tasked with the delivery. The transmitted data may be used by the recipient only as required to perform the respective task. Any other use of this information is prohibited. For the customer registration, e.g. for the newsletter service, KAMIDESIGN, due to the aforementioned laws, requires the customer’s consent to store personal data, which is requested at the appropriate time and place. Should the customer later decide to not make use of these services anymore, he or she may revoke their approval at any time through a message to KAMIDESIGN (email, fax, letter, phone).
To be able to process your enquiries, orders etc., KAMIDESIGN collects the following personal data:
Customer registration: Here, KAMIDESIGN processes and uses the data that has been voluntarily entered into the forms and has thus been transmitted to KAMIDESIGN. These include name, address and other contact data such as phone number and email address, a user name and a password.
Newsletter registration: Here KAMIDESIGN uses the email address the customer has voluntarily transmitted to KAMIDESIGN. The customer is able to unsubscribe from the newsletter at any time.
Ordering: Aside from the customer registration data, KAMIDESIGN additionally requires the information that is necessary to process the order, such as, for example, the delivery address and payment information (e.g. credit card or debit information). In addition, KAMIDESIGN collects the IP address. This is used to protect the customer and to prevent or to detect misuse of the website. It is to be pointed out that the IP-address is only used and handled in a shortened form to exclude the possibility of a direct connection to a person.
KAMIDESIGN uses so-called cookies on some internet sites in order to enable web-based applications to manage the status of an online visit and to provide smooth navigation between the separate services and contents on the website as well as to provide the internet user with permanent settings on the KAMIDESIGN website.
A cookie is a small file that is transferred by KAMIDESIGN onto the user’s computer when he or she visits the KAMIDESIGN website. A cookie only contains information that KAMIDESIGN itself transmits to the user’s computer – private files cannot be read by a cookie.
KAMIDESIGN uses „session-based“ cookies that are not stored permanently on the visitor’s computer. These temporary cookies will be deleted after leaving the website. Using the gathered information, KAMIDESIGN is able to analyse usage patterns and structures of the website. This enables further continuous optimisation of the website by improving the content and the usage.
KAMIDESIGN also uses “persistent“ cookies. These cookies remain on the customer’s computer, simplifying shopping and registration services during their next visit. For example, the cookies are able to remember which articles the customer has chosen for purchase while he or she continues to shop. Furthermore, the customer only has to enter passwords once on sites that require registration.
However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.
Permanent cookies can be removed manually by the user. The permanent cookies used by KAMIDESIGN will be stored for up to 1000 days on your hard disk. Afterwards, they are automatically deleted. Most of the standard browsers accept cookies by default. Temporary or stored cookies can be enabled or disabled independently in the browser’s security settings. If cookies are disabled, certain features on KAMIDESIGN webpages may not be available and some websites may not be displayed correctly.
In order to use the KAMIDESIGN shopping cart and the checkout, session-related cookies have to be allowed! If the customer generally does not wish to, or cannot allow cookies it is also possible to order at KAMIDESIGN by email, phone or fax.
Upon request, KAMIDESIGN will provide any customer information about his or her stored data at no charge. If the customer wants to request this, he or she is asked to contact KAMIDESIGN at the email address email@example.com. KAMIDESIGN is also obligated to correct, lock or delete the customer’s data upon request.
10.4 SSL Encryption
Personal data on this website are transmitted only in an encrypted form, using the TLS encryption method (Transport Layer Security, also known as SSL, Secure Sockets Layer). The TLS v1.0 method used is at this time one of the safest ways to encrypt data. KAMIDESIGN.de uses an encryption that meets the highest security standards.
Through the application of the SSL encryption, your data will be mutated so that a third party could not reconstruct it before it is transmitted to the KAMIDESIGN-server. This encryption procedure also ensures that your data will be sent exclusively to the server from which it was requested. Once the data is recieved by the KAMIDESIGN server, it is verified in regards to completeness and immutability.
If you use the Internet Explorer as your browser, you can identify the encrypted data transmission by the yellow lock icon in the address bar of your browser.
10.5 Nonpersonal Data
With every page visit, data of this access will be stored in a log file. This file does not include personal information. Thus KAMIDESIGN cannot conclude which user has transmitted which data. In connection with the page access, KAMIDESIGN receives data that will be stored for statistical purposes only.
In particular, every access results in the storage of the following data set: Name of the accessed file; date and time of access; transmitted data volume; notification if the transfer was successful; notification why an access has failed, if applicable;possibly operating and browser software of the user and the page from which the user arrived.
10.6 Google Analytics
This website uses Google Analytics, including the function Universal Analytics, a web analysis service of the Google Inc. Google Analytics uses so-called Cookies, text files which are stored on your computer and which allow an analysis of the use of the website by you. Through Universal Analytics and the use of a pseudonym user ID, device-crossing activities (e.g. tablet, PC or laptop) on our website can be analysed. The information generated by the cookie concerning your use of this website (including your IP address) will be passed on to a Google server in the USA and saved there. In case of an activation of the IP-anonymization on this website, your IP-address will be shortened by Google within the member states of the European Union or in other contractual states of the Agreement on the European Economic Area. Only in exceptional cases will the complete IP-address be transmitted to a Google-server in the USA and shortened then and there. Google will use this information on behalf of this website’s provider for the purpose of evaluating your website to gather reports concerning the website’s activities and to furthermore provide services around this website. Google Analytics does not combine your transmitted IP-address data with other data collected by Google. You can prevent the storage of cookies by a specific setting in your browser-software; however please note that if you do this you may not be able to use the full functionality of this website. You can furthermore prevent the collection of your data (including your IP-address) by Google as well as the processing of that data by Google by downloading and installing the following browser-plugin: http://tools.google.com/dlpage/gaoptout?hl=eng
We hereby point out that this website uses Google Analytics including Universal Analytics with the add-on „anonymizeIp()“, which is in accordance with privacy regularities. IP-addresses thereby are processed only in a shortened version to exclude any possibility of direct personal relation.
11. Final provisions
Should one or more provisions of these General Terms and Conditions be invalid, this shall not invalidate the entire terms and conditions of business. The invalid regulation is replaced by a relevant statutory regulation.
Last update: 2017-09-18