Terms of service

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope of Application

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Conditions

  5. Delivery and Shipping Conditions

  6. Term and Termination of Subscription Contracts

  7. Retention of Title

  8. Liability for Defects (Warranty)

  9. Redemption of Promotional Vouchers

  10. Applicable Law

  11. Jurisdiction

  12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of kips eCommerce GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer, within the meaning of these GTC, is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 An entrepreneur, within the meaning of these GTC, is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of their trade, business, or profession.

1.4 Depending on the product description, the contract may relate to a one-time delivery or a recurring delivery of goods (hereinafter "subscription contract"). In the case of a subscription contract, the Seller agrees to deliver the goods owed under the contract to the Customer at the agreed intervals for the duration of the agreed contract period.

  1. Conclusion of Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers but serve for the Customer to submit a binding offer.

2.2 The Customer can submit an offer via the online order form integrated into the Seller's shop. By placing the selected goods in the virtual shopping cart and completing the electronic order process, the Customer makes a legally binding offer to purchase the goods in the cart by clicking the final order button.

2.3 The Seller may accept the Customer's offer within five days by:

  • Sending a written or email order confirmation (receipt by the Customer is decisive),

  • Delivering the ordered goods (receipt by the Customer is decisive), or

  • Requesting payment from the Customer after the order is placed.

If multiple of the aforementioned alternatives apply, the contract is concluded at the time when the first alternative occurs. The acceptance period starts the day after the offer is sent and ends after five days. If the Seller does not accept the offer within this period, the offer is deemed rejected.

2.4 If the Customer selects a PayPal payment method, payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A. under PayPal's terms, available at https://www.paypal.com. Acceptance of the offer by the Seller is deemed to occur at the time the Customer clicks the final order button.

2.5 The contract text is stored by the Seller and sent to the Customer after order submission in text form (e.g., email, fax, or letter). If the Customer has created a user account, order data can be accessed via the password-protected account.

2.6 Before submitting the order, the Customer can correct entries using standard keyboard and mouse functions. A useful tool for detecting input errors is the browser's magnifier function.

2.7 The available contract languages are shown in the Seller's online shop.

2.8 Order processing and communication usually occur via email and automated order systems. The Customer must ensure that the provided email address is accurate and capable of receiving emails from the Seller.

  1. Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Details are provided in the Seller's Cancellation Policy.

3.3 The right of withdrawal does not apply to consumers who are not residents of an EU member state at the time of contract conclusion and whose sole delivery address is outside the EU.

  1. Prices and Payment Conditions

4.1 Unless otherwise stated, prices are total prices including VAT. Any additional shipping costs are shown separately.

4.2 For deliveries outside the EU, additional costs (e.g., transfer fees, exchange rate charges, customs duties) may apply and are the responsibility of the Customer.

4.3 Available payment methods are listed in the Seller's online shop.

4.4 For PayPal payments, processing is handled via PayPal. The Seller may assign claims to PayPal, who may conduct a credit check. The Seller reserves the right to deny specific payment methods in case of negative results.

4.5 For Shopify Payments, transactions are processed by Stripe Payments Europe Ltd. Additional conditions may apply.

4.6 For Klarna payments, processing is handled by Klarna Bank AB (publ), Sweden.

  1. Delivery and Shipping Conditions

5.1 Delivery is made to the address specified by the Customer unless otherwise agreed.

5.2 If delivery fails due to Customer fault, reasonable costs incurred shall be borne by the Customer. This does not apply in the case of a valid withdrawal.

5.3 For entrepreneurs, risk transfers upon delivery to the carrier. For consumers, risk transfers upon receipt. If the Customer commissions the shipping company independently, risk transfers upon handover to that company.

5.4 The Seller reserves the right to withdraw from the contract in case of non-availability due to supplier failure beyond Seller's control. In this case, the Customer will be notified and refunded.

5.5 Self-collection is not possible.

  1. Term and Termination of Subscription Contracts

6.1 Subscription contracts are indefinite and can be cancelled by the Customer at any time.

6.2 The right to extraordinary termination for cause remains unaffected.

6.3 Cancellations can be made in writing, by email, or via the cancellation button on the Seller's website.

  1. Retention of Title

The Seller retains ownership until full payment is received.

  1. Liability for Defects (Warranty)

Unless otherwise stated, statutory warranty laws apply.

8.1 For entrepreneurs:

  • Seller chooses the type of supplementary performance.

  • New goods have a one-year warranty period.

  • Used goods are sold without warranty.

  • The warranty period does not restart after replacement delivery.

8.2 Exceptions to the above include:

  • Claims for damages or reimbursement,

  • Fraudulent concealment,

  • Goods used in construction,

  • Obligation to provide digital updates.

8.3 For entrepreneurs, statutory recourse rights remain unaffected.

8.4 Merchants must comply with § 377 HGB regarding inspection and notification duties.

8.5 Consumers are requested to report obvious transport damage but are not legally obligated to do so.

  1. Redemption of Promotional Vouchers

9.1 Promotional vouchers are issued free of charge and valid only for the stated period.

9.2 Only consumers may redeem promotional vouchers.

9.3 Certain products may be excluded.

9.4 Vouchers must be redeemed before completing checkout.

9.5 Multiple vouchers may be used per order.

9.6 The order value must equal or exceed the voucher amount. Remaining balances will not be refunded.

9.7 Any remaining balance must be paid using other accepted methods.

9.8 Vouchers are not paid out in cash or interest-bearing.

9.9 If a voucher-paid product is returned, the voucher is not refunded.

9.10 Vouchers are transferable. The Seller may perform with effect to the bearer unless unauthorized use is known.

  1. Applicable Law

10.1 German law applies, excluding UN sales law. For consumers, this applies only insofar as mandatory provisions of the consumer's country are not violated.

10.2 For non-EU consumers, German law applies without restriction.

  1. Jurisdiction

For commercial customers, jurisdiction lies at the Seller's business location. For non-German businesses, this also applies if the contract pertains to professional or commercial activity. The Seller reserves the right to sue at the Customer's place of business.

  1. Alternative Dispute Resolution

12.1 The European Commission provides a platform for online dispute resolution at: https://ec.europa.eu/consumers/odr

12.2 The Seller is not obligated but willing to participate in a dispute resolution procedure before a consumer arbitration board.