Terms and Conditions

Terms and Conditions of KALIO

The following terms and conditions of Kalio ("Kalio") are part of all contracts. For sale in the online shop special terms and conditions apply, which refer additionally to these terms and conditions. Any terms and conditions of the contracting party ("Customers") do not apply, even if the company does not expressly object to them.

1. Order and conclusion of contract

1.1 The products in the online shop represent a non-binding online catalog of the product range.

1.2 Before concluding the order, the customer has the opportunity to review all entered information, such as delivery and payment data as well as the items placed in the shopping cart, in a summary and, if necessary, to change or correct them via identified links.

1.3 By clicking on the "buy now" button, the customer concludes a binding purchase agreement with Kalio for the goods contained in the shopping cart. A further confirmation by Kalio is not required for the conclusion of the purchase contract.

1.4 Kalio immediately confirms the order. At the latest with the goods delivery the customer receives all information.

2. Storage of the contract and related terms.

Kalio retains the data entered during the order to execute the contractual relationship. The order data and the link to the order of the order to the email to the customer.

3. Temporary offers

Offers in the online store of Kalio may be limited in time. Details are given in the respective product description. Despite careful stocking, it can happen that an action item is sold out faster than expected. Kalio does not give a delivery guarantee for this.

4. Payment method

Kalio offers the following payment methods to the customer: By credit card, by invoice, by PayPal, in advance.

5. Terms of payment.

When paying by credit card, the invoice amount will be reserved for debit upon completion of the order. The actual charge takes place at the time of shipping.

6. Delivery area

National and international. When shipping outside the EU may be subject to duties payable by the customer and are not included in the purchase price.

7. Warranty

If the delivered goods show a defect, the customer is entitled to the statutory warranty rights.

8. Price rise

Any increase in labor costs, material costs or value added tax following the conclusion of the contract shall be charged to the customer to the same amount if the delivery is to be made more than four months after the conclusion of the contract. With a price increase of more than five percent, the customer can withdraw from the contract.

9. DeliveryTransport losses or damage must be complained about by the customer at the transporter and have to be certified before taking over the goods. If direct delivery to the customer is agreed upon, fulfillment of the contractual delivery obligations occurs upon delivery of the goods and confirmation of the transfer by signature of the customer on the delivery note.10. Force majeure / self-supply reservationEvents of any kind that are not the fault of the parties (strike, breakdowns, transport disruptions, delivery closures, natural disasters, riots, war, etc.) release Kalio from the obligation to deliver for the duration of the hindrance. If this state of force majeure continues for more than 30 consecutive days, the contract may be terminated by either party. If the customer is a consumer, the timely self-supply is reserved, if the supply of the enterprise without its fault does not take place. For entrepreneurs or legal entities under public law, timely self-delivery is generally reserved.11. Export controlThe conclusion of the contract is subject to the condition precedent that there are no obstacles due to national or international regulations, in particular export control provisions and embargoes or other sanctions. Deliveries and services for the fulfillment of concluded contracts are subject to the proviso that the aforesaid obstacles also do not conflict.12. Warranty / LimitationIf the customer is an entrepreneur or a legal entity under public law, he leaves Kalio the choice of the type of supplementary performance (subsequent delivery / repair) for the elimination of the defect. If the supplementary performance fails (§440 sentence 2 BGB), the rights of the customer are determined according to § 437 No. 2 and 3 BGB. In the sale of used movable property to entrepreneurs or legal entities under public law claims for defects are excluded. In the sale of new movable property to entrepreneurs as well as the sale of used movable property to consumers the claims for defects expire in one year. §§ 438 para. 1 no. 2, 479 and 634a para. 1 no. 2 BGB remain unaffected. As far as Kalio according to para. 8, it remains at the statutory limitation period.

13. Liability

Kalio is liable in case of intent and gross negligence to the full extent of the statutory provisions. In the event of damage resulting from injury to life, limb, health, the Product Liability Act or essential contractual obligations, Kalio is also liable for any negligence. Significant contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely. Any further liability does not exist.

14. Payments

Payments have, unless otherwise agreed, immediately upon delivery of the goods without any deductions. Kalio reserves the right to refuse non-cash means of payment. Acceptance is always only as payment. Payments in foreign currency are credited according to bank account. Bank charges are to be borne by the customer.

14.1 Late payment

In the event of default of payment by the customer, Kalio is entitled to take back the reserved goods after a one-time reminder and the customer is obliged to surrender. The customer grants the company the right to enter its premises, to mark or remove the delivered goods. The costs for the return are borne by the customer.

15. Valued Added Tax free delivery

If a VAT-free delivery in accordance with §§ 4 No. 1 lit. b) i.V.m. § 6 a UStG, the customer is obliged to sign a confirmation of arrival and to send it back to Kalio within 30 days after delivery of the object of purchase by the company or a third party commissioned by him. If the customer does not comply with his obligation, the sales tax will be recalculated. The ownership of the object of purchase remains reserved until receipt of the confirmation of arrival or until payment of the subsequently calculated value added tax

16. Return of goods and return

The items can be returned within 14 days of receipt. Only technically flawless items without traces of use can be returned. The return costs are borne by the buyer. Special designs / custom are excluded from the return.

17. Assembly

Unless otherwise agreed, the installation is not included in the price.

18. Retention of title / resaleWhen paying by invoice, the item remains the property of Kalio until full payment. A resale is reserved exclusively for our contractual partners.19. PrivacyWe collect, process and use your personal data, in particular your contact details for processing your order, including your e-mail address, if you provide us with this. In accordance with Article 21 (1) of the GDPR, you have the right, at any time and for reasons of your own particular situation, to object to the processing of your data for the intended purposes with effect for the future. ; this also applies to a framework of profiling conducted for the purposes. A communication in text form (e.g. e-mail, letter) is sufficient for us; Current contact details can be found in the imprint of our online shop. Please note, however, that in this case no risky payment methods can be offered as part of your order process in our online shop. However, you can still select other, non-risky payment methods (this prepayment).20. Image RightsAll image rights belong to us or our partners. Use without express, written consent is not permitted.21. Governing Law and JurisdictionGerman law applies to the exclusion of the UN Convention on the International Sale of Goods. Excluded from this choice of law is mandatory outside of Germany applicable consumer protection law. Contract language is German. Disputes between merchants are the responsibility of the court in whose district the trading establishment of the company is located. Online Dispute Resolution / Dispute Resolution Consumer. The European Commission has set up an Internet platform for online dispute resolution. The platform serves as a point of contact for out-of-court settlement of disputes over contractual obligations arising from sales contracts concluded online. Kalio does not participate in consumer dispute resolution under the Consumer Dispute Settlement Act.

September 2019