Terms of service
Terms and Conditions
Table of Contents
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Scope of Application
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Conclusion of Contract
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Right of Withdrawal
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Prices and Payment Conditions
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Delivery and Shipping Conditions
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Retention of Title
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Liability for Defects (Warranty)
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Liability
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Special Conditions for the Processing of Goods According to Customer Specifications
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Redemption of Promotional Vouchers
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Applicable Law
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Place of Jurisdiction
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Alternative Dispute Resolution
1) Scope of Application
1.1 These Terms and Conditions (hereinafter “T&C”) of Kassis Geschenkartikel GmbH (hereinafter “Seller”) apply to all contracts for the supply of goods concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding goods presented in the Seller’s online shop. Any differing terms of the Customer are hereby rejected, unless otherwise agreed.
1.2 A consumer, for the purpose of these T&C, is any natural person who enters into a legal transaction for purposes predominantly outside their trade, business, or profession.
1.3 An entrepreneur, for the purpose of these T&C, is any natural or legal person or partnership with legal capacity acting in the exercise of their trade or self-employed professional activity when entering into a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers but serve as an invitation for the Customer to submit a binding offer.
2.2 The Customer may submit an offer through the online order form integrated in the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer for the goods contained in the shopping cart by clicking the button that concludes the order process.
2.3 The Seller may accept the Customer’s offer within five days by:
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sending a written order confirmation or confirmation in text form (email or fax), in which case receipt by the Customer is decisive;
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delivering the ordered goods, in which case receipt of the goods by the Customer is decisive;
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requesting payment from the Customer after order placement.
If several of these alternatives occur, the contract is concluded at the moment one of these alternatives is fulfilled first. The period for accepting the offer begins the day after the Customer submits the offer and ends at the end of the fifth day following submission. If the Seller does not accept the offer within this period, the offer is deemed rejected and the Customer is no longer bound.
2.4 If the Customer chooses a payment method offered by PayPal, payment processing occurs via PayPal (Europe) S.à r.l. et Cie, S.C.A., under the PayPal User Agreement available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or under the terms for payments without a PayPal account at https://www.paypal.com/de/legalhub/paypal/privacywax-full. When the Customer selects a PayPal payment method during checkout, the Seller already declares acceptance of the Customer’s offer when the Customer clicks the button completing the order.
2.5 When submitting an offer via the online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g., email, fax, letter). Beyond this, the Seller does not provide additional access to the contract text. If the Customer creates a user account prior to ordering, their order data will be archived in the Seller’s website and can be accessed via the Customer’s password-protected account.
2.6 Before submitting the binding order, the Customer can identify and correct input errors through careful review of the displayed information. Browser zoom functions may assist in error detection. The Customer may correct entries at any time until clicking the button concluding the order.
2.7 The language available for concluding the contract is German.
2.8 Order processing and communication usually take place via email and automated systems. The Customer must ensure that the email address provided is correct and capable of receiving messages from the Seller. The Customer must ensure that SPAM filters permit delivery of all messages from the Seller or third parties involved in order processing.
3) Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Detailed information can be found in the Seller’s instructions on withdrawal.
4) Prices and Payment Conditions
4.1 Unless otherwise stated, the prices shown are total prices including VAT. Additional shipping costs are indicated separately in the product descriptions.
4.2 Available payment methods are communicated in the Seller’s online shop.
4.3 If payment in advance by bank transfer is agreed, the payment is due immediately after conclusion of the contract unless otherwise agreed.
4.4 If the Customer chooses a PayPal payment method, PayPal may use third-party service providers. If the Seller offers payment methods where the Seller provides goods in advance (e.g., invoice purchase, installment payment), the Seller assigns the payment claim to PayPal or another payment service provider. Before accepting the assignment, PayPal may conduct a credit check. If the result is negative, the Seller may refuse the chosen payment method. If the method is approved, the Customer must pay within the agreed period directly to PayPal or the designated provider. The Seller remains responsible for general customer inquiries.
4.5 If “Sofortüberweisung” is chosen, payment is processed by Klarna Bank AB (publ), Sweden. The Customer must hold an online banking account enabled for Sofortüberweisung. Klarna immediately executes the transaction after Customer authentication.
4.6 If a Stripe payment method is selected, payment is processed by Stripe Payments Europe Ltd., Ireland. Stripe may use additional payment services.
4.7 If invoice purchase is selected, the purchase price becomes due 14 days after receipt of goods and invoice. The Seller may limit this payment method to certain order volumes.
5) Delivery and Shipping Conditions
5.1 Delivery is made to the delivery address specified by the Customer unless otherwise agreed. The delivery address entered during checkout is decisive.
5.2 If delivery fails due to reasons attributable to the Customer, the Customer bears the reasonable costs incurred. This does not apply to the cost of sending goods when the Customer exercises the right of withdrawal.
5.3 If the Customer is an entrepreneur, the risk of accidental loss passes to the Customer once the Seller hands the goods to the carrier. If the Customer is a consumer, risk passes only upon delivery to the Customer. If the Customer commissions the carrier without the Seller’s involvement, risk passes when goods are handed to the carrier.
5.4 If the Seller does not receive supplies from its own supplier, the Seller may withdraw from the contract if the Seller is not responsible for the non-delivery and has concluded a proper covering transaction. In such cases, the Customer will be informed and payments refunded.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller delivers goods in advance, ownership remains with the Seller until full payment is made.
7) Liability for Defects (Warranty)
Unless otherwise stated, statutory warranty law applies.
7.1 For entrepreneurs:
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The Seller may choose the type of subsequent performance.
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The limitation period for new goods is one year from delivery.
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Warranty for used goods is excluded.
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The limitation period does not restart after replacement delivery.
7.2 The above limitations do not apply to:
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damage and reimbursement claims,
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fraudulent concealment of defects,
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goods used for construction and causing defects,
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obligations regarding updates for goods with digital elements.
7.3 Statutory recourse claims for entrepreneurs remain unaffected.
7.4 If the Customer is a merchant, the inspection and notification obligations under § 377 HGB apply.
7.5 Consumers are requested (but not required) to report obvious transport damage to the carrier and the Seller.
8) Liability
The Seller is liable as follows:
8.1 The Seller is fully liable:
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for intent or gross negligence,
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for injury to life, body, or health,
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under guarantees,
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under mandatory statutory liability (e.g., product liability law).
8.2 For negligent breach of essential contractual obligations, liability is limited to foreseeable, typical damages.
8.3 All further liability is excluded.
8.4 These rules also apply to the Seller’s legal representatives and agents.
9) Special Conditions for Processing Goods to Customer Specifications
9.1 If the Seller is contractually obliged to process goods according to Customer specifications, the Customer must provide all necessary content (texts, images, graphics) in the required formats and grant required usage rights. The Customer is solely responsible for ensuring no third-party rights are infringed.
9.2 The Customer indemnifies the Seller against third-party claims arising from such rights violations.
9.3 The Seller may reject processing orders if content violates legal or ethical standards.
10) Redemption of Promotional Vouchers
10.1 Promotional vouchers issued free of charge with a validity period can only be redeemed in the Seller’s online shop and only during the specified period.
10.2 Certain products may be excluded.
10.3 Redemption is only possible before checkout is completed.
10.4 Multiple vouchers may be redeemed per order.
10.5 The value of goods must at least equal the voucher value.
10.6 Any remaining balance cannot be refunded.
10.7 Voucher credit is not paid out in cash nor interest-bearing.
10.8 If goods purchased with a voucher are returned, the voucher is not refunded.
10.9 Vouchers are personal and non-transferable.
11) Applicable Law
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this applies only if mandatory protections of the consumer’s home country are not removed.
12) Place of Jurisdiction
If the Customer is a merchant or legal entity under public law in Germany, the Seller’s place of business is the exclusive jurisdiction. For Customers outside Germany acting commercially, the Seller’s location is also the exclusive jurisdiction. The Seller may also sue at the Customer’s location.
13) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
