Terms & Conditions
General Terms and Conditions (GTC) and consumer information
General terms and conditions and consumer information in the context of purchase contracts concluded via the online shop between Philippine Potier, acting as Keracult (in future the seller) and the customer.
§ 1 Scope of application and general information
(1) Subject to individual arrangements and agreements which take precedence over these General Terms and Conditions, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is rejected.
(2) The customer is a consumer if he concludes the contract for purposes that cannot be predominantly attributed to his commercial or independent professional activity (§ 13 BGB).
In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity (Section 14 (1) BGB).
(3) If an e-mail address is entered or used by the customer for the order process or for processing the contract, the customer must ensure that the e-mail address entered or provided is correct. Furthermore, the customer must ensure that any programmes used by him (firewall and/or spam filter) do not prevent access to the e-mail and that the e-mail can actually reach the customer. If necessary, the customer must also check the spam folder of his e-mail address or his e-mail programme.
§ 2 Conclusion of contract
The contract is concluded with:
Philippine Potier, acting as KeracultEmser Straße 28
12051 Berlin
(2) The essential characteristics of the goods can be found in the respective product description posted by the seller.
All items are unique, no two are 100% identical. With the purchase, the customer agrees to receive a product that can never have a perfect, even surface or be 100% evenly shaped.
Even slight knocks can cause parts to chip off which can then (in the best case) only be saved with glue. If you need help or advice with a repair, please send me an e-mail.
All items are dishwasher safe. All items of the Kitchenware category are food safe.
(3) All offers in the seller's online shop merely represent a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer's order, the customer will initially only be sent a confirmation of his order with the seller (order confirmation), e.g. by e-mail. This order confirmation does not yet constitute acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within two working days whether it accepts the order (order confirmation), e.g. by e-mail. The order process in the seller's online shop works as follows:
The customer can select products from the seller's range and collect them using the "Add to basket" button. By clicking on the "Shopping basket" button, the customer receives an overview of the selected products and the respective prices and costs. After clicking on the "Next step" button, the customer is redirected and can then enter their delivery details. After clicking another "Next step" button, the customer can then select the payment terms. If the customer then clicks another "Next step" button, they are taken to the overview page where they can view all the data entered, the goods ordered and the prices. Before submitting the order by clicking on the "Buy" button, the customer can view and possibly change the data at any time using the browser functions "Back" or "Next" displayed as arrow keys. If necessary, the customer can also cancel the purchase process by closing the website or by clicking on the "Cancel" button. By clicking on the "Buy" button, the customer submits a binding application to purchase the goods in the shopping basket.
The application can only be submitted and transmitted if the customer recognises these contractual terms and conditions by clicking on the "Accept Terms & Conditions“ button and has thereby included them in their application. The seller then sends the customer an automatic confirmation of receipt, e.g. by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the order. The contract is only concluded when the seller submits the declaration of acceptance, which is sent in a separate e-mail. After the respective contract has been concluded, the customer automatically receives an e-mail with further information on the processing of the contract (order confirmation).
§ 3 Subject matter of the contract, quality, availability of goods
(1) The subject matter of the contract is the goods and services specified by the customer in the order and stated in the order and/or order confirmation at the final prices stated in the online shop. Errors and mistakes therein are reserved, in particular with regard to the availability of goods.
(2) The quality of the goods ordered is determined by the product descriptions in the online shop. Images on the website may not accurately reflect the products; colours in particular may vary considerably for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may show the usual deviations. The characteristics described here do not constitute defects in the products supplied by the seller.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the Seller shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(4) If the product specified by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, the seller shall immediately reimburse any payments already made by the customer.
§ 4 Delivery, prices, shipping costs
(1) Delivery to the shipping company DHL takes place within 3 working days after receipt of payment. The delivery time can be up to 6 days. For international shipping, the delivery time takes (sometimes much) longer. The seller will indicate any deviating delivery times on the respective product page.
(2) The prices quoted are retail prices plus shipping costs. The customer receives an invoice in accordance with the small business regulation. According to § 19 UStG no VAT is charged on Keracult products.
(3) Shipping costs overview:
Germany: Bis 3 kg 5,55 €, bis 5 kg 6,50 €, bis 10 kg 8,30€
EU: 12,70€
PICK-UP:
When the product you chose offers this option, you are welcome to collect your order personally in Berlin Neukölln. Simply select the pick-up option at the end of the order process, send me an email via waswillstdu@keracult.com and we will find an appointment together.
§ 5 Payment
(1) Payment shall be made in advance (PayPal, bank transfer) via the website checkout system.
(2) The customer expressly agrees with the purchase that his data will be transmitted and stored for the purpose of processing the purchase, § 33 BDSG. The data will be used exclusively for processing the purchase. The seller will not pass the data on to third parties. In all other respects, German data protection law applies.
§ 6 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to complain about these faults immediately to the deliverer and to contact the seller as soon as possible.
(2) Failure to make a complaint or to contact the seller has no consequences for the customer's statutory warranty rights, but helps the seller to assert his own claims against the carrier or the transport insurance company.
§ 7 Warranty for material defects
(1) The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.
(2) A guarantee only exists for the goods delivered by the Seller if this was expressly stated in the order confirmation for the respective article.
(3) You can submit complaints and claims for liability for defects to the address given in § 2 of these Terms & Conditions.
§ 8 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
§ 9 Liability
The statutory provisions of the Federal Republic of Germany shall apply.
§ 10 Text of the contract
The text of the contract is stored on the seller's internal systems. The customer can view the General Terms and Conditions at any time in his customer account. The order data and the General Terms and Conditions are sent to the customer by e-mail. After completion of the order, the order data is no longer accessible via the Internet for security reasons.
§ 11 Right of cancellation
Right of cancellation for consumers
The right of cancellation only applies to consumers. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity, cf. above § 1 para. 2 of these GTC and § 13 BGB.
Right of cancellation
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the item(s).
To exercise your right of cancellation, you must send us
Keracult
Philippine Potier
Emser Straße 28
12051 Berlin
E-Mail: waswillstdu@keracult.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the sample cancellation form for this purpose:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*)
Ordered on (*)/received on (*) Name of the consumer(s) Address of the consumer(s)
Signature of the consumer(s) (only for written notification on paper)
Date
(*) Delete as appropriate.
However, its use is not mandatory. If you exercise your right of cancellation, you will be sent a confirmation of receipt of such cancellation without delay (e.g. by e-mail).
In order to comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
In the event of an effective cancellation, the services received by both parties must be returned. We must then refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favourable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we receive notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the items before the 14-day period has expired.
You shall bear the direct, insured costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Exclusion of the right of cancellation
The right of cancellation exists gern. § 312g Abs. BGB among other things not with contracts
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer,
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded,
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature,
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
- contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
End of the cancellation policy
§ 12 Final provisions
(1) The contract language is English. The Seller has not submitted to any code of conduct.
(2) The law of the Federal Republic of Germany shall apply to contracts between the Seller and the Customer to the exclusion of the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection afforded to the customer by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller. This also applies if the customer has no general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is unknown at the time the action is filed.
§ 13 Privacy policy
Your order with details of the contract concluded (e.g. product ordered, price, quantity etc.) will be stored by Keracult. All personal data will of course be treated confidentially. The data required for business processing is stored automatically and passed on to partner companies as far as absolutely necessary in the course of order processing. Data other than that which is necessary for processing the contract will not be collected.
The cancellation is to be addressed to:
Keracult
Philippine Potier
Emser Straße 28
12051 Berlin
E-Mail: waswillstdu@keracult.com