General Terms and Conditions of Sale Kayu Creation
§ 1 Supplier and scope of application
1.1 These general terms and conditions of sale apply to all orders placed in the online shop of KAYU Creation, owner Emmanuelle Coutant
(hereinafter also the supplier or "we").
1.2 Customers within the meaning of these General Terms and Conditions are consumers and entrepreneurs. A consumer is any natural person who concludes a legal act which cannot be attributed to his commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership that has the legal capacity to enter into a legal transaction for the purpose of exercising an independent professional or business activity.
1.3 All offers, deliveries and other services of the supplier are based exclusively on these general terms and conditions. The customer's own terms and conditions are not taken into account and are thus contradicted.
§ 2 Conclusion of the contract
By clicking on the order button "Pay order", the customer makes a binding offer to the supplier to purchase the goods in the shopping cart. The contract is concluded by a confirmation e-mail from the supplier after the order has been sent.
This confirmation e-mail is sent to the customer immediately after the order is placed.
§ 3 Prices
The prices indicated on the product pages are inclusive of the statutory value added tax and other price components and are exclusive of any shipping costs.
§ 4 Terms of delivery
4.1 Delivery shall be made exclusively by DHL worldwide. Collection by the customer is only possible on request.
4.2 The delivery time is 4 to 5 weeks, unless otherwise stated in the offer.
4.3 If not all of the ordered products are in stock, we are entitled to make partial deliveries at our expense, insofar as this is acceptable to you.
§ 5 Delivery costs
The supplier delivers worldwide to the address indicated by the customer.
A flat rate including packaging is charged for delivery:
Delivery within Germany, up to 10 kg: 12 Euros up to 31.5 kg: 19 Euros
Delivery within the EU, zone 1, up to 10 Kg: 25,50 Euros up to 20 Kg: 35,50 Euros
Delivery Switzerland, Great Britain, Northern Ireland, Rest of Europe, Russian Federation, Zone 2,3,4, up to 10 Kg : 40,50 Euros up to 20Kg : 57 Euros
Delivery USA, North America, Asia, Latin America, Africa, Oceania, Zone 5,6,7,8 to 10 Kg: 65,50 Euros to 20 Kg: 105 Euros
§ 6 Terms of payment
6.1 Payment can be made either by Paypal or by bank transfer.
6.2 If the Paypal payment method is chosen (provider: PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg), the customer shall pay the invoice amount via the online provider Paypal. In principle, the customer must be registered there or register there first. He certifies himself with the access data and confirms the payment order to the Provider (with the exception of guest access, if applicable). The customer receives further information during the ordering process.
6.3 We point out that the customer is in default of payment at the latest if no payment has been made within 30 days of the due date and receipt of an invoice or equivalent document.
6.4 If the customer is in default of payment, the purchase price shall be due for payment during the period of default at an interest rate of 5% above the base interest rate. The supplier reserves the right to prove and assert a higher damage due to the delay.
§ 7 Retention of title
The goods remain the property of the supplier until the purchase price has been fully paid.
§ 8 Right of withdrawal
8.1 Consumers have a right of revocation of fourteen days. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date on which you or a third party designated by you, other than the carrier, has the carrier has taken possession of the last goods.
To exercise your right of withdrawal, you must send to KAYU Creation, owner Emmanuelle Coutant Lerchenweg 17
your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post or e-mail). You can use the attached model withdrawal form for this purpose, which is however not obligatory.
In order for the withdrawal period to be observed, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
8.2 Consequences of withdrawal
If you withdraw from this contract, we shall refund all payments received from you, including delivery costs (except for any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us), without undue delay and no later than fourteen days from the day we are informed of your decision to withdraw from this contract.
We will make this refund using the same payment method you used for the original transaction. We will use the same method of payment that you used for the original transaction, unless otherwise expressly agreed with you. Under no circumstances will you be charged for this refund. We may refuse the refund until we have collected the goods or you have provided proof that the goods have been returned.
8.3 The right of withdrawal shall only be granted to consumers.
8.4 The right of withdrawal does not apply, inter alia, to the following contracts
- contracts for the supply of goods which are not prefabricated and for the manufacture of which the individual choice or determination of the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
8.5 Model withdrawal form at the end of these GTC. (Note: link) § 9 Warranty
The customer's warranty claims are governed by the statutory provisions of the German Civil Code (§§ 433 ff. BGB).
§ 9 Customer account / access data
Insofar as the customer receives access data for a customer account from the supplier, he shall store the access data for this customer account in such a way as to prevent misuse.
§ 10 Alternative dispute resolution
The supplier is not willing to participate in dispute resolution procedures before a consumer conciliation body.
§ 11 Language of the contract / Applicable law
11.1 The language of the contract is German. Even if the text of the contract is translated into another language, the German text of the contract shall be decisive.
11.2 In addition to these provisions, German law shall apply to all legal relationships between the customer and the supplier, excluding the provisions of the Convention of 11.04.1980 on Contracts for the International Sale of Goods (CISG).
Sample withdrawal form
If you wish to withdraw from the contract, please complete this form and return it to
KAYU Creation, owner Emmanuelle Coutant
I/we (*) hereby revoke the contract I/we (*) have concluded for the purchase of the following goods (*):________________________
Ordered on (*)/received on (*)________________________
Name of consumer(s):________________________
Address of consumer(s):________________________
Signature of consumer(s) (only in case of paper communication)________________________
(*) Delete as appropriate.