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Terms and Conditions

Table of Contents 
I. Scope
II. Conclusion of the Contract
III. Right of Revocation
IV. Terms of Delivery
V. Terms of Payment
VI. Retention of Title
VII. Warranty
VIII. Special Provisions for Gift Vouchers
IX. Special Provisions for Promotional Vouchers
X. Modification of the General Terms and Conditions or Our Services
XI. Data Protection
XII. Customer Service
XIII. Consumer Arbitration Board
XIV. Online Dispute Resolution
XV. Applicable Law and Legal Venue 

I. Scope
The following General Terms and Conditions (hereinafter referred to as: “GTC”) shall apply to all contracts concluded on our website between you as our customer and us.

KF Design GmbH
Managing Directors: Ingo Fremer, Martin Kröger
Nauenweg 42 e, 47805 Krefeld, Germany
Phone: +49 2151 6 23 39- 0
Fax: +49 2151 6 23 39- 11
Email: info@remember.de
Court of registration: Local Court of Krefeld
Registry number: HRB 71 81 

II. Conclusion of the Contract
(1) The presentation and advertising of products on our website by itself does not constitute a binding offer to conclude a contract, but merely an invitation to make such an offer (request).
(2) You can submit your request via the online ordering option available on our website, via our contact form, or by email, fax, post or telephone. The GTC shall become part of the contract if we refer you to the GTC at the conclusion of the contract, give you the opportunity to take note of their content and you agree to the validity of the GTC.
(3) Concluding the contract via the online ordering option of our website involves the following steps:
(a) You can select the products offered on our website and place them in the electronic shopping cart. Before placing the order, you can view and change the contents of the shopping cart at any time. You can correct your entries by using the usual mouse and keyboard functions and the “Back” function of your Internet browser before you complete the order process by clicking on the “Buy” button. You can detect any input errors by carefully reading the information displayed by your Internet browser and by diligently checking the data you have entered. If necessary, you can also use the “magnifying glass” function of your Internet browser. You can also terminate the order process at any time by closing the window of your Internet browser.
(b) When submitting an order via the online ordering option of our website by clicking on the “Buy” button, you place a legally binding order for the products contained in the shopping cart. However, this request can only be submitted and transmitted if you have previously accepted these General Terms and Conditions by ticking the appropriate checkbox.
(c) We will immediately confirm the receipt of your order by email. This email again outlines your order. You can print them out using the “Print” function. This automatic confirmation of receipt merely documents that we have received your order; it does not yet constitute an acceptance of your request, unless, in addition to confirming the receipt of the order, we expressly declare our acceptance of it.
(d) You are bound to the order for a period of 7 days after placing the order; this does not affect your right to cancel your order.
(e) The contract will only be concluded once we have confirmed the acceptance of your request. This declaration is usually made by separate email (order confirmation).
(4) In our receipt or order confirmation email or in a separate email, but no later than upon the delivery of the goods, we will send you the contract text on a permanent data carrier, e.g. as an email or paper printout (confirmation of contract). The contract text consists of your order, our General Terms and Conditions and the order confirmation.
(5) The text of the contract will be retained by us in accordance with data protection law. Apart from sending you the contract text as outlined above, we will not keep it accessible for you.
(6) The contract is concluded in German.
(7) If the delivery of any of the products that you have ordered is not possible, we will not issue a declaration of acceptance. In this case, a contract will not be concluded. We will immediately inform you of this and immediately refund any compensation already received.
(8) If you have provided your email address in the course of the order process or in the course of other enquiries, it is your responsibility to ensure that the email address you have provided exists, that it is stated correctly and that you can receive emails from us or from third parties who have been commissioned by us to process your order at this email address. Automatic spam filters must be configured or monitored accordingly.
(9) You agree to receive the invoice electronically.
(10) All prices indicated on our website are total prices including statutory VAT and other price components plus shipping costs.

III. Right of Revocation
If you are a consumer as defined by sec. 13 of the BGB [German Civil Code], i.e. a natural person who places the order for a purpose that cannot be predominantly attributed to their commercial or self-employed professional activity, you have a right of cancellation in accordance with the applicable legal provisions. Further information on the right of cancellation is given in our Cancellation Policy.

V. Terms of Delivery
(1) Unless otherwise agreed, the delivery shall be made to the delivery address provided by you.
(2) If you opt for payment via PayPal, the delivery is made to the delivery address known to PayPal at the time of payment.
(3) If the goods you have ordered are to be delivered by a forwarding company, the delivery takes place “free kerbside”. This means that the goods will be delivered up to the public kerbside nearest to the delivery address you have specified. Any deviations may result from the shipping information provided on our website or from an agreement with you to the contrary.
(4) The delivery period is 3 days, unless otherwise stated in the product description or otherwise agreed with you. It begins upon the conclusion of the contract.
(5) It is not possible to collect the ordered goods yourself.

V. Terms of Payment
We offer the following payment methods:
(1) Advance payment: We offer advance payment via bank transfer. If you choose this payment method, the payment of the agreed price becomes due upon the conclusion of the contract, unless otherwise agreed.
(2) Payment on invoice: We offer payment on invoice. If you choose this payment method, the payment of the agreed price becomes due after we have provided our service and invoiced it accordingly. Unless otherwise agreed, the agreed price shall be paid without deduction within ... after receipt of the invoice.
(3) Payment processing via the payment service provider PayPal: We offer the following payment processing options through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”):
PayPal or PayPal Express: If you select this payment method, you will be forwarded to the PayPal website as part of the order process. In order to make the payment, you have to register there or log in with your access details. The Terms of Use of PayPal apply, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If you have authenticated yourself there with your access details, you must confirm the payment order to us. After you have placed your order, we will ask PayPal to initiate the payment transaction.
For payment processing via PayPal, the General Terms and Conditions of PayPal (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full), the Terms of Use of PayPal (https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) and the provisions for payments without a PayPal account (https://www.paypal.com/de/webapps/mpp/ua/privacywax-full) also apply.
(4) You can change the payment method saved in your user account at any time.
(5) If you would like your order to be delivered to a country outside the European Union, this may result in additional costs which are not our responsibility and which must be borne by you. This includes, among other things, fees for the transfer of funds abroad by credit institutions, such as transfer fees or exchange rate fees. In addition, there may be state-imposed import charges such as taxes or customs fees. Please note that such transaction-related costs may be incurred regardless of the place of delivery even if you make the payment from a country which is not part of the European Union.

VI. Retention of Title
Until the purchase price has been paid in full, the delivered goods remain our property.

VII. Warranty
(1) We shall be liable for any material and legal defects of the delivered goods in accordance with the applicable legal regulations, in particular sec. 434 et seq. of the BGB.
(2) If you are a business customer, the following provisions shall apply to contracts for the supply of goods: In the case of new goods, the limitation period for defects shall be one year from the date of delivery of the goods. As the seller, we are entitled to select the manner of rectifying any defects. Even if a substitute delivery occurs within the scope of liability for defects, the limitation period does not restart.
(3) The above limitations of liability and shortening of limitation periods do not apply to claims for damages and expenses compensation if we as a seller have fraudulently concealed the defect.
(4) In addition to claims for material or legal defects, guarantees given by us in relation to certain goods or manufacturer guarantees given by the manufacturers of certain goods may apply. Details on the scope of such warranties are given in the respective warranty statement.
(5) If goods are delivered to you which have obvious transport damage, we ask you to inform us of this and to lodge a complaint about the transport damage with the delivery service. However, this does not affect your statutory or contractual warranty rights.

VIII. Special Provisions for Gift Vouchers
(1) We offer the purchase of gift vouchers on our website. Unless otherwise agreed, gift vouchers are vouchers issued by us that can be redeemed on our website. The following provisions apply to gift vouchers.
(2) Gift vouchers purchased from us will be provided to you by download, email or post, or will be displayed on your screen.
(3) Unless otherwise agreed, gift vouchers can only be redeemed in our online shop before the completion of the order process. Gift vouchers cannot be redeemed after the order has been placed. You can redeem multiple gift vouchers when placing an order.
(4) You cannot use a gift voucher to purchase additional gift vouchers. Gift vouchers can only be redeemed for product purchases.
(5) If the total value of your order exceeds the value of the gift voucher, you can pay the amount not covered by the value of the gift voucher through one of the means of payment that we offer.
(6) Gift vouchers are transferable to third parties and can be redeemed by them. We may discharge our obligations to the person who redeems the gift voucher, unless we are aware, or unaware only due to gross negligence, that this person does not have the legal capacity, the entitlement or the right of representation to do so.
(7) Unless otherwise agreed, you can redeem a gift voucher until the end of the third year following the year of the voucher purchase. Unless otherwise agreed, the above shall also apply to any balance credited or remaining on a gift voucher.
(8) No cash payment of the remaining balance of the gift voucher or its interest shall be made.

IX. Special Provisions for Promotional Vouchers
(1) We also offer promotional vouchers to our customers on a case-by-case basis. Promotional Vouchers are, unless otherwise agreed, vouchers that we provide free of charge in connection with promotions and cannot be purchased, are valid for a limited period only and can only be redeemed on our website. The following provisions apply to promotional vouchers.
(2) Unless otherwise agreed, promotional vouchers can only be redeemed on our website before the completion of the order process. After the expiry of the validity period, promotional vouchers can no longer be redeemed. Promotional vouchers cannot be redeemed after the order has been placed. You can only redeem one promotional voucher per order.
(3) Unless otherwise stated, only consumers can redeem our promotional vouchers.
(4) We have the right to restrict the validity of the promotional vouchers to certain products or to exclude certain products. Such a restriction may result from the content of the respective promotional voucher.
(5) The total value of your order must be equal to or greater than the stated value of the promotional voucher. Any difference between these values, i.e. any remaining balance, will not be refunded by us.
(6) If you make use of your statutory right of cancellation and return the goods in question, which you have paid in full or in part with the promotional voucher, the value of the promotional voucher will not be refunded.
(7) No cash payment of the value of the promotional voucher or its interest shall be made.
(8) If the total value of your order exceeds the value of the promotional voucher, you can pay the amount not covered by the value of the promotional voucher through one of the means of payment that we offer.
(9) Promotional vouchers are not transferable to third parties and can only be redeemed by the person named on the promotional voucher. We reserve the right to verify whether the person named on the promotional voucher is entitled to use the gift voucher; however, we are not obliged to do so. 

 X. Special Provisions for Giveaways
(1) We also offer giveaways to our customers on a case-by-case basis. A giveaway is an ancillary product or service which is announced, offered or granted by us in addition to the main product or service. The following provisions apply to giveaways.
(2) Giveaways are shown with a price of €0.00 and can be added to the shopping cart. This makes you the subject of a purchase contract concluded between you and us, which is characterised by the fact that the purchase price for the giveaway amounts to €0.00. In this case, the statutory warranty in commercial law pursuant to sec. 433 et seq. of the BGB shall apply.
(3) If you as a consumer revoke your contract declaration as a whole, you must return both the main product and the giveaway to us, since we do not accept partial revocations of purchase contracts with respect to giveaways.

XI. Modification of the General Terms and Conditions or Our Services
(1) We reserve the right to modify our General Terms and Conditions or our services
(a) if our GTC or our services need to be adapted to the applicable law, in particular in the case of a changed legal situation, developments in case law or if we are forced to comply with a judicial or administrative decision,
(b) if technical or procedural changes that have no material effect on you necessitate a modification of the GTC or our services,
(c) if we start offering new or additional services which must be included in the GTC, and this does not entail any disadvantages for the contractual relationship with you, or
(d) if the changes to our GTC or our services are only legally advantageous for you.
(2) Any changes will be communicated to you in writing, by fax or by email. If you fail to object to this change within six (6) weeks of receiving the notification, the changes will be deemed accepted by you. You will be informed separately of your right to object and the legal consequences of remaining silent.
(3) Your rights regarding the termination of the contractual relationship with us remain unaffected.

XII. Data Protection
For information on our processing of personal data, please refer to our Privacy Statement.

XIII. Customer Service
If you have any questions, complaints or claims, please contact us at +4921516 23 39-0 or by email at info@remember.de.

XIV. Consumer Arbitration Board
We are neither prepared nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

XV. Online Dispute Resolution
The European Commission has set up an online platform (ODR platform) for resolving disputes between businesses and consumers. The ODR platform is available at https://ec.europa.eu/consumers/odr/

XVI. Applicable Law and Legal Venue
(1) The law of the Federal Republic of Germany shall apply, excluding the CISG. Any legal provisions limiting the choice of law and concerning the applicability of mandatory provisions, in particular those of the country in which you as a consumer have your habitual residence, remain unaffected.
(2) If you are a merchant, a legal entity under public law or a special asset under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is the location of our registered office. In addition, the local and international jurisdiction is determined in line with the applicable legal provisions.