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TERMS AND CONDITIONS

Table of Contents 
I. Scope
II. Conclusion of Contract
III. Right of withdrawal
IV. Terms of Delivery
V. Payment terms
VI. Retention of Title
VII. Warranty
VIII. Special Provisions for Gift Vouchers
IX. Special Provisions for Promotional Vouchers
X. Special Provisions for Free Gifts
XI. Registration Numbers
XII. Amendments to the Terms and Conditions or Our Services
XIII. Use of Artificial Intelligence (AI)
XIV. Data Protection
XV. Customer Service
XVI. Consumer Arbitration Board
XVII. Online Dispute Resolution
XVIII. Applicable Law and Jurisdiction 

I. Scope 

The following General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) apply to all contracts concluded by means of distance selling. This includes contracts concluded via our website or our catalogue between you as our customer and us:

KF Design GmbH
Managing Director: 
Nico Gerlach

Nauenweg 42 e
47805 Krefeld
Germany
Tel.: +49 2151 6 23 39- 0
Fax: +49 2151 6 23 39- 11
E-Mail: service@remember.de
Register court: Local Court Krefeld
Registration number: HRB 71 81 
These Terms and Conditions apply equally to businesses and consumers. Provisions that apply only to businesses or only to consumers are marked as such.

II. Conclusion of Contract

(1) The presentation and advertising of products on our website and in our catalogues do not constitute a binding offer to enter into a contract, but are merely an invitation to submit such an offer (request).
(2) You may submit your offer via the online ordering functionality provided on our website, by contact form, by e-mail, by fax, by post or by telephone (order hotline). If you are a consumer, the Terms and Conditions shall form part of the contract if we refer to the Terms and Conditions when concluding the contract, give you the opportunity to take note of their content, and you agree to the Terms and Conditions. If you are a business customer, it is sufficient if we clearly refer to our Terms and Conditions and you do not object to them.
(3) The contract concluded via the online ordering function of our website takes place in the following steps:
(a) You can select the products offered on our website and place them in the electronic shopping basket. Before submitting the order, you may view and change the contents of the shopping basket at any time. You may correct your entries by means of standard mouse and keyboard functions as well as the "Back" function of your Internet browser before completing the ordering process by clicking the "Buy" button. You can identify any input errors by carefully reading the information displayed by your Internet browser and by carefully checking the data you have entered. If necessary, you may also use the magnification function (“magnifying glass function”) of your Internet browser. You may also terminate the ordering process at any time by closing your Internet browser window.
(b) By submitting an order via the online ordering function of our website by clicking the "Buy" button
you are submitting a legally binding order for the products in your shopping basket. However, this order may only be submitted and transmitted if you have previously accepted these Terms and Conditions by ticking the corresponding checkbox.
(c) We will promptly confirm receipt of your order by e-mail. This e-mail will list your order again. You may print it using the "Print" function. This automatic acknowledgement of receipt merely documents that your order has been received by us; it does not constitute acceptance of your offer unless we expressly declare acceptance in the confirmation of receipt in addition to acknowledging receipt.
(d) You are bound by the order for 7 days after placing the order; any statutory right you may have to cancel your order remains unaffected.
(e) The contract shall be concluded only when we have declared our acceptance of your offer. This declaration is usually made by means of a separate e-mail (order confirmation).
(4) The contract concluded via our order hotline (catalogue) takes place in the following steps:
(a) You provide our order hotline staff with your desired products and your address details
(b) The order hotline staff will provide you with the order details including price, shipping costs and delivery time. Your verbal confirmation constitutes a binding order.
(c) The contract is only concluded once we have declared acceptance of your offer, or at the latest upon dispatch of the ordered goods.
(5) In our e-mail confirming receipt or order confirmation, or in a separate e-mail, but no later than upon delivery of the goods, we will send you the contract text on a permanent data carrier, for example as an e-mail or a paper printout (contract confirmation). The contract text consists of your order, our Terms and Conditions and the order confirmation.
(6) We will store the contract text in compliance with data protection regulations. Apart from the sending referred to above, we do not make the contract text available to you.
(7) The contract is concluded in German.
(8) If it is not possible to deliver a product ordered by you, we refrain from declaring acceptance. In this case, no contract is concluded. We will inform you immediately and immediately refund any payments already received. In the event of non-availability of ordered items, we will, if possible, first send you the available products as a partial delivery, insofar as this is reasonable for you. We will, of course, bear the delivery costs for the subsequent shipment.
(9) If you have provided your e-mail address in the course of the ordering process or in the context of other enquiries, it is your responsibility to ensure that the e-mail address you have provided exists, is correctly specified and that you can receive e-mails from us or from third parties commissioned by us to process your order at this e-mail address. Automatic SPAM filters must be configured and monitored accordingly.
(10) You agree to receive an invoice sent by electronic means.
(11) All prices stated on our website and in the catalogue are total prices including statutory VAT and other price components plus shipping costs.

III. Right of withdrawal
If you are a consumer within the meaning of Section 13 BGB, i.e., a natural person who places the order for a purpose that can be attributed neither predominantly to your commercial nor your self-employed professional activity, you are entitled to a right of withdrawal in accordance with the statutory provisions. Further information on the right of withdrawal can be found in our cancellation policy.

If, in the context of an existing right of withdrawal, you exercise this right after submitting your contractual declaration for individual items of your order, resulting in the remaining part of the order falling below the minimum order value specified by us for free shipping, we shall be entitled to subsequently charge you the shipping costs for this remaining part of the order.

IV. Terms of Delivery
(1) Unless otherwise agreed, delivery will be made to the delivery address you specify.
(2) If you select PayPal as your method of payment, delivery will be made to the delivery address you provided at the time of payment with PayPal.
(3) If the goods you have ordered are delivered by a forwarding agent, delivery will be made "free kerbside". This means that the goods will be delivered up to the public kerbside closest to the delivery address you have provided. Deviations may result from the shipping information on our website or from a separate agreement with you.
(4) Deliveries to PO boxes and APO addresses are not possible.
(5) The delivery period is 3 days, unless otherwise stated in the product description or agreed differently with you. It starts upon conclusion of the contract.
(6) Within Germany, we charge a delivery cost contribution of €5.95. Different delivery and payment terms apply to shipments abroad. When ordering from the catalogue, we will advise you by telephone on +49 2151 62339-0.
(7) It is not possible to collect ordered goods yourself.

V. Payment terms

(1) Payment by SEPA direct debit: We offer payment by SEPA direct debit. This payment option is only valid for delivery and invoice addresses in Germany.  
(2) Payment by credit card: We offer payment with Mastercard and Visa credit cards. 
(3) Purchase on account: We offer a 30-day invoice purchase via Ratepay (Ratepay GmbH Ritterstr. 12-14, 10969 Berlin). The exact terms and conditions can be found on the Ratepay website: https://www.ratepay.com/legal-payment-terms/  
(4) Payment processing via the payment service provider PayPal: We offer the following options for payment processing via 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, PayLater or PayPal Express: If you select this method of payment, you will be redirected to the PayPal website during the ordering process. To make the payment, you must register there or log in with your login details. The PayPal terms of use apply, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. Once you have identified yourself there with your access data, you must confirm the payment instruction to us. After you have submitted your order, we will instruct PayPal to initiate the payment transaction. In addition, the General Terms and Conditions of PayPal https://www.paypal.com/de/webapps/mpp/ua/legalhub-full, PayPal's terms of use https://www.paypal.com/de/webapps/mpp/ua/useragreement-full and the regulations for 'Payments without a PayPal account' https://www.paypal.com/de/webapps/mpp/ua/privacywax-full also apply to payment processing via PayPal 
(5) You may change the payment method stored in your user account at any time. 
(6) Should you require delivery to a country that is not part of the European Union, additional costs may be incurred which are not our responsibility and which must be borne by you. These include, in particular, fees for international money transfers through credit institutions, such as transfer fees or exchange rate fees. Additional public charges, such as taxes or customs duties, may also be incurred due to importation. Please note that such transaction-related costs may be charged regardless of the place of delivery, even if you make payment from a country outside the European Union.

VI. Retention of Title

Until payment of the full purchase price has been made, the delivered goods remain our property.
If you are a business, you may, as the purchaser, resell the goods to customers in the ordinary course of business. In doing so, you assign the claim arising from the sale against the third party to us. This enables you to collect the claim against the third party in your own name. We reserve the right to disclose the assignment of the claim against the third party at any time and to enforce the claim ourselves.

VII. Warranty

(1) We are liable for material or legal defects in delivered goods in accordance with the statutory provisions, in particular Sections 434 et seq. BGB.
(2) If you are a business, the following rules apply to contracts for the delivery of goods: For new goods, the limitation period for defects is one year from the date of delivery of the goods. The choice of the form of remedy is up to us as the seller. Even if a replacement delivery is made under the warranty for defects, the limitation period does not start anew.
(3) The above limitations of liability and shortening of periods do not apply to claims for damages or reimbursement of expenses if we as the seller have fraudulently concealed the defect.
(4) In addition to the claims for material or legal defects, there may also be guarantees given by us for certain goods or manufacturers’ warranties provided by the manufacturers of certain goods. Details of the scope of such guarantees are set out in the relevant guarantee declaration.
(5) If you are supplied with goods that show obvious transport damage, we kindly ask you to inform us of this and to report the transport damage to the carrier. However, this has no effect on your statutory or contractual warranty rights.

VIII. Special Provisions for Gift Vouchers
(1) We offer you the purchase of gift vouchers on our website. Unless otherwise agreed, gift vouchers are vouchers issued by us and redeemable on our website. The following regulations apply to gift vouchers.
(2) Gift vouchers purchased from us will be provided to you by download, by e-mail, by post, or by on-screen display.
(3) Unless otherwise agreed, gift vouchers can only be redeemed in our online shop before the order process has been completed. Gift vouchers cannot be applied retrospectively. You may redeem several gift vouchers at once when placing an order.
(4) A gift voucher may not be used to purchase further gift vouchers. Gift vouchers may only be redeemed for the purchase of products.
(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 using the payment methods we offer.
(6) Gift vouchers are transferable to third parties and may be redeemed by them. We may make payment to the person redeeming the gift voucher with discharging effect unless we have knowledge or grossly negligent lack of knowledge that such person lacks capacity, authorisation or power of representation.
(7) Unless otherwise agreed, you may redeem a gift voucher up to the end of the third year following the year of purchase. The above also applies, unless otherwise agreed, to any remaining credit that is still available and credited to a gift voucher.
(8) A cash payout or interest of the credit on the gift voucher does not take place.

 IX. Special Provisions for Promotional Vouchers

(1) We also offer promotional vouchers to our customers from time to time. Unless otherwise agreed, promotional vouchers are vouchers that we make available free of charge in connection with promotional campaigns, cannot be purchased, are only valid for a limited time, and can only be redeemed on our website. The following rules apply to promotional vouchers.
(2) Unless otherwise agreed, promotional vouchers may only be redeemed on our website before the order process is complete. After the validity period has expired, promotional vouchers can no longer be redeemed. Promotional vouchers cannot be applied retrospectively. Only one promotional voucher may be redeemed per order.
(3) Unless otherwise stated, promotional vouchers may only be redeemed by consumers.
(4) We are entitled to restrict the validity of promotional vouchers to certain products or to exclude validity for certain products. Such a restriction is apparent from the content of the relevant promotional voucher.
(5) The total value of your order must be equal to or exceed the value of the promotional voucher. Any difference between these values, i.e., any remaining credit, will not be refunded by us.
(6) If you exercise your statutory right of withdrawal and return the relevant goods you paid for wholly or partly by promotional voucher, the value of the promotional voucher will not be refunded.
(7) A cash payout or interest of the value of the promotional voucher does not take place.
(8) If the total value of your order exceeds the value of the promotional voucher, you may pay the amount not covered by the value of the promotional voucher using the payment methods we offer.
(9) Promotional vouchers are not transferable to third parties and may only be redeemed by the person named on the promotional voucher. We reserve the right to check whether the person named on the promotional voucher is entitled to redeem the gift voucher; however, we are not obliged to do so.
(10) Gift vouchers will not be counted towards the minimum order value if a minimum order value is required for a promotion or free gift.

X. Special Provisions for Free Gifts

(1) We also offer free gifts to our customers from time to time. A free gift is an ancillary good or ancillary service announced, offered or granted by us alongside a principal good or principal service. The following rules apply to free gifts.
(2) Free gifts are shown with a price of €0.00 and may be added to the shopping basket. They then become the subject of a sales contract concluded between you and us, with the special proviso that the purchase price for the free gift is €0.00. The statutory sales law warranty pursuant to Sections 433 et seq. BGB as stated in section VII. applies.
(3) If, as a consumer, you withdraw your contractual declaration as a whole, you must return both the main goods and the free gift to us, as we do not accept partial withdrawals from sales contracts for free gifts.

XI. Registration Numbers

Insofar as we are subject to statutory registration, identification or manufacturer responsibility obligations in individual countries, we state below the relevant registration numbers or identification numbers in the affected product categories:

Germany
Electrical equipment: WEEE Reg. No. DE 35581348

France
Furniture: IDU FR464669_10BDTN
Toys: IDU FR464669_12HEZX
Textiles: IDU FR466573_11TQVD
Packaging: IDU FR466573_01TFFP
Electrical equipment: IDU FR466573_05FZZI
Batteries: IDU FR466573_06SVPO

Italy
Electrical equipment: IT26040000018476
Battery: IT26040P00012262

XII. Amendments to the Terms and Conditions or Our Services

(1) We reserve the right to change our Terms and Conditions or our services,
(a) if our Terms and Conditions or our services must be adapted to applicable law, in particular in the event of a change in the law, developments in case law or if we must comply with a court or official decision,
(b) if technical or procedural changes that are without material impact for you make it necessary to amend the Terms and Conditions or our services,
(c) if we offer new or additional services which must be included in the Terms and Conditions and this entails no disadvantages for the contractual relationship with you, or
(d) if the amendments to our Terms and Conditions or our services are merely to your legal advantage.
(2) Changes will be notified to you in writing, by fax or by e-mail. If you do not object to these changes within six (6) weeks after receipt of the notification, the changes will be deemed to have been accepted by you. You will be specifically informed of your right of objection and the legal consequences of silence.
(3) Your rights to terminate the contractual relationship with us remain unaffected.

XIII. Use of Artificial Intelligence (AI)

In order to assist with the creation, optimisation, and provision of content on our website, we may use artificial intelligence technologies. This may pertain in particular to product descriptions, images, graphics, marketing content and parts of customer communication.

We also use AI-supported processes for the automated extraction and recording of orders received via order cards from print catalogues, inserts, faxes, letters, or similar order formats. Before final processing, a plausibility check is carried out by trained staff. As part of this processing, personal data is also transferred to a service provider based in the USA; the transfer is based on the EU Commission’s Standard Contractual Clauses pursuant to Art. 46 para. 2 lit. c GDPR. For more information on the processing of personal data in this regard, please refer to our privacy policy.

Where content is created wholly or partly with the use of AI, an appropriate editorial review takes place prior to publication. The use of such technologies is in accordance with the respective applicable legal requirements, in particular Regulation (EU) 2024/1689 (EU AI Regulation / AI Act) and the applicable data protection regulations. Individual content will only be labelled separately if this is required by law.

XIV. Data Protection

For information regarding the processing of personal data, please refer to our privacy policy.

XV. Customer Service

If you have any questions, complaints or claims, you can reach us on +4921516 23 39- 0 or via e-mail at service@remember.de.

XVI. Consumer Arbitration Board

We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board. 

XVII. Online Dispute Resolution

The EU Commission has set up an internet platform for the online settlement of disputes (ODR platform) between businesses and consumers. The ODR platform can be accessed at https://ec.europa.eu/consumers/odr/

XVIII. Applicable Law and Jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of UN sales law. Statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the state in which you as a consumer have your habitual residence, shall remain unaffected.
(2) If you as a customer are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business. In all other respects, the statutory provisions regarding local and international jurisdiction shall apply.