Terms and Conditions

Table of Contents 
I. Scope of application
II. Conclusion of contract
III. Right of cancellation
IV. Terms of delivery
V. Terms of payment
VI. Reservation of title
VII. Warranty
VIII. Special provisions for gift vouchers
IX. Special provisions for promotional vouchers
X. Special provisions for gifts
XI. Changes to the GTC or our services
XII. Data protection
XIII. Customer service
XIV. Consumer arbitration board
XV. Online dispute resolution
XVI. Applicable law and place of jurisdiction

I. Scope

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

KF Design GmbH
Managing Director: Gerd Giesen
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 Krefeld
Registry number: HRB 71 81

These GTC apply equally to entrepreneurs and consumers. Provisions that only apply to entrepreneurs or consumers are labelled as such.

II. Conclusion of the Contract

(1) The presentation and advertising of products on our website and in our catalogues does not itself constitute a binding offer to conclude a contract, but only an invitation to submit such an offer (application).
(2) You can submit your offer via the online ordering facility 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 GTC shall become part of the contract if we draw your attention to the GTC when concluding the contract, give you the opportunity to take note of their content and you agree to the validity of the GTC. If you are an entrepreneur, it is sufficient if we make recognisable reference to our GTC and you do not object to the GTC.
(3) The conclusion of the contract via the online ordering option on 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 can view and change the contents of the shopping basket at any time. You can correct your entries using the usual mouse and keyboard functions as well as the "Back" function of your Internet browser before finalising the order process by clicking on the "Buy" button. You can recognise any input errors by carefully reading the information displayed via your Internet browser and by carefully checking the data you have entered. If necessary, you can also use the magnification function ("magnifying glass") of your Internet browser for this purpose. You can also end the order process at any time by closing the window of your Internet browser.
(b) By submitting an order via the online ordering facility on our website by clicking on the 'Buy' button, you are placing a legally binding order for the products in the shopping basket. However, this request can only be submitted and transmitted if you have previously accepted these GTC by selecting the corresponding checkbox.
(c) We will immediately confirm receipt of your order by e-mail. Your order will be listed again in this e-mail. You can print this out using the "Print" function. This automatic confirmation of receipt merely documents that we have received your order; it does not constitute acceptance of your order unless we expressly declare acceptance in addition to confirming receipt.
(d) You are bound to the order for a period of 7 days after placing the order; your right to cancel your order remains unaffected by this.
(e) The contract is only concluded when we have declared our acceptance of your order. This declaration is usually made in a separate e-mail (order confirmation).
(4) The contract is concluded via our order hotline (catalogue) in the following steps:
(a) You tell our order hotline staff your desired products and your address details
(b) The order hotline employee informs you of the order details including price, shipping costs and delivery time. Your verbal confirmation constitutes a binding order.
(c) The contract is only concluded when we have declared our acceptance of your order, but at the latest when the ordered goods are dispatched.
(5) We will send you the text of the contract on a permanent data carrier, for example as an e-mail or paper printout (contract confirmation), in our e-mail confirming receipt or order confirmation or in a separate e-mail, but at the latest upon delivery of the goods. The contract text consists of your order, our GTC and the order confirmation.
(6) The text of the contract is stored by us in compliance with data protection regulations. Apart from the aforementioned dispatch, we do not keep the text of the contract accessible to you.
(7) The contract is concluded in German.
(8) If the delivery of a product ordered by you is not possible, we will refrain from a declaration of acceptance. In this case, a contract will not be concluded. We will inform you immediately and refund any payments already received without delay. If ordered items are unavailable, we will first send you the available products as a partial delivery, as far 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 as part 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 correct 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 or monitored accordingly.
(10) You agree to receive an invoice electronically.(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 cancellation

If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. a natural person who places an order for a purpose that cannot be predominantly attributed to their commercial or independent professional activity, you have a right of cancellation in accordance with the statutory provisions. Further information on the right of cancellation can be found in our cancellation policy.

Should you exercise your right of cancellation for individual items in your order after submitting your contractual declaration, with the result that the remaining part of the order falls below the minimum order value specified by us for free shipping, we are entitled to demand the shipping costs for this remaining part of the order from you.

V. Terms of delivery

(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by you.
(2) If you choose the payment method PayPal, the delivery will be made to the delivery address that you have provided to PayPal at the time of payment.
(3) If the goods ordered by you are delivered by a forwarding agent, delivery is "free kerbside". This means that the goods will be delivered to the public kerbside closest to the delivery address specified by you. Deviations may result from the shipping information provided on our website or a deviating 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 otherwise agreed with you. It begins with the conclusion of the contract.
(6) Within Germany, we charge a delivery fee of €5.95. Different delivery and payment conditions apply to deliveries abroad. When ordering from our catalogue, please call us on +49 2151 62339-0 for advice.
(7) It is not possible to collect your ordered goods yourself.

V. Terms of payment

We offer the following payment methods:
(1) Payment on account: We offer payment on account. If you select this payment method, our claim to payment of the agreed price shall become due after our service has been rendered and the corresponding invoice has been issued. Unless otherwise agreed, the agreed price is payable without deduction upon receipt of the invoice to be paid.
(2) Payment processing via the payment service provider PayPal: We offer you 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 or PayPal Express: If you select this payment method, you will be redirected to the PayPal website as part of the ordering process. In order to make the payment, you must register there or log in there with your access data. PayPal's terms of use apply, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. Once you have legitimised yourself there with your access data, you must confirm the payment instruction to us. We will request PayPal to initiate the payment transaction after you have placed your order.
For payment processing via PayPal, the General Terms and Conditions of PayPal https://www.paypal.com/de/webapps/mpp/ua/legalhub-full, the PayPal Terms of Use 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.
(3) You can change the payment method saved in your user account at any time.
(4) If you request delivery to a country that is not part of the European Union, this may result in additional costs for which we are not responsible and which are to be borne by you. These include fees for the transaction of funds abroad by credit institutions, such as transfer or exchange rate fees. In addition, there may be public import-related charges such as taxes or customs duties. Please note that such transaction-related costs may also be incurred regardless of the place of delivery if you make the payment from a country that does not belong to the European Union.

VI. Retention of title

The delivered goods remain our property until the purchase price has been paid in full.
If you are an entrepreneur, you as the buyer may sell the goods to customers in the ordinary course of business. In doing so, you assign the claim against the third party arising from the sale to us. This allows 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 assert the claim ourselves.

VII. Warranty

(1) We shall be liable for material defects or defects of title of delivered goods in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
(2) If you are an entrepreneur, the following regulations apply to contracts for the delivery of goods: In the case of new goods, the limitation period for defects is one year from the date of delivery of the goods. We as the seller are entitled to choose the type of non-fulfilment. Even if a replacement delivery is made as part of the liability for defects, the limitation period shall not begin again.
(3) The above limitations of liability and shortening of the limitation period shall not apply to claims for damages and reimbursement of expenses if we as the seller have fraudulently concealed the defect
(4) In addition to the claims for material defects or defects of title, guarantees given by us for certain goods or manufacturer's guarantees granted by manufacturers of certain goods may exist. Details of the scope of such guarantees can be found in the respective guarantee declaration.
(5) If goods are delivered to you that show obvious transport damage, we ask you to inform us of this and to complain about the transport damage to the deliverer. However, this has no effect on 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 that are issued by us and can be redeemed on our website. The following regulations apply to gift vouchers.
(2) We will provide you with gift vouchers purchased from us by download, e-mail, post or screen display.
(3) Unless otherwise agreed, gift vouchers can only be redeemed in our online shop before completing the order process. Gift vouchers cannot be subsequently offset. You can redeem several gift vouchers with one order.
(4) You cannot use a gift voucher to purchase further gift vouchers. Gift vouchers can 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 can be redeemed by them. We may make payment to the person redeeming the gift voucher with discharging effect, unless we are aware or grossly negligently unaware that this person is not legally competent, not authorised or not authorised to represent us.
(7) Unless otherwise agreed, you can redeem a gift voucher until the end of the third year following the year in which the voucher was purchased. Unless otherwise agreed, the above also applies to any remaining credit balance on a gift voucher.
(8) No cash payment or interest will be made on the credit balance on the gift voucher.

IX. Special provisions for promotional vouchers

(1) We also offer our customers promotional vouchers on a case-by-case basis. Unless otherwise agreed, promotional vouchers are vouchers that we make available free of charge in connection with advertising campaigns, that cannot be purchased, that are only valid for a limited period and that 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 order process is completed. After the expiry of the validity period, promotional vouchers can no longer be redeemed. Promotional vouchers cannot be redeemed retrospectively. You can only redeem one promotional voucher per order.
(3) Unless otherwise stated, you can only redeem promotional vouchers with us as a consumer.
(4) We are authorised to restrict the validity of the promotional vouchers to certain products or to exclude their validity for certain products. Such a restriction results from the content of the respective promotional voucher.
(5) The total value of your order must equal or exceed the stated value of the promotional voucher. Any difference between these values, i.e. any remaining credit 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 for in whole 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 interest on it will be made.
(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 means of payment offered by us.
(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 check whether the person named on the promotional voucher is authorised to use the gift voucher; however, we are not obliged to do so.
(10) Gift vouchers are not counted towards the minimum order value if a minimum order value is required for a promotion or bonus.

 X. Special provisions for gifts

(1) We also offer our customers bonuses on a case-by-case basis. A bonus is an ancillary product or service that is announced, offered or granted by us in addition to a main product or service. The following regulations apply to bonuses.
(2) Bonuses are shown with a price of €0.00 and can also be added to the shopping basket. This makes them the subject of a purchase contract concluded between you and us with the special feature that the purchase price for the bonus is €0.00. In this case, the statutory warranty of the purchase right according to §§ 433 ff. BGB according to section VII.
(3) If you as a consumer cancel your contractual declaration as a whole, you must return the gift to us in addition to the main goods, as we do not accept partial cancellations of purchase contracts for gifts.

XI. Changes to the GTC or our services

(1) We reserve the right to change our GTC or our services,
(a) if our GTC or our services have to be adapted to the applicable law, in particular in the event of a change in the legal situation, developments in case law or if we have to comply with a court or official decision,
(b) if technical or procedural changes that have no significant impact on you make it necessary to amend the GTC or our services,
(c) if we offer new or additional services that must be included in the GTC and this does not have any disadvantages for the existing contractual relationship with you, or
(d) if the changes to our GTC or our services are merely legally advantageous for you.
(2) You will be notified of changes in writing, by fax or by e-mail. If you do not object to this amendment within six (6) weeks of receipt of the notification, the amendments shall be deemed to have been recognised 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

Data protection Information on the processing of personal data can be found in our privacy policy.

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 not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

XV. Online dispute resolution

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

XVI. Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Statutory provisions restricting the choice of law and 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 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 shall be our registered office. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.