Terms and conditions of online shop

General Terms and Conditions of sale and other information

for Kenay GmbH clients

Content

I. General conditions of sale

§ 1. Scope
§ 2. Contract process
§ 3. Return policy
§ 4. Payment, relevant cost for shipping, delay
§ 5. Compensation and retention of title
§ 6. Delivery

§ 7. Delay in delivery
§ 8. Warranty
§ 9. Limitations of liability
§ 10. Privacy policy
§ 11. Applicable law and jurisdiction
§ 12. Online dispute resolution in compliance with Article 14, item 1 of the Regulation on Online Dispute Resolution.

§ 13. Severability clause

 

II. Consumer information

1. Information regarding the Seller
2. Information regarding essential features of each product ordered

3. Information regarding completion of a purchase contract

4. Information regarding payment and delivery methods.

5. Information regarding procedures of concluding the contract

6. Information regarding the content of the contract

7. Information regarding technical measures enabling the identification and correction of errors of the entered data
8. The languages the contract can be signed in

9. Instructions for health issues, price changes and products

 

I. GENERAL TERMS AND CONDITIONS OF SALE

§ 1. The scope

The following General Terms and Conditions of Sale govern the Seller’s services offered by the online store www.kenayeurope.co.uk and shall be effective as of the date of placing an order.

§ 2. Contract process

  1. Products in our online shop do not constitute a binding offer. They encourage the Customer to submit a binding offer to us.
  2. First, you must place the product in the shopping cart. To submit the order, click an “Overview” button. In case you do not want to purchase any more products, please click the “Next” button and you will be transferred to the registration page. Please, submit your e-mail address. If you are a new client, you will be asked to provide a Login for your account. You can also place an order without registration - as a Guest. After entering your details, in particular the address of the account and delivery and choosing the payment method, click on the order button (buy) to submit a binding offer leading to the conclusion of the purchase agreement.  
  3. You may also send your order confirmation by e-mail and the ordered items will be delivered within 3 working days.
  4. English shall prevail for contract conclusion.

§ 3. The Customer's right of withdrawal

         Notice of withdrawal

(1) Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. In the event you have ordered one item or a few items that are to be delivered as one order, the withdrawal period is 14 days counting from the day you or a third party designated by you, not being a shipping agent, came into possession of the ordered items. In the event the ordered items are to be delivered separately, the withdrawal period is 14 days counting from the day you or a third party designated by you, not being a shipping agent, came into possession of the last ordered item. Once you have decided to exercise your right to withdraw from the contract you should inform us about it by making an unequivocal statement of your decision to withdraw from the contract, e.g. a letter sent by post or e-mail at the following address:

Kenay GmbH

Address: Joachimsthaler Straße 15/8, 10719 Berlin

e-mail: info@kenayeurope.co.uk

For this purpose you may use the attached order return form, though it is not compulsory. In order not to lose the right to withdraw from the contract, the withdrawal notice should be sent before the withdrawal period expires.

Download the Order Return Form

(2) Effects of exercising the withdrawal right

If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (except any additional costs of an alternative delivery method other than the cheapest standard delivery service we offer) without undue delay and in any event not later than 14 days from the day on which we are informed of the your decision to withdraw from the contract.

The reimbursement payment will be made in the same way the original transaction was processed, unless explicitly stated otherwise. You will not be charged any extra fees on the return. We may withhold the reimbursement payments until the receipt of the goods or a proof of having the goods sent, whichever is the earliest.

The goods must be returned immediately, no later than 14 days after informing us about your decision to withdraw. The deadline is met, if the goods are shipped within 14 days.

 

You pay the direct return shipping cost of the goods.

 

You will be only liable for any decrease in the value of the products, provided the reason for such a decrease results from any use of the products other than that is necessary to verify their nature, characteristics and functionality.

 

§ 4. Payment, relevant costs of shipping and delivery, delay.

  1. The prices listed on our website at the time of placing an order shall apply. All prices include statutory value added tax VAT. The shipping costs have to be added. Deliveries are serviced by DHL and are exempt from postage on orders above £80. Delivery of orders of lower value depend on the destination and are the following:

-         € 4.00: United Kingdom, Germany

-         €6.00: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Holland, Italy,Lithuania, Luxemburg, Latvia, Slovakia, Slovenia, Sweden, Hungary

-         €22.00: Norway, Iceland, Liechtenstein, Switzerland

-         €25.00: outside Europe

We must receive payment in advance before your order can be processed and the goods can be dispatched.

  1. We accept the following payment methods: credit and debit cards (Visa, Mastercard, Maestro) and PayPal.

§ 5. Compensation and retention of title

  1. The Customer is entitled to compensation only if the counter claims are legally enforceable, undisputed or have been acknowledged by us in writing.
  2. We retain the title to the goods delivered until all amounts due have been paid. Accordingly, the goods delivered cannot be modified or sold without the Seller’s permission, unless the Customer is the trader. In case of further reselling and/or modifying of the goods, both the Seller and the Customer agree to waive all demands with ancillary rights which might arise in connection with the resale and/or modification.
  3. If the Customer is a trader, the retention of title stays intact till all claims referring to current commercial relations are satisfied by the Seller. In such a case, the Customer is entitled to further sale of goods as provided for in terms and conditions of sale. The Customer assigns on the Seller all demands in the amounts indicated in invoices related to further sale to third parties.
  4. If the Customer acts contrary to the agreement, in particular, fails to make payments on time, the Seller is entitled to collect reserved goods at the Customer’s expense. It applied to all auxiliaries. The Buyer withdraws from his possession right straight away and we accept such a withdrawal.

 

§ 6. Delivery

  1. Delivery takes place within 7 working days of receipt of order confirmation. In some cases the delivery times may differ, you shall refer to the individual product page. The Customer's timely and statutory fulfillment of obligations, in particular providing the correct delivery address in the order, determines the commencement of the process of delivery.
  2. We do not bear the risk of acquisition. We are entitled to withdraw from the contract, if, despite earlier purchase agreement, we do not receive the content of delivery; liability arising from any intent or gross negligence remains unaffected. We will immediately notify the Customer about unavailability of the item of delivery, and if we decide to withdraw from the contract we will exercise the right of withdrawal. In the case of withdrawal we will immediately reimburse the Customer any payments already made.
  3. When our Customer acquires an object of purchase for his business or professional activity, the risk of accidental destruction or accidental deterioration of the object of purchase shall pass to the Customer when the Seller delivers it to the forwarder, the carrier or any other person responsible for the shipment.

 

§ 7. Delay in acceptance

  1. If the Customer delays the acceptance or culpably breaches any cooperation obligations we are entitled to demand the refund of any damages, including any additional expenses. The pursuit of any further claims remains reserved. In other parts the statutory provisions apply.
  2. The Customer is entitled to provide us with the evidence that there was no damage or the damage was at the lower amount. The danger of destruction or accidental deterioration of the goods shall pass to the Customer, if the latter delayed the acceptance of the goods or became a debtor in default.

 

§ 8. Warranty

  1. Warranty for Users

In the case of any defects, the Customer has the right to choose whether the order shall be executed by a repair or by a substitute delivery. However, the Seller is entitled to refuse the Customer's choice of how to execute the order, if it involves high costs, provided that the other procedure does not involve significant losses for the Customer. If the replacement delivery fails or the Seller refuses to do so, the Customer may demand a reduction in the purchase price or exercise his right to withdraw. The Consumer's compensation claims remain unaffected.

  1. Warranty for Traders

If a purchase is a commercial transaction between the Seller and the Buyer, the latter must inspect incoming goods immediately upon their receipt to determine their quality and quantity and notify us in writing of any defects, otherwise the assertion of the warranty claims is excluded. Any latent defects must be reported to the Seller in writing immediately after they have been discovered. The report has to be sent with no delay to meet the deadline. In the case of defects, the Seller at his own choice guaranties a subsequent performance or replacement delivery. If the Seller provides the Customer with faultless replacement he may ask the Customer to return the goods that have been subject to a claim for defects.

  1. Any other use of purchased goods that is considered unsuitable or improper excludes all warranty claims.

§ 9. Limitations of liability

  1. Except a breach of important contractual obligations, the Seller is liable to the traders only for damages resulting from intent or gross negligence of the Seller, his legal representatives or supervisors. The Seller shall be liable for other persons performing the assigned tasks only if the persons violate the contractual obligations intentionally or due to gross negligence. Otherwise, the liability of the Seller, his statutory representatives and supervisors is limited to typical damages provided for in the contract.
  2. Except a breach of important contractual obligations, payment default or inability to perform the service, the Seller is liable to the User only for intent and gross negligence of his representatives, employees or other persons performing entrusted tasks. Otherwise, the liability of the Seller is limited to damages provided for in the contract.
  3. The limitations of liability mentioned above do not apply where the Seller takes over the express warranty as well as in cases of mortal injury, bodily harm or health damage.

 

§ 10. Privacy policy

Your personal data is confidential and the way it is processed complies with the statutory provisions on the protection of personal data. Your personal data will not be communicated to any third parties without your express content. Your personal data will be forwarded to the entities involved in delivery of goods under the provisions of the contract.

 

§ 11. Applicable law and jurisdiction

  1. The contract is governed exclusively by the law of the Federal Republic of Germany. The application of the United Nations Sales Convention on the International Sale of Goods is expressly excluded provided that is does not deprive the User of his mandatory protection rights.
  2. If the Parties are trades, legal persons or public entities of separate assets, the exclusive jurisdiction has the Court in Berlin, unless another court is designated to settle disputable matters. The same applies when the Customer has no a competent court on the territory of the European Union. The instance competence results from statutory provisions.

§ 12. Information on online dispute resolution in compliance with Article 11, item 1 of the Online Dispute Resolution

The European Commission has set up an online dispute resolution website (OS). Here you can reach an out-of-court settlement if you have a complaint about an online purchase. This website can be found by clicking on the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE

 

§ 13. Severability Clause

If any part of the General Terms and Conditions of Sale is declared unenforceable or invalid, or become unenforceable or invalid after the contract has been signed, the remaining terms and conditions will continue to be valid and enforceable. The clause that is enforceable or invalid is to be replaced by a clause coming as close as possible to the sense, spirit and purpose of this contract and fulfilling legal conditions.

II. Information for the Customer

1. Information regarding identification of the Seller

 

Kenay GmbH
Address:

Joachimsthaler Straße 15/8
10719 Berlin
Germany

Tel.: +49 30 516958999

E-mail: info@kenayeurope.co.uk

2. Information regarding essential features of each product ordered

Essential features of the product are included in the product description presented by the Seller.

3. Information regarding completion of the purchase contract

The contract is completed as indicated in §2 of the General Terms and Conditions of Sale (see paragraph 1 above)

4. Information regarding payment and delivery methods.

The payment is made as indicated in § 4, the delivery is regulated by § 6 of the General Terms and Conditions of Sale (see paragraph 1 above)

5. Information regarding procedure of concluding the contract.

1. The offer has to be put forward and accepted to make the contract intact.

2. To accept the offer, the Seller follows § 2 (3) of General Terms and Conditions of Sale (see paragraph 1).

6. Information regarding the content of the contract

The Seller writes the text of the contract and sends it to the Customer after the order has been placed. The contract includes General Terms and Conditions of Sale and customer information in form of a text (e.g. an e-mail, fax or a letter).

7. Information regarding technical measures enabling the identification and correction of errors in the entered data.

Before entering any data to the order that will be regarded as binding, the Customer can correct it using keyboard and mouse functions. All data will then reappear in the confirmation box and there it can be changed again using the keyboard and a mouse.

 

8. Information on languages the contract can be signed in

The contract can be signed in English only.

9. Instructions for health issues, price changes and product

If you are taking any medicine or you are under medical supervision, you should consult your doctor or pharmacist before taking any supplements. You should not discontinue your medical treatment without consulting your doctor.

We reserve the right to change products and their prices.

 

 

 

 

 

 

 

 

 


 

Newsletter

Sign up TODAY for 5% off

Be the first to receive interesting news and special offers from Kenay!
Join our newsletter and be prepared for exciting promotions.