TERMS&CONDITIONS

Terms of Service

1. Scope

The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.

2. Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with Orange Kiss Retail.
By placing the products in the online shop, we are submitting a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you click the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.

3. Contract language, contract text storage

The language (s) available for the conclusion of the contract: German, English
The contract text is not stored by us.

4. Terms of delivery

In addition to the stated product prices, shipping costs may also apply. You can find more detailed provisions on any shipping costs incurred in the offers.
In principle, you have the option of pick-up at Orange Kiss, Südstrandpromenade 9, 23769 Fehmarn, Germany during the following business hours: Current times can be found on Google under Orange Kiss Fehmarn.

5. Payment

The following payment methods are generally available in our shop:
Payment in advance
If you choose the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
PayPal
In order to receive the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after the order has been placed. You will receive further information during the ordering process.
Cash on pickup
You pay the invoice amount in cash when you pick it up.

6. Right of withdrawal

Consumers have the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of Title

The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale - regardless of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations. At your request, we will release the securities to which we are entitled insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment.

9. Warranties and Guarantees

9.1 Right to liability for defects

Unless expressly agreed otherwise below, the statutory right to liability for defects applies.
The following restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, body or health

in the event of willful or grossly negligent breach of duty as well as malice

in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the contractual partner may regularly rely (cardinal obligations)

as part of a guarantee promise, if agreed, or as far as the scope of the product liability law is opened.

Restrictions on entrepreneurs
With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations for merchants
The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.

9.2 Warranties and customer service

Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.

10. Liability

We are always unrestrictedly liable for claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, body or health,

in the event of willful or grossly negligent breach of duty,

in the case of guarantee promises, if agreed, or

as far as the scope of the product liability law is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which can typically be expected.
In addition, claims for damages are excluded.

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution, which you can find here. We are ready to take part in an out-of-court arbitration procedure before a consumer arbitration board.
Responsible is the out-of-court dispute settlement body for consumers and entrepreneurs e. V., Hohe Straße 11, D-04107 Leipzig, www.streitbeilegungsstelle.org.

12. Final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN sales law.
If you are a merchant within the meaning of the Commercial Code, 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 us and you is our place of business.

Terms and conditions created with the Trusted Shops legal writer in cooperation with FÖHLISCH lawyers.