These Terms & Conditions are only valid in the German language. Any translations of these Terms & Conditions are for convenience purposes only.
General Terms & Conditions
The following provisions govern the contractual provisions within the framework of contracts concluded via the website / web application www.kwickey.de between Kwickey GmbH, represented by the Managing Director Mr. Lutz Brandhoff, Steinheilstraße 11a, 80333 Munich, Germany, registered in the commercial register of the Munich District Court HRB 294389, VAT ID No. DE368739771 (hereinafter "KWICKEY") and the customers referred to in Section 2 of the following General Terms and Conditions (hereinafter "Customer(s)").
1. Scope and definitions
1.1. The following General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time of the order shall apply exclusively to the business relationship between Kwickey and the customer.
1.2. The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his or her commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person, or partnership with legal capacity, who, when concluding the contract, acts in the exercise of his or her commercial or independent professional activity.
2. KWICKEY-Account
A contract for the use of a Kwickey account between Kwickey and the customer is concluded when the customer creates a Kwickey account and clicks the "Register" button. Creating and using a Kwickey account is free of charge.
3. KWICKEY „Lost and Found Function“
3.1. The Kwickey account can be supplemented with the additional, fee-based KWICKEY "Lost and Found" service. To use the KWICKEY "Lost and Found" feature, the customer must use Kwickey Quick Response Codes (hereinafter "Kwickey Codes").
3.2. The customer has the option of ordering Kwickey codes as stickers in the customer portal and/or activating Kwickey codes for the KWICKEY “Lost and Found function”. The customer can place the Kwickey codes in a virtual shopping cart using the corresponding function; the customer can also select a Kwickey code that the customer already has in their immediate possession for the KWICKEY “Lost and Found function” and activate this function for the selected Kwickey code. By clicking the “order with payment” button, the customer, after completing the electronic ordering process, submits a legally binding contractual offer with regard to ordering the Kwickey code(s) and/or activating the KWICKEY “Lost and Found function” for the selected Kwickey code. For this purpose, a confirmation window (“Complete order”) with the details of the order will be displayed to the customer before the order process is completed. Here the customer can check and correct their details. However, the offer can only be submitted and transmitted if the customer accepts these terms and conditions by clicking on the “Accept terms and conditions” button and thereby includes them in his offer.
3.3. After Kwickey receives the order, the customer will receive a notification by email that their order has been received and is being processed. This does not constitute a contractual relationship. The confirmation of receipt of the order is merely intended to make it clear to the customer that Kwickey has received the order. The contract is only concluded when Kwickey issues a declaration of acceptance, which is sent in a separate email (order confirmation). Kwickey can accept or reject the order within 2 working days of receipt of the order. With the order confirmation or, at Kwickey’s discretion, in a separate email, but at the latest upon delivery of the Kwickey code(s) or the provision of the KWICKEY “Lost and Found function” with regard to the respective Kwickey code, the contract text (consisting of order, General Terms and Conditions and order confirmation) will be sent to the customer by Kwickey on a permanent data medium (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.
3.4. Kwickey enters into a contractual relationship exclusively with adult customers.
3.5. The contract is concluded in German.
3.6. Kwickey codes are sold only in household quantities. Multiple individual orders, each with smaller quantities of goods within a three-month period, are also considered a single order for quantities exceeding household quantities. Contracts for quantities exceeding household quantities, for example, for the purpose of commercial resale by the customer, require confirmation by Kwickey to be valid. This confirmation can be made in writing or in text form, at Kwickey's discretion.
4. Kwickey Code; KWICKEY "Lost and Found Function"; Term; Termination
4.1. The customer may attach a Kwickey code to or on a movable object.
4.2. Using the Kwickey account, the customer can offer a reward based on the "Finder Terms and Conditions" to third parties (hereinafter "Finders") for a Kwickey Code in the event that they find the movable item with the Kwickey Code attached, read it using a device, access the website linked via the Kwickey Code, and subsequently release the item to the customer. To learn about the specific reward, the Finder must accept the Finder Terms and Conditions, which apply between the customer and the Finder, after visiting the relevant website.
4.3. The award or processing of the return of a lost item is exclusively a legal relationship between the customer and the finder based on the Finder's Terms and Conditions. Kwickey is not a party to this contract and does not represent either party. Within the framework of the KWICKEY "Lost and Found Function," Kwickey offers the customer a platform for their award and provides the Finder's Terms and Conditions, which the customer makes part of their award.
4.4. The customer is free to specify the specific details of the prize draw (e.g., the name of the person to whom a lost item is to be returned; the amount of the prize draw). If the customer does not provide their own name and/or contact details in the prize draw, the customer assures Kwickey that they are authorized to do so vis-à-vis the designated third party (e.g., based on consent pursuant to Art. 6 (1) (a) GDPR).
The customer is referred to the provision of Section 971 Paragraph 1 of the German Civil Code (BGB), which reads as follows:
The finder may demand a finder's fee from the authorized recipient. The finder's fee amounts to five percent of the value of the item up to €500, three percent of the added value, and three percent for animals. If the item has value only to the authorized recipient, the finder's fee shall be determined at the discretion of the authorized recipient.
4.5. The contract term for the KWICKEY "Lost and Found Feature" ("Initial Contract Term") is twelve (12) months and begins upon acceptance of the offer by Kwickey. After the Initial Contract Term, the contract will be extended for a period of one (1) additional months (each an "Additional Contract Term") unless terminated by the customer at the end of the Initial Period or the respective Additional Contract Term. Termination occurs via the "Cancel" button in the customer account.
5. Delivery, availability
5.1. In the case of advance payment, the delivery times specified by Kwickey are calculated from the time of order confirmation. Unless otherwise specified in the webshop, the standard delivery time within Germany is 5 days. For shipments to Austria, the delivery time is expected to be extended to 10 days.
5.2. Kwickey reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not Kwickey's responsibility and Kwickey has concluded a specific hedging transaction with the supplier with due diligence. Kwickey will make all reasonable efforts to procure the product. In the event of unavailability or only partial availability of the product, the customer will be informed immediately and the consideration will be refunded immediately.
5.3. If no or insufficient quantities of the products selected by the customer are available at the time the customer places the order, Kwickey will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, Kwickey will refrain from accepting the order. In this case, no contract is concluded.
5.4. If the selected product is only temporarily unavailable or unavailable, Kwickey will notify the customer immediately by email, e.g., with the order confirmation.
5.5. Products will be delivered to the delivery address provided by the customer, unless otherwise agreed.
5.6. The customer is responsible for ensuring that the delivery address is correct and up-to-date. If the transport company returns the shipped goods to Kwickey or a third party commissioned by Kwickey to receive them because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless Kwickey or the transport company commissioned by Kwickey had notified the customer of the service a reasonable time in advance.
5.7. Kwickey only delivers to customers who can provide a delivery address in one of the following countries:
6. Retention of title
Kwickey codes ordered through the online shop remain the property of Kwickey until full payment has been made.
7. Prices, payment terms and shipping costs
7.1. Unless otherwise stated in the Kwickey online shop, the prices quoted are final prices that include statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.
7.2. Invoicing will be carried out without exception including applicable VAT and is generally based on the value of the goods ordered by the customer, plus any shipping costs stated in the order form.
7.3. The customer's payment for the initial contract term is made at the beginning of the contract term and for its entire duration. Payment for the additional contract term must be made by the customer in advance for a period of 12 months; if the contract ends before the fees paid in advance by the customer have been used up, any excess amount must be refunded by Kwickey immediately to the account from which the customer payment originated.
7.4. The customer can pay by advance payment, direct debit, PayPal, ApplePay, AmazonPay, credit card, or instant bank transfer. If the customer wishes to use direct debit, the customer agrees to grant Kwickey a SEPA core mandate / SEPA business mandate. The direct debit will be collected within six days for new customers and three days for existing customers after the invoice date. The customer is responsible for ensuring sufficient funds in the account. Costs incurred due to non-payment or reversal of the direct debit will be borne by the customer, provided that the non-payment or reversal is not Kwickey's responsibility. In individual cases, Kwickey is entitled to accept only certain payment methods depending on the customer and the selected delivery method.
7.5. Payment of the purchase price is due immediately upon conclusion of the contract. If the payment is due according to the calendar, the customer is in default simply by missing the due date. In this case, the customer must pay Kwickey default interest for the year at a rate of five percentage points above the base interest rate.
7.6. The customer's obligation to pay default interest does not preclude Kwickey from claiming further damages caused by the delay.
7.7. Ordered goods are shipped by letter via Deutsche Post. Kwickey bears the shipping risk if the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB).
7.8. Kwickey provides access to the KWICKEY "Lost and Found Function" via the website for the duration of the underlying contract.7.9. In the event of cancellation, the customer is responsible for the return shipping costs.
8. Warranty for material defects, guarantee
8.1. Kwickey is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For businesses within the meaning of Section 14 of the German Civil Code (BGB), the warranty period for items delivered by Kwickey is 12 months.
8.2. The Kwickey Code is attached using an adhesive pad on the back of the Kwickey Code. The customer is responsible for the secure attachment/adhesion of the Kwickey Code to the surface chosen by the customer. Likewise, Kwickey does not guarantee that the Kwickey Code can be attached to the surface chosen by the customer and/or that the surface chosen by the customer will not be damaged by the customer's attachment of the Kwickey Code.
8.3. Kwickey has no influence on the award or the processing of the return of a movable item bearing a Kwickey Code. Kwickey therefore assumes no liability for the fact that a movable item bearing a Kwickey code will actually be returned to the customer in the event of loss, or that the customer will only be required to pay the finder the amount stated in the offer.
8.4. An additional guarantee exists for products delivered and/or provided by Kwickey only if this was expressly stated in the order confirmation for the respective product.
9. Liability
9.1. Customer claims for damages are excluded. Excluded from this are customer claims for damages resulting from injury to life, body, or health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by Kwickey, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
9.2. In the event of a breach of essential contractual obligations, Kwickey is only liable for the typical, foreseeable damage caused by simple negligence, unless the customer's claims for damages result from injury to life, body, or health.
9.3. The restrictions in sections 9.1 and 9.2 also apply to Kwickey's legal representatives and vicarious agents if claims are asserted directly against them.
9.4. The limitations arising from sections 9.1. The limitations of liability resulting from Sections 9.1 and 9.2 shall not apply if Kwickey has fraudulently concealed the defect or has provided a guarantee for the quality of the item. The same applies if Kwickey and the customer have entered into an agreement regarding the quality of a product. The provisions of the Product Liability Act remain unaffected.
10. Cancellation policy
10.1. Consumers have a statutory right of withdrawal when concluding a distance selling contract, which Kwickey informs them of below in accordance with the statutory model. Exceptions to the right of withdrawal are regulated in Section 10.2. A model withdrawal form can be found in Section 10.3.
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.To exercise your right of withdrawal, you must inform us (ADDRESS, TELEPHONE, E-MAIL) of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached model cancellation form for this purpose, although this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. Consequences of cancellation If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; Under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
10.2. The right of withdrawal does not apply to contracts for goods that can spoil quickly or whose expiration date would be quickly exceeded, as well as to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
10.3. Kwickey provides information about the model cancellation form in accordance with legal regulations as follows:
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it to us)
To
KWICKEY GmbH
Steinheilstraße 11a
80333 Munich
Germany
info@kwickey.com
www.kwickey.com
+ 49 89 54575411
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):
(*) Delete as appropriate
11. Final provisions
11.1. Contracts between Kwickey and the customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has their habitual residence, remain unaffected.
11.2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Kwickey is Kwickey's registered office.
11.3. Even if individual provisions are legally invalid, the contract remains binding in its remaining parts. The invalid provisions, where applicable, shall be replaced by the statutory provisions. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.