Terms and conditions

English translation for convenience. The legally binding version is the German text at /agb.

The following provisions govern the contractual terms for contracts concluded via the website / web application www.kwickey.com between Kwickey GmbH, represented by managing director Mr Lutz Brandhoff, Steinheilstraße 11a, 80333 Munich, Germany, registered in the commercial register of the Munich Local Court under HRB 294389, VAT ID DE368739771 (hereinafter “KWICKEY”) and the customers referred to in Section 2 of these General Terms and Conditions (hereinafter “Customer(s)”).

1. Scope & definitions

1.1. The business relationship between KWICKEY and the Customer is governed exclusively by the following General Terms and Conditions (hereinafter “GTC”) in the version valid at the time the order is placed.

1.2. The Customer is a consumer where the purpose of the ordered deliveries and services cannot predominantly be attributed to their commercial or self-employed professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that acts in the exercise of their commercial or self-employed professional activity when entering into the contract.

2. Kwickey account

A contract for the use of a Kwickey account between Kwickey and the Customer is formed 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 may be supplemented by the additional paid service KWICKEY “Lost And Found Function”. To use the KWICKEY “Lost And Found Function”, the Customer must use Quick Response codes (hereinafter “KWICKEY code”) provided by KWICKEY.

3.2. The Customer may order KWICKEY codes as stickers in the customer portal and/or activate KWICKEY codes for the KWICKEY “Lost And Found Function”. The Customer can add KWICKEY codes to a virtual shopping cart via the corresponding function; furthermore, the Customer may select a KWICKEY code already in their immediate possession for the KWICKEY “Lost And Found Function” and activate this function in relation to the selected Kwickey code. By clicking the “order with obligation to pay” button, the Customer, after completing the electronic ordering process, submits a legally binding contractual offer regarding the order of the KWICKEY code(s) and/or the activation of the KWICKEY “Lost And Found Function” in relation to the selected KWICKEY code. Before completing the order process, the Customer is shown a confirmation window (“Complete order”) with the details of their order. Here the Customer can review and correct their information. The offer can, however, only be submitted and transmitted if the Customer accepts these GTC by clicking the “Accept GTC” button and thereby incorporates them into their offer.

3.3. After KWICKEY receives the order, the Customer is notified by email that their order has been received and is being processed. This does not yet establish a contractual relationship. The order confirmation is intended merely to inform the Customer that the order has been received by KWICKEY. The contract is formed only when Kwickey submits a declaration of acceptance, which is sent in a separate email (order confirmation). Kwickey may accept or reject the order within 2 business days of receipt of the order. Together with the order confirmation or, at KWICKEY’s option, in a separate email, but at the latest upon delivery of the Kwickey code(s) or provision of the KWICKEY “Lost And Found Function” in relation to the relevant KWICKEY code, the contract text (consisting of the order, GTC and order confirmation) is sent to the Customer by Kwickey on a durable medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection provisions.

3.4. KWICKEY enters into contractual relationships exclusively with Customers of legal age.

3.5. The contract is concluded in German.

3.6. KWICKEY codes are sold only in household quantities. Multiple individual orders with smaller quantities each within a period of 3 months are also treated as one order exceeding household quantities. Corresponding contracts for quantities larger than household quantities, for example for the purpose of commercial resale by the Customer, require confirmation by Kwickey to be effective. This confirmation may, at KWICKEY’s option, be given in written or text form.

4. Kwickey code; KWICKEY “Lost And Found Function”; term of use; termination

4.1. The Customer may attach a KWICKEY code to or on a movable item.

4.2. Via the KWICKEY account, the Customer may offer a reward in relation to a KWICKEY code to third parties (hereinafter “Finder”) on the basis of the “Finder GTC”, in the event that they find the movable item bearing the KWICKEY code, read it using an end device, visit the website linked via the KWICKEY code and subsequently return the item to the Customer. To learn about the specific reward offer, the Finder must accept the Finder GTC, which apply between the Customer and the Finder, after visiting the relevant website.

4.3. The reward offer and/or the handling of the return of a lost item is exclusively a legal relationship between the Customer and the Finder on the basis of the Finder GTC. Kwickey is not a party to this contract and does not represent either contracting party. Within the KWICKEY “Lost And Found Function”, KWICKEY provides the Customer with a platform for their reward offer and makes the Finder GTC available, which the Customer incorporates into their reward offer.

4.4. The Customer is free to design the specific reward offer (e.g. name of the person to whom a found item should be returned; amount of the reward). If the Customer does not provide their own name and/or contact details within the reward offer, the Customer assures Kwickey that they are authorised to do so vis-à-vis the named third party (e.g. on the basis of consent pursuant to Art. 6(1)(a) GDPR).

The Customer is advised of the provision of Section 971(1) BGB (German Civil Code), which reads as follows:

The finder may demand a finder’s fee from the person entitled to receive the item. The finder’s fee is five per cent of the value of the item up to EUR 500, three per cent of any amount in excess of that, and three per cent in the case of animals. If the item has value only for the person entitled to receive it, the finder’s fee is to be determined at equitable discretion.

4.5. Upon acceptance of the offer by KWICKEY and full receipt of the one-time amount owed for the respective KWICKEY code and/or the respective activation of the KWICKEY “Lost And Found Function”, the Customer receives an unlimited, non-exclusive right of use of the KWICKEY “Lost And Found Function” in relation to the relevant KWICKEY code. Ordinary termination is excluded. The right of use covers use of the functions existing at the time of conclusion of the contract for the contractually intended purpose, maintenance of future technical standards or adaptation to changed legal or technical framework conditions. KWICKEY is entitled to suspend the KWICKEY “Lost And Found Function” for good cause or to terminate the contract extraordinarily. Good cause exists in particular if the Customer uses the KWICKEY “Lost And Found Function” unlawfully or abusively or breaches material contractual obligations. In the event that KWICKEY permanently ceases its business operations, enters liquidation, insolvency proceedings are opened over KWICKEY’s assets or are rejected for lack of assets, or the KWICKEY “Lost And Found Function” is no longer operated permanently by KWICKEY itself or by a legal successor or a third party commissioned by KWICKEY, the right of use granted to the Customer shall otherwise remain in place; however, KWICKEY will, to the extent legally permissible, actually feasible and taking into account any third-party rights, make available to the Customer in a common electronic format the customer and activation data required for continued use of the functions existing at the time of conclusion of the contract in relation to already activated KWICKEY codes, or enable continued use by a legal successor or a third party commissioned by KWICKEY. Further claims by the Customer to continued hosting, maintenance, support or development services or to provision of the source code do not exist.

5. Delivery, availability

5.1. The delivery times stated by KWICKEY are calculated in the case of advance payment from the time of order confirmation. If no or no deviating delivery times are stated in the web shop, the regular delivery time within Germany is 5 days. For shipment to Austria, the delivery time is expected to extend to 10 days.

5.2. KWICKEY reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only where non-delivery is not attributable to Kwickey and KWICKEY has concluded a specific covering transaction with the supplier with due care. 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 without undue delay and the consideration will be refunded without undue delay.

5.3. If at the time of the Customer’s order no or an insufficient number of the products selected by the Customer are available, KWICKEY will inform the Customer of this without undue delay in the order confirmation. If the product is permanently unavailable for delivery, KWICKEY will refrain from submitting a declaration of acceptance. In this case no contract is formed.

5.4. If the selected product is only temporarily unavailable for delivery or use, KWICKEY will inform the Customer of this without undue delay by email, for example with the order confirmation.

5.5. Products are delivered by post to the delivery address specified by the Customer, unless otherwise agreed.

5.6. The Customer must ensure that the delivery address is correct and up to date. If the carrier returns the shipped goods to KWICKEY or a third party commissioned by KWICKEY to accept delivery because delivery to the Customer was not possible, the Customer bears the costs of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless KWICKEY or the carrier commissioned by KWICKEY had announced the service to them a reasonable time in advance.

5.7. Kwickey delivers only to Customers who can provide a delivery address in one of the following countries:

• Germany
• Austria

6. Retention of title

Until full payment, KWICKEY codes ordered via the online shop remain the property of KWICKEY.

7. Prices, payment terms and shipping costs

7.1. Unless the KWICKEY online shop provides otherwise, the prices stated are final prices including statutory value added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

7.2. Invoicing is invariably inclusive of applicable value added tax and is generally based on the value of goods ordered by the Customer plus shipping costs, if any, as shown in the order form.

7.3. The Customer’s payment for activation of the KWICKEY “Lost And Found Function” is a one-time amount and is due upon conclusion of the contract for the entire unlimited term of use. Recurring usage fees do not apply.

7.4. The Customer may pay by advance payment, direct debit, PayPal, Apple Pay, Amazon Pay, credit card or instant bank transfer. If the Customer wishes direct debit collection, the Customer undertakes to grant Kwickey a SEPA basic mandate / SEPA business mandate. Direct debit collection takes place within six days for new customers and within three days after the invoice date for existing customers. The Customer must ensure that the account is covered. Costs arising from non-collection or chargeback of the direct debit are borne by the Customer, provided non-collection or chargeback is not attributable to Kwickey. 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 due date of payment is determined by the calendar, the Customer is already in default by missing the date. In this case they must pay KWICKEY default interest for the year at five percentage points above the base rate.

7.6. The Customer’s obligation to pay default interest does not exclude assertion of further default damages by KWICKEY.

7.7. Ordered goods are shipped by letter via Deutsche Post. Kwickey bears the shipping risk provided the Customer is a consumer within the meaning of Section 13 BGB.

7.8. Access to the KWICKEY “Lost And Found Function” is provided by KWICKEY via the website for the duration of the unlimited right of use granted pursuant to Section 4.5.

7.9. In the event of withdrawal, the costs of return shipment are borne by the Customer.

8. Warranty for defects, guarantee

8.1. KWICKEY is liable for defects in goods in accordance with the applicable statutory provisions, in particular Sections 434 et seq. BGB. Towards entrepreneurs within the meaning of Section 14 BGB, the warranty period for goods delivered by KWICKEY is 12 months.

8.2. The Kwickey code is attached by means of an adhesive surface on the reverse side of the KWICKEY code. The Customer is themselves responsible for secure attachment / adhesion of the KWICKEY code on the surface chosen by the Customer; likewise Kwickey gives no warranty that the KWICKEY code can be attached to the surface chosen by the Customer and/or that the surface chosen by the Customer suffers no damage from attachment of the KWICKEY code by the Customer.

8.3. KWICKEY has no influence on the reward offer or the handling of the return of a movable item bearing a KWICKEY code. Kwickey therefore gives no warranty 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 have to pay the amount stated in the reward offer to the Finder.

8.4. An additional guarantee exists for products delivered and/or provided by KWICKEY only if it was expressly given in the order confirmation for the respective product.

9. Liability

9.1. Claims by the Customer for damages are excluded. Excluded from this are claims by the Customer for damages arising from injury to life, body or health or from breach of material contractual obligations (cardinal obligations) as well as liability for other damage based on intentional or grossly negligent breach of duty by KWICKEY, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.

9.2. In the event of breach of material contractual obligations, KWICKEY is liable only for the contract-typical, foreseeable damage if this was caused by simple negligence, unless the claims are for damages arising from injury to life, body or health.

9.3. The limitations in Sections 9.1 and 9.2 also apply in favour of the legal representatives and vicarious agents of KWICKEY if claims are asserted directly against them.

9.4. The liability limitations resulting from Sections 9.1 and 9.2 do not apply where KWICKEY fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies where KWICKEY and the Customer have agreed on the quality of an item. The provisions of the German Product Liability Act remain unaffected.

10. Right of withdrawal information

10.1. Consumers have a statutory right of withdrawal when concluding a distance contract, about which we inform you below in accordance with the statutory model. Exceptions to the right of withdrawal are set out in Section 10.2. Section 10.3 contains a model withdrawal form.

Right of withdrawal information

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or takes possession of the goods.

To exercise your right of withdrawal, you must inform us

KWICKEY GmbH
Steinheilstraße 11a
80333 Munich
Germany
Phone: +49 89 54575411
Email: info@kwickey.com

by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this reimbursement we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

10.2. The right of withdrawal does not exist for contracts for goods that may deteriorate quickly or whose best-before date would expire quickly, nor for contracts for the delivery of sealed goods that 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 on the model withdrawal form in accordance with the statutory provision as follows:

Model withdrawal form

(If you wish to withdraw from the contract, please complete and return this form)

To
KWICKEY GmbH
Steinheilstraße 11a
80333 Munich
Germany
info@kwickey.com
www.kwickey.com
+49 89 54575411

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):

• Ordered on (*) / received on (*):
• Name of consumer(s):
• Address of consumer(s):
• Signature of consumer(s) (only if this notice is on paper):
• Date

(*) Delete as appropriate

11. Final provisions

11.1. Contracts between KWICKEY and Customers are governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting choice of law and the applicability of mandatory provisions, in particular of the state in which the Customer as 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. The contract remains binding in its remaining parts even if individual points are legally invalid. Invalid points are replaced, where available, by the statutory provisions. However, if this would represent an unreasonable hardship for a contracting party, the contract as a whole shall be invalid.