TERMS AND CONDITIONS

Table of Contents

I. Scope
II. Conclusion of Contract
III. Right of withdrawal
IV. Terms of Delivery
V. Terms of payment
VI. Retention of title
VII. Warranty
VIII. Special provisions for gift vouchers
IX. Special provisions for promotional vouchers
X. Special provisions regarding freebies
XI. Registration numbers
XII. Amendments to the Terms and Conditions or our services
XIII. Use of Artificial Intelligence (AI)
XIV. Data Protection
XV. Customer Service
XVI. Consumer Arbitration Board
XVII. Online Dispute Resolution
XVIII. Applicable law and jurisdiction
XIX. Note on the use of AI-powered tools in image creation

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 via our website or our catalogue between you, as our customer, and us:

KF Design GmbH
Managing Director:
Nico Gerlach
Nauenweg 42 e
47805 Krefeld
Germany
Tel.: +49 2151 6 23 39- 0
Fax: +49 2151 6 23 39- 11
Email: service@remenber.live
Register court: Local Court Krefeld
Registration number: HRB 71 81

These Terms and Conditions apply equally to businesses and consumers. Provisions applicable only to businesses or consumers are marked as such.

II. Conclusion of contract

(1) The presentation and promotion of products on our website and in our catalogues do not in themselves constitute a binding offer to conclude a contract, but merely an invitation to make such an offer (proposal).

(2) You may place your order via the online ordering facility provided on our website, via the contact form, by email, by fax, by post or by telephone (order hotline). If you are a consumer, the Terms and Conditions shall form part of the contract if, at the time of concluding the contract, we draw your attention to them, give you the opportunity to familiarise yourself with their content, and you agree to their validity. If you are a business customer, it is sufficient for us to clearly draw your attention to our Terms and Conditions and for you not to object to them.

(3) The contract is concluded via the online ordering facility on our website in the following steps:

(a) You can select the products offered on our website and add them to your online shopping basket. Before submitting your order, you can view and amend the contents of your shopping basket at any time. You can correct your entries using the standard mouse and keyboard functions, as well as your web browser’s ‘Back’ function, before completing the ordering process by clicking the ‘Buy’ button. You can identify any input errors by reading the information displayed in your web browser carefully and by checking the details you have entered thoroughly. If necessary, you can also use the zoom function (‘magnifying glass’) in your web browser for this purpose. You can also end the ordering process at any time by closing your web browser window.

(b) By submitting an order via the online ordering facility on our website by clicking the ‘Buy’ button, you are placing a legally binding order for the products in your shopping basket. However, this order can only be placed and submitted if you have first accepted these Terms and Conditions by ticking the relevant checkbox.

(c) We will confirm receipt of your order immediately by email. This email will list your order details once again. You can print this out using the ‘Print’ function. This automatic acknowledgement of receipt merely confirms that we have received your order; it does not constitute acceptance of your order unless we expressly state our acceptance in the email alongside the confirmation of receipt.

(d) You are bound by the order for a period of 7 days following its submission; any right you may have to cancel your order remains unaffected by this.

(e) The contract is only concluded once we have confirmed acceptance of your order. This confirmation is usually provided in a separate email (order confirmation).

(4) The conclusion of a contract via our order hotline (catalogue) takes place in the following steps:

(a) You provide our order hotline staff with your chosen products and your address details

(b) The order hotline representative will provide you with the order details, including the price, delivery charges and delivery time. Your verbal confirmation constitutes a binding order.

(c) The contract is only concluded once we have confirmed acceptance of your order, but no later than when the ordered goods are dispatched.

(5) In our email confirming receipt or order confirmation, or in a separate email, but no later than upon delivery of the goods, we will send you the text of the contract on a durable medium, for example as an email or a printed copy (contract confirmation). The text of the contract consists of your order, our Terms and Conditions and the order confirmation.

(6) We store the text of the contract in compliance with data protection regulations. Apart from sending it to you as described above, we do not make the text of the contract available to you.

(7) The contract is concluded in German.

(8) Should it not be possible to deliver a product you have ordered, we shall refrain from issuing a declaration of acceptance. In this case, no contract shall be formed. We will inform you of this without delay and refund any payment already received immediately. If ordered items are unavailable, we will, where possible, first send you the available products as a partial delivery, provided this is reasonable for you. We will, of course, cover the delivery costs for the subsequent dispatch.

(9) If you have provided your email address as part of the ordering process or in connection with other enquiries, it is your responsibility to ensure that the email address you have provided exists, is correct, and that you are able to receive emails at this address from us or from third parties commissioned by us to process your order. Automatic spam filters must be configured and monitored accordingly.

(10) You agree to receive invoices sent electronically.

(11) All prices stated on our website and in the catalogue are total prices including statutory VAT and other price components, plus delivery charges.

III. Right of withdrawal

If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB) – that is, a natural person placing an order for a purpose that is predominantly neither part of your commercial nor self-employed professional activity – you are entitled to a right of withdrawal in accordance with the statutory provisions. Further information on the right of withdrawal can be found in our cancellation policy.

Should you exercise your right of withdrawal in respect of 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 delivery, we are entitled to charge you for the delivery costs of this remaining part of the order.

IV. Terms of Delivery

(1) Unless otherwise agreed, delivery will be made to the delivery address you have specified.

(2) If you choose PayPal as your payment method, delivery will be made to the delivery address you provided to PayPal at the time of payment.

(3) If the goods you have ordered are delivered by a haulage contractor, delivery is made ‘kerbside’. This means that the goods are delivered to the public kerb closest to the delivery address you have provided. Any deviations may arise from the dispatch information provided on our website or from a separate 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 agreed otherwise with you. It begins upon conclusion of the contract.

(6) Within Germany, we charge a shipping fee of €5.95. Different shipping and payment terms apply to international deliveries. If you are ordering from the catalogue, please contact us by telephone on +49 2151 62339-0 for advice on this matter.

(7) It is not possible to collect your ordered goods in person.

V. Terms of payment

(1) Payment by SEPA direct debit: We offer payment via SEPA direct debit. This payment option is only available for delivery and billing addresses in Germany.

(2) Payment by credit card: We accept payments by Mastercard and Visa credit cards.

(3) Payment on account: We offer a 30-day purchase on account via Ratepay (Ratepay GmbH, Ritterstr. 12–14, 10969 Berlin). The exact terms and conditions can be found on the Ratepay website: https://www.ratepay.com/legal-payment-terms/

(4) Payment processing via the payment service provider PayPal: We offer you the following payment options 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, PayLater or PayPal Express: If you select this payment method, you will be redirected to the PayPal website as part of the ordering process. To make the payment, you must either register there or log in using your account details. PayPal’s Terms of Service apply, which can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. Once you have authenticated yourself there using your login details, you must confirm the payment instruction to us. We will instruct PayPal to initiate the payment transaction once you have placed your order. For payments processed via PayPal, the following also apply: PayPal’s General Terms and Conditions https://www.paypal.com/de/webapps/mpp/ua/legalhub-full, PayPal’s Terms of Service https://www.paypal.com/de/webapps/mpp/ua/useragreement-full and the terms and conditions for ‘Payments without a PayPal account’ https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

(5) You may change the payment method stored in your user account at any time.

(6) If you wish to have goods delivered to a country outside the European Union, this may result in additional costs for which we are not responsible and which you will be required to bear. These include, among other things, fees charged by banks for international money transfers, such as transfer or exchange rate charges. In addition, there may be public charges arising from importation, such as taxes or customs duties. Please note that such transaction-related costs may apply regardless of the delivery location, even if you make the payment from a country outside the European Union.

VI. Retention of title

The goods delivered remain our property until the purchase price has been paid in full.

If you are a business, you may, as a purchaser, sell the goods to customers in the ordinary course of business. In doing so, you assign to us the claim against the third party arising from the sale. 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 enforce the claim ourselves.

VII. Warranty

(1) We are liable for material defects or defects of title in delivered goods in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).

(2) If you are a business, the following provisions apply to contracts for the supply of goods: For new goods, the limitation period for claims arising from defects is one year from the date of delivery of the goods. As the seller, we are entitled to choose the remedy for non-performance. Even if a replacement delivery is made under the warranty for defects, the limitation period does not recommence.

(3) The above limitations of liability and shortened limitation periods do not apply to claims for damages and reimbursement of expenses, provided that we, as the seller, have fraudulently concealed the defect.

(4) In addition to claims arising from material defects or defects of title, there may be guarantees provided by us for certain goods or manufacturer’s guarantees granted by the manufacturers of certain goods. Details regarding the scope of such guarantees are set out in the respective guarantee statement.

(5) If you receive goods that show obvious signs of damage caused during transit, please inform us and lodge a complaint with the delivery company. However, this does not affect your statutory or contractual warranty rights.

VIII. Special provisions for gift vouchers

(1) We offer gift vouchers for purchase on our website. Unless otherwise agreed, gift vouchers are vouchers issued by us which can be redeemed on our website. The following terms and conditions apply to gift vouchers.

(2) Gift vouchers purchased from us are provided to you via download, by email, by post or via on-screen display.

(3) Unless otherwise agreed, gift vouchers can only be redeemed in our online shop before the order process is completed. Gift vouchers cannot be applied retrospectively. You may redeem multiple gift vouchers when placing an 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 may pay the amount not covered by the gift voucher using the payment methods we offer.

(6) Gift vouchers are transferable to third parties and may be redeemed by them. We may fulfil our obligations to the person redeeming the gift voucher with discharging effect, unless we are aware, or are grossly negligent in failing to be aware, that this person lacks legal capacity, is not authorised or is not authorised to act on behalf of another.

(7) Unless otherwise agreed, you may redeem a gift voucher by the end of the third year following the year in which the voucher was purchased. Subject to any agreement to the contrary, the above also applies to any remaining credit still available on a gift voucher.

(8) The credit balance on the gift voucher cannot be redeemed for cash, nor does it accrue interest.

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 which we provide free of charge in connection with promotional campaigns; they cannot be purchased, are valid only for a limited period and can only be redeemed on our website. The following rules apply to promotional vouchers.

(2) Unless otherwise agreed, promotional vouchers can only be redeemed on our website before the order process is completed. Promotional vouchers can no longer be redeemed once their validity period has expired. Promotional vouchers cannot be applied retrospectively. You may only redeem one promotional voucher per order.

(3) Unless otherwise stated, you may only redeem promotional vouchers with us as a consumer.

(4) We are entitled to restrict the validity of promotional vouchers to specific products or to exclude their validity for certain products. Any such restriction is specified in the terms of the relevant promotional voucher.

(5) The total value of your order must be equal to or exceed the stated value of the promotional voucher. We will not refund any difference between these values, i.e. any remaining credit.

(6) If you exercise your statutory right of withdrawal and return the goods in question, for which you paid in full or in part using the promotional voucher, the value of the promotional voucher will not be refunded.

(7) The value of the promotional voucher cannot be redeemed for cash, nor does it accrue interest.

(8) If the total value of your order exceeds the value of the promotional voucher, you may pay the amount not covered by the promotional voucher using the payment methods we offer.

(9) Promotional vouchers are not transferable to third parties and may only be redeemed by the person named on the promotional voucher. We reserve the right to verify whether the person named on the promotional voucher is entitled to redeem the gift voucher; however, we are under no obligation to do so.

(10) Gift vouchers are not included in the minimum order value if a minimum order value is required for a promotion or free gift offer.

X. Special provisions regarding freebies

(1) We also offer our customers free gifts on a case-by-case basis. A free gift is an ancillary item or service which we announce, offer or provide in addition to a main item or service. The following provisions apply to free gifts.

(2) Free gifts are listed at a price of €0.00 and may be added to the shopping basket. They thereby become the subject of a contract of sale concluded between you and us, with the specific provision that the purchase price for the free gift is €0.00. In this case, the statutory warranty under the Sale of Goods Act pursuant to Sections 433 et seq. of the German Civil Code (BGB) applies in accordance with Clause VII.

(3) If, as a consumer, you withdraw from the contract in its entirety, you must return both the main goods and any free gifts to us, as we do not accept partial withdrawals from sales contracts relating to free gifts.

XI. Registration numbers

Where we are subject to statutory registration, identification or manufacturer liability obligations in individual countries, we provide the relevant registration numbers or identification numbers for the affected product categories below:

Germany
Electrical appliances: WEEE reg. no. DE 35581348

France
Furniture: IDU FR464669_10BDTN
Toys: IDU FR464669_12HEZX
Textiles: IDU FR466573_11TQVD
Packaging: IDU FR466573_01TFFP
Electrical appliances: IDU FR466573_05FZZI
Batteries: IDU FR466573_06SVPO

Italy
Electrical appliances: IT26040000018476
Battery: IT26040P00012262

XII. Amendments to the Terms and Conditions or our services

(1) We reserve the right to amend our Terms and Conditions or our services,

(a) if our Terms and Conditions or our services need to be adapted to comply with applicable law, in particular in the event of changes to the legal framework, developments in case law, or if we are required to comply with a court or regulatory decision,

(b) if technical or procedural changes, which have no significant impact on you, necessitate an amendment to the Terms and Conditions or our services,

(c) if we offer new or additional services that must be included in the Terms and Conditions, and this does not entail any disadvantages for the existing contractual relationship with you, or

(d) if the changes to our Terms and Conditions or our services are solely to your legal advantage.

(2) You will be notified of any changes in writing, by fax or by email. If you do not object to such a change within six (6) weeks of receiving the notification, the changes shall be deemed to have been accepted by you. You will be separately informed 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.

XIII. Use of Artificial Intelligence (AI)

In some cases, we may use artificial intelligence technologies to assist with the creation, optimisation and provision of content on our website. This may relate in particular to product descriptions, images, graphics, marketing content and parts of our customer communications.

Furthermore, we use AI-powered processes for the automated extraction and processing of orders received via order forms from printed catalogues, inserts, faxes, letters or similar order formats. Prior to final processing, a plausibility check is carried out by trained staff. As part of this processing, personal data is also transferred to a service provider based in the USA; this transfer is carried out on the basis of the EU Commission’s Standard Contractual Clauses in accordance with Article 46(2)(c) of the GDPR. Further information on the processing of personal data in this context can be found in our privacy policy.

Where content is created wholly or partly using AI, it undergoes appropriate editorial review prior to publication. The use of such technologies is carried out in accordance with the relevant legal requirements, in particular Regulation (EU) 2024/1689 (EU AI Regulation / AI Act) and the applicable data protection provisions. Individual content is only specifically labelled where required by law.

XIV. Data Protection

Please refer to our Privacy Policy for information on the processing of personal data.

XV. Customer Service

If you have any questions, complaints or claims, you can contact us by telephone on +49 21516 23 39-0 or by email at service@remenber.live.

XVI. Consumer Arbitration Board

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

XVII. Online Dispute Resolution

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

XVIII. Applicable law and 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 governing 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, as a customer, you are a trader, 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. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.

XIX. Note on the use of AI-powered tools in image creation

We use generative AI-powered tools to create and edit product and ambient images on our website, in our catalogues and in other promotional materials. This includes both the editing of photographic images and the complete generation of visual content. All products shown correspond in shape, colour and other characteristics to the items actually on offer.