Terms and Conditions

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Kiffe Golf Manufaktur GmbH) via the website https://kiffe-golf.com/shop . Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected. (2) For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the exercise of their independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods and/or the provision of services (trolley inspections). (2) By placing the respective product on our website, we submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description. (3) The contract is concluded via the online shopping cart system as follows: The goods or services intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order details are displayed to you as an order summary. If you use an instant payment system (e.g., PayPal/PayPal Express, Amazon Payments, instant bank transfer) as your payment method, you will either be taken to the order summary page in our online shop or redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, please make the appropriate selections or enter your data there. Finally, the order details will be displayed as an order summary on the instant payment system provider's website or after you have been redirected back to our online shop. Before submitting your order, you have the opportunity to review the information in the order summary, change it (also using your browser's "back" function), or cancel the order. By submitting the order via the corresponding button ("order with obligation to pay" or similar wording), you legally accept the offer, thereby concluding the contract. (4) Your inquiries regarding the creation of an offer are non-binding. We will then submit a binding offer to you in written form (e.g., by email), which you can accept within 5 days (unless a different period is specified in the respective offer). (5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed and, in particular, that it is not prevented by spam filters.

§ 3 Individually designed goods

(1) You shall provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract. Our specifications regarding file formats must be observed. (2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable laws. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of any legal representation required in this connection. (3) We do not review the transmitted data for accuracy and therefore assume no liability for errors.

§ 4 Provision of services

(1) Insofar as services (e.g., trolley inspections) are the subject of the contract, we are obligated to provide the individual services specified in the service description. We will perform these services to the best of our knowledge and belief, either personally or through third parties. (2) The services will be provided on the agreed dates. (3) You are obligated to cooperate insofar as we require further information or a specific action from you to provide the service. (4) If you exercise your right of termination pursuant to Section 648 Sentence 1 of the German Civil Code (BGB), we may demand a flat-rate compensation of 10% of the agreed remuneration if the service has not yet commenced. However, if a statutory right of withdrawal exists, this only applies if you exercise your right of termination after the withdrawal period has expired. You retain the right to prove that we actually incurred no costs or significantly lower costs.

§ 5 Right of retention, reservation of title

(1) You may only exercise a right of retention to the extent that it relates to claims arising from the same contractual relationship. (2) The goods remain our property until full payment of the purchase price. (3) If you are an entrepreneur, the following also applies: a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or assigning the goods as security is not permitted before title has passed. b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims amounting to the invoice price that arise from the resale; we accept this assignment. You remain authorized to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves. c) In the event of combination or mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title relative to the other processed items at the time of processing. d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.

§ 6 Warranty

(1) The statutory warranty rights apply. (2) For used goods, warranty claims are excluded if the defect only becomes apparent after one year from delivery of the goods. If the defect becomes apparent within one year of delivery, warranty claims can be asserted within the statutory limitation period of two years from delivery of the goods. The foregoing limitation does not apply: – to damages attributable to us caused by culpable injury to life, body, or health, and to other damages caused intentionally or by gross negligence; – insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods. (3) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights. (4) If you are an entrepreneur, the following provisions apply in deviation from the above warranty regulations: a) Only our own specifications and the manufacturer's product description are considered agreed upon as the quality of the goods, not other advertising, public statements, or pronouncements by the manufacturer. b) In the event of defects, we will, at our discretion, provide a remedy by repair or replacement. If the remedy fails, you may, at your option, demand a reduction in price or withdraw from the contract. The remedy is deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect, or other circumstances, indicate otherwise. In the case of repair, we are not obligated to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless such transport is in accordance with the intended use of the goods. c) The warranty period is one year from delivery of the goods. The shortened limitation period does not apply: – to damages attributable to us caused by culpable injury to life, body or health, and to other damages caused intentionally or by gross negligence; – insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods; – to goods that, according to their usual purpose, have been used for a building and have caused its defectiveness; – to statutory recourse claims that you have against us in connection with warranty rights.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law). (2) The place of performance for all services arising from business relationships with us, as well as the place of jurisdiction, is our registered office, unless you are a consumer, but rather a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at another legally established place of jurisdiction. (3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded.