General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as "Terms") govern the use of the e-commerce platform “kadomessouh.com” (hereinafter referred to as "Platform") operated by KADO MESSOUH (hereinafter referred to as "Company"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Platform.
1. Validity and scope of application
a. The subject of these General Terms and Conditions are all contractual relationships between KADO MESSOUH and its contractual partners, consequently also referred to as "customers". Our online store is aimed exclusively at consumers. b. A consumer is any person who enters into a legal transaction for purposes that can predominantly be attributed neither to his/her commercial nor to his/her independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
2. Subject matter of the contract and conclusion of the contract
a. The subject matter of the contract is the sale of products (i.e. clothings and accessories for men, women and children, home decoration objects as well as other products for daily use) which are offered in our online store. Further details and information, particularly the essential characteristics of the products, can be found in the item description and the supplementary information on our website. b. The purchase contract is concluded with KADO MESSOUH. c. By placing the products in our store, we make a binding offer to conclude a contract. You can correct your binding order at any time after you have placed the item in the shopping basket by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail. We store the text of the contract and send you the order data and our GTC in text form in the respective order confirmation.
3. Contract language
The languages available for the conclusion of the contract are English and German.
FINAL DRAFT – 08.04.2024
GUIMAT CONSULTING
4. Buyer account / Registration
a. Viewing and visiting the online store, as well as all offer pages, is free of charge and possible without registration.
b. To access certain features of the Platform, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
c. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify KADO MESSOUH immediately if there are indications that his access has been misused.
d. Each customer is fundamentally liable for all activities carried out using his/her access and indemnifies the provider against any claims for damages from third parties, unless the customer is not responsible for the misuse.
5. Product Information
a. KADO MESSOUH strives to provide accurate and up-to-date information about the products available on the Platform, including descriptions, images, pricing, and availability. However, we do not warrant that the product descriptions or other content on the Platform are accurate, complete, reliable, current, or error-free.
b. The Company reserves the right to modify or discount any product or service offered on the Platform without prior notice.
6. Ordering and Payment
a. By placing an order through the Platform, you agree to pay the specified price for the products, including any applicable taxes and shipping fees.
b. For orders from customers outside the EU, the customer must pay any fees (customs) that may be incurred.
c. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately. All payments are processed securely, and KADO MESSOUH does not store or have access to your payment information.
d. Payment for orders must be made using one of the payment methods accepted by KADO MESSOUH, i.e. PayPal and credit cards (Master Card and Visa Card):
- PayPal: In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
- Credit cards (Master Card and Visa Card): With the submission of the order, you provide your credit card information. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
FINAL DRAFT – 08.04.2024
GUIMAT CONSULTING
e. The products shall remain the property of KADO MESSOUH until payment has been made in full.
7. Shipping and Delivery
a. The Company will make reasonable efforts to ship orders promptly and to deliver them within the estimated delivery times provided. However, we do not guarantee specific delivery dates or times.
b. Risk of loss and title for products purchased from KADO MESSOUH pass to the customer upon delivery of the products to the carrier.
c. In the event of revocation, the customer shall bear the direct costs for the return of the goods. d. If the order is sent as parcel post, the customer can receive a tracking number with which he can track the shipment, if he chooses the tracking option. e. Shipping costs will be added to the indicated product prices. From an order value of over 50 Euros, we offer free delivery within Germany, and 80 Euros for other EU-countries. For the other countries, please contact us. You can find out more about the shipping costs in the offers. f. We deliver only by mail order. A self-collection of the products is unfortunately not possible.
8. Returns and Refunds
a. If you are not satisfied with your purchase, you may return it in accordance with the statutory 14-days right of withdrawal for distance selling transactions. The customer can return the products received from KADO MESSOUH with due reasons within 14 days if he or she revokes the contract within this period. The period begins after issuing the receipt for the products. KADO MESSOUH should accept and confirm the reason before the customer can return the product.
b. Refunds for returned products will be issued in the original form of payment, minus any shipping charges, restocking fees, or other applicable fees.
9. Transportation damage
If our products are delivered with an obvious transport damage, please issue a complaint about such faults to the delivery agent or the carrier as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
10. Warranty for defects and liability
a. The statutory warranty for defects shall apply. Assumption of liability or the statutory warranty for defects is excluded for cases of incorrect or improper use by the customer.
FINAL DRAFT – 08.04.2024
GUIMAT CONSULTING
b. For claims based on damage caused by us, we shall always be liable without limitation in the event of injury to life, body and health; in the event of intentional or grossly negligent breach of duty; in the event of guarantee promises, insofar as agreed, or insofar as provided by the law. c. In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and compliance with which the contractual partner may regularly rely on, due to slight negligence by us, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. d. Otherwise, claims for damages are excluded.
11. Limitation of Liability
To the fullest extent permitted by law, KADO MESSOUH shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Platform or any products purchased from the Platform.
12. Intellectual Property
a. All content on the Platform, including text, graphics, logos, images, and software, is the property of KADO MESSOUH or its licensors and is protected by intellectual property laws.
b. You may not use, reproduce, modify, distribute, or transmit any content from the Platform without the prior written consent of KADO MESSOUH.
13. Data protection
Data processing (collection, processing and storage of personal data) is carried out exclusively in accordance with the relevant data protection regulations (i.e. GDPR and the Federal Privacy Law in Germany). Detailed information on the collection, processing and use of personal data of the customer in connection with the registration and use of the services can be found in our Privacy Policy.
14. Final provisions
a. Should any provision of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. b. These GTC are subject to German law. c. Disputes arising from these GTC shall be governed by German law. The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC is Düsseldorf.
FINAL DRAFT – 08.04.2024
GUIMAT CONSULTING
15. Alternative dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. KADO MESSOUH is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
16. Changes to Terms
KADO MESSOUH reserves the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Platform. Your continued use of the Platform after any such changes constitutes your acceptance of the revised Terms.
17. Contact Us
If you have any questions related to your purchase, please contact us here: kadomessouh@gmx.de.
For any other information or concern about these Terms or the Platform kadomessouh.com, please contact us here:
KADO MESSOUH
Dany Laure Kana Zangue
Pfeifferstraße 10, 45309 Essen
45143 Essen (Germany)