GENERAL TERMS AND CONDITIONS OF BUSINESS

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of K-BRIGHT eK (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") has with the seller with regard to the seller goods presented on the internet trading platform Amazon.de (hereinafter “Amazon”). The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The seller's product descriptions presented on Amazon do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the shopping cart system integrated in Amazon or - if available in the respective product description - via the 1-Click® buy function.

2.2.1 When ordering via the shopping cart system, the customer, after going through the technical steps specified by Amazon, makes a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the "Buy now" button in the final step of the ordering process away.

2.2.2 When placing an order using the 1-Click®-buy function, the customer, after activating this function in his Amazon user account and going through the further technical steps specified by Amazon, by clicking the button "Now with 1 -Click® buy" a legally binding contract offer in relation to the selected quantity of goods on the respective item detail page.

2.3 Immediately after sending his order, the customer receives a confirmation e-mail from Amazon stating that the seller has received the offer. The seller can accept the customer's offer within five days,

- by sending the customer a written order confirmation or an order confirmation in text form (fax or email) or having it sent by Amazon, whereby the receipt of the order confirmation by the customer is decisive in this respect, or

- by delivering the ordered goods to the customer or having them delivered by Amazon, whereby receipt of the goods by the customer is decisive, or

- by asking the customer to pay after placing his order or having Amazon ask him to pay, or

- if payment by direct debit is offered and the customer opts for this payment method by collecting the total price from the customer's bank account or having it collected by Amazon, whereby the point in time at which the customer's account is debited is decisive in this respect.

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 The contract text is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after his order. The seller does not make the contract text accessible beyond this. In addition, the order data is archived at Amazon and can be accessed by the customer free of charge via their password-protected Amazon user account.

2.5 When ordering via the Amazon shopping cart system, the customer can identify possible input errors before submitting the binding order by carefully reading the information displayed on the screen and continuously correct them as part of the electronic ordering process using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions. When ordering via the 1-Click®-buy function, the ordering process is completed after pressing the "Buy now with 1-Click®" button. It is no longer possible to correct input errors after the "Buy now with 1-Click®" button is clicked.

2.6 Only the German language is available for the conclusion of the contract.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of cancellation can be found in the cancellation policy.

4) Prices and terms of payment

4.1 The prices given by the seller are total prices and include the statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 Payment is processed by the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg, which the seller has commissioned to process the payment.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address stored by the customer at Amazon is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

6) Retention of title

If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the statutory liability for defects applies.

7.2 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

8) Governing Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

9) Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.

10) Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution under the following link: 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 in which a consumer is involved.

10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

11) Code of Conduct

The seller has submitted to the conditions of participation for the e-commerce initiative "fairness in retail". You can find more information in the imprint of the seller.