Terms & Conditions & Cancellation

1 Scope 

(1) These General Terms and Conditions (‘GTC’) apply to all orders placed with https://klekks.com/, operated by Strong & Kind GmbH, Torstr. 105-107, 10119 Berlin (the ‘Provider’ or ‘we’).

(2) In addition to these GTC, our privacy policy, which you can find at https://klekks.com/pages/datenschutz, applies to the collection and use of personal data.

(3) Insofar as the terms consumer and entrepreneur are used in these GTC, consumers are natural persons who conclude a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. Entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, are acting in the exercise of their commercial or independent professional activity.

2 Order process and conclusion of the contract

(1) The product presentations in our online shop do not constitute a binding offer to conclude a contract. Rather, they are intended to provide you with information about the products before submitting a purchase offer to us.

(2) You can select products from our range and collect them in a so-called shopping cart using the ‘Add to cart’ button without obligation. You can view your shopping cart at any time by clicking on the ‘Shopping cart’ button and, if necessary, remove products from the shopping basket by clicking on the ‘Remove’ button or correct their number by clicking on ‘+’ or ‘-’. If you want to buy the products in the shopping cart, click the ‘Checkout’ button in the shopping basket or ‘Pay with PayPal’ on the product page. Then you will be asked to enter your details. 

(3) By clicking on the ‘Pay now’ button in our online shop, you are making a binding offer to conclude a purchase contract for the goods in your shopping basket.

(4) When the contract with us is concluded depends on the payment method you have chosen:

(5) Pay later with Klarna

We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.

(6) Credit card

When you place your order, you also send us your credit card details. After you have been legitimised as the legal cardholder, we will ask your credit card company to initiate the payment transaction and thereby accept your offer.

(7) PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

(8) ShopPay

During the ordering process, you will be redirected to the website of the online provider ShopPay. There you can enter your payment details and confirm the payment instruction to ShopPay. After placing the order in the shop, we will ask ShopPay to initiate the payment transaction and thereby accept your offer.

(9) GooglePay

During the ordering process, you will be redirected to the website of the online provider Google. There you can enter your payment details and confirm the payment instruction to Google. After placing the order in the shop, we will ask Google to initiate the payment transaction and thereby accept your offer.

(10) We do not store the full text of the contract. Before submitting the order via our online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

3 Prices, shipping costs

Unless otherwise stated, the prices quoted include VAT and do not include shipping costs. Delivery within Germany is free of charge. The costs for delivery to other EU countries, Switzerland and the United Kingdom can be found on the website https://klekks.com/pages/main-faqs. The corresponding shipping costs are stated in the order form and are to be borne by you unless you exercise your right of cancellation. 

4 Terms of payment and retention of title

(1) For payment, you can only use the payment methods specified on the shop pages. We offer the following payment methods: Credit card, Paypal, Klarna pay later, ShopPay, GooglePay. However, we reserve the right not to offer certain payment methods for each order and to refer to other payment methods. 

(2) Credit card

When you place your order, you also provide us with your credit card details. Once you have been legitimised as the legitimate cardholder, we will ask your credit card company to initiate the payment transaction immediately after you place the order. The payment transaction will be carried out automatically by the credit card company and your card will be debited.

(3) PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we will ask PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.

(4) Klarna pay later

To pay the invoice amount via the online provider Klarna, you do not need to be registered there. After a successful address and credit check as part of the ordering process and submission of the order, we assign our claim to Klarna. In this case, you can only make payment to Klarna with debt-discharging effect. In addition to our GTC, Klarna's GTC and privacy policy apply to payment processing via Klarna. You can find further information and Klarna's full terms and conditions here: https://www.klarna.de/de/agb.

(5) ShopPay

During the ordering process, you will be redirected to the website of the online provider ShopPay. In order to be able to pay the invoice amount via ShopPay, you must be registered there or register, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we will ask ShopPay to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by ShopPay immediately afterwards.

(6) GooglePay

During the ordering process you will be redirected to the website of the online provider Google. In order to be able to pay the invoice amount via GooglePay, you must be registered there or register, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we will ask Google to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by Google immediately afterwards.

(7) The goods remain our property until full payment has been made. Prior to the transfer of ownership, pledging, transfer by way of security, processing or remodelling is not permitted without our consent. 

5 Delivery and dispatch conditions, transfer of risk

(1) Delivery shall be made by delivery service to the delivery address specified by you. We bear the shipping risk if you are a consumer. If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to you as soon as the goods have been handed over to the person carrying out the transport. The delivery time of the goods can be found on the product detail pages or, at the latest, in the order confirmation.

(2) We only deliver to delivery addresses in EU countries, United Kingdom and Switzerland.

(3) We reserve the right to make partial deliveries if this is advantageous for fast processing and is reasonable for you. If partial deliveries are made, you will not incur any additional shipping costs.

(4) You warrant that you have provided the correct and complete delivery address with your order. If additional shipping costs are incurred due to incorrect address data, you shall bear or reimburse these costs.

6 Right of cancellation for consumers

(1) Consumers, but not entrepreneurs, have a statutory fourteen-day right of cancellation. The following cancellation policy only applies to consumers. The right of cancellation (also for consumers) does not apply to distance contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Furthermore, it does not apply to goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

(2) We ask you to use our returns portal at https://klekks.returnsportal.online/ to return the goods. You will then receive further instructions. We ask you to return the goods in their original packaging. Neither the use of our returns portal nor the return of the goods in their original packaging are mandatory requirements for the effective exercise of your right of cancellation.

Cancellation policy

Right of cancellation

You have the legal right to cancel this contract within fourteen days without giving any reason.

The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise your right of cancellation, you must inform us Strong & Kind GmbH, Torstr. 105-107, 10119 Berlin, e-mail hello@klekks.com, telephone +49 152 59668555 , by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to cancel this contract. You can use the sample cancellation form shown at the bottom of the page as a template, but this is not mandatory. Returns can only be sent to the following address:

Relay Fulfillment UG

Attn: Klekks

Klosterstr. 145

72793 Pfullingen

However, you can cancel your order more conveniently via our returns portal at https://klekks.returnsportal.online/ To do this, select an order and use the ‘Refund item’ function. If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail).

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of cancellation:

If you cancel this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the 14-day period has expired. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

End of the cancellation policy

7 Warranty

(1) In the event of defects in the delivered goods, the customer shall initially only be entitled to subsequent fulfilment. Consumers have the choice of whether subsequent fulfilment is to take the form of rectification or replacement delivery. However, we are entitled to refuse the chosen type of subsequent fulfilment if it is only possible at disproportionate cost and the other type of subsequent fulfilment is without significant disadvantages for the consumer. In the case of entrepreneurs, we provide warranty for defects in the goods at our own discretion by repair or replacement.

(2) We shall be liable for material defects in accordance with the applicable statutory provisions, in particular § 434 et seq. BGB. The warranty period for entrepreneurs is 12 months. These periods of limitation shall not apply if we are liable on other legal grounds or if it concerns the right in rem of a third party, on the basis of which the surrender of the delivery item can be demanded.

8 Liability

(1) Claims for damages by the customer over and above the warranty rights are generally excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.

(3) The limitations of paragraphs 1 and 2 shall also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.

(4) As a result of factors that cannot or cannot sufficiently be influenced by us or by the supplier (so-called force majeure, e.g. weather-related influences), longer delivery periods may occur in individual cases. As soon as we learn that delivery is likely to be delayed in such a case, the customer will be informed accordingly. Liability for loss of profit, unforeseeable damages or consequential damages is excluded.

(5) The provisions of the Product Liability Act remain unaffected.

(6) The liability regulations in the above paragraphs also apply to the personal liability of our organs, employees and vicarious agents.

9 Miscellaneous

(1) The law of the Federal Republic of Germany shall apply to contracts between us and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The contract may be concluded in German and English.

(3) 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 us is the registered office of Strong & Kind GmbH.

(4) Information on online dispute resolution: The European Commission provides a platform for online dispute resolution (OS), which can be accessed at https://ec.europa.eu/consumers/odr/  We are not obliged to participate in a dispute resolution procedure before this arbitration board or before another consumer arbitration board and are not prepared to do so.

SAMPLE CANCELLATION FORM

If you wish to cancel the contract, please fill in this form and send it back to us.

To

Strong & Kind GmbH

Torstr. 105-107

10119 Berlin

E-mail hello@klekks.com 

Telephone +49 152 59668555 

I/we* hereby cancel the contract concluded by me/us* for the purchase of the following product(s):

_____________________________________________

_____________________________________________

_____________________________________________

Ordered on*: ___________________

Received on*: ___________________

Customer number: ___________________

Order number: ___________________

Name of the consumer: __________________________

Address of the consumer: _______________________

_____________________________________________

Signature of the consumer:

_____________________________________________

(only for notification on paper)

Date: ___________________

* Delete as appropriate