Terms & Conditions
General Terms and Conditions for Business Customers
Scope of application, definitions of terms
These General Terms and Conditions of Business (T&Cs) form the contractual basis between the operator of the website www.khmissadesign.com (hereinafter referred to as “website”) and individuals (hereinafter referred to as “you”). Subject of the website is the sale of home accessories and furniture.
The respective applicable version of the T&Cs as at the date of concluding the agreement shall be pertinent.
Operator of the website and your contractual partner is Khmissa Morocco Design, Said Lamghari el Kossori, Schwanthalerstr. 127, 80339 Munich, Germany (hereinafter referred to as “we” or “us”).
General Terms and Conditions of Business or any other provisions of yours shall not apply if they differ from or are in conflict with these terms and conditions, unless the vendor explicitly consents to their applicability in writing (by e-mail, fax or letter).
The offer is principally aimed at business customers. Thus, only entrepreneurs are targeted as customers by the offer. Entrepreneurs within the meaning of these T&Cs shall thus mean natural or legal persons or business partnerships vested with legal capacity with whom business relations are entered into and who act in exercise of their commercial or freelance professional activity when concluding a legal transaction. You may accordingly only be an entrepreneur within the meaning of Sec. 14 German Civil Code (BGB).
FORMATION OF CONTRACT
The offers on the website are not binding.
After placing an order on the website by selecting the items you want to purchase, confirming this and providing and confirming your payment details, you will receive an email from us acknowledging that we have received your order. This does not mean your order has been accepted. Your order constitutes an offer to us to buy one or several items.
The contract between you and us will only be concluded when we send you the shipping confirmation via email. The contract will only relate to those items whose dispatch we have confirmed in the shipping confirmation.
Price, Payments, Shipping
All prices are in Euro and are subject to change.
Prices of items include neither German Value-Added Tax (VAT) nor shipping cost; both will be added to your bill.
Payments have to be made by prepayment via bank transfer. In case bank transfer fee occurs at your purchase, you are liable for the relevant bank fees.
The products will be at your risk from the time of delivery.
In regard to any liability on the part of us to pay compensation for damage, notwithstanding any other statutory prerequisites for asserting claims the following exclusions of liability and restrictions shall apply.
We shall have unlimited liability in so far as the cause of the damage is based on intent or gross negligence.
We shall, moreover, be liable for slightly negligent infringement of cardinal obligations, the infringement of which jeopardises achieving the contractual purpose, or for the infringement of obligations, the fulfilment of which enables the agreement to be duly implemented in the first place, and adherence to which you may generally rely on. In such a case, we shall, however, only be liable for the foreseeable, contractually typical damage. We shall, on the other hand, not be liable for slightly negligent infringement of obligations other than those specified in the above sentences.
The above limitations of liability shall not apply to injury to life, the body or the health, a defect occurring or established after providing a warranty in regard to the quality of the product or fraudulently concealed defects. Any liability under the Product Liability Act shall not be affected thereby.
In so far as our liability is excluded or limited, the latter shall also apply to the personal liability on the part of its employees, representatives and vicarious agents.
Reservation of title
All goods remain our property until paid for in full.
We process your personal data for a particular purpose, and in accordance with the statutory regulations. The personal data provided for the purpose of using the platform (such as your name, e-mail address, postal address and payment details) is used by us to fulfil and execute the agreement. Such data is treated confidentially, and not passed on to third parties who are not involved in the order, delivery or payment processes.
You are entitled to receive information about the personal data stored about you by us, free of charge, upon request. In addition, you will be entitled to have incorrect data corrected, or have your personal data blocked or deleted, unless any statutory obligation to save it is in conflict with the latter.
Off-setting and Right to Reclamation
You can only off-set those claims that are legally established or are undisputed by us.
A right to reclamation can only be exercised by you if his counterclaim arises from the same contractual relationship.
Oral Agreements, Written Form,
Oral agreements shall not be concluded.
Additions and amendments to this contract are required to be in writing to be legally binding. This shall also apply to a waiver of this clause on the requirement of the written form.
Place of Performance, Legal Venue, Applicable Law, Contract Language
Legal venue and place of performance is Munich.
This contract is subject to the law of the German Federal Republic under the exclusion of international private law and the UN-CISG.
Contract language is German.