is used by Kuarahu e.K. , Lindau (Lake Constance). When you place an order through this website, the confirmation of the acceptance of your order is a purchase agreement between you and Kuarahu e.K. to which these terms and conditions apply.
Section 1 General
Our General Terms and Conditions is valid at the time of ordering and it will always apply up to this date. Conflicting regulations of our customers are hereby contradicted; other terms and conditions will not become the content of the contract, even if they have not been expressly contradicted, unless we have expressly agreed to their validity in writing.
Section 2 Conclusion of the contract
With your order, you are making a binding confirmation to conclude a purchase contract for the ordered goods(s). You will then immediately receive an order receipt confirmation by e-mail, along with revocation instructions and a model withdrawal form. This does not yet constitute acceptance of your confirmation.
Only with the express acceptance of your order by us the contract will be concluded. Acceptance or rejection of your confirmation will be effected by sending a declaration of acceptance or a rejection declaration by e-mail to the e-mail address you have provided.
The contract will be provided by
Kuarahu e.K. (AG Kempten, HRA 10817),
represented by the managing director Zaira Michaelsen,
unless expressly stated otherwise.
Section 3 Payment and Delay
You will receive the delivery of goods against payment of the purchase order and stipulated price.
We will issue an invoice, which will be sent to you with delivery of the goods or by e-mail. In the event of late payment, interest on arrears of 5 percentage points above the base interest rate of the Deutsche Bundesbank shall be charged. We are entitled to demand a higher damage to delay against proof.
Section 4 Delivery
Unless otherwise agreed, the ordered goods will be delivered to the delivery address you have specified.
If we are not able to deliver the ordered goods through no fault of our own, because a cover transaction has been concluded with a supplier for your delivery and our supplier then fails to fulfil its contractual obligations towards us, we shall be entitled to withdraw from your contract. In this case, you will be informed immediately that the ordered goods are not available. If payment of the purchase price has already been made, it will be refunded immediately. Your statutory claims remain unaffected.
Section 5 Right of Withdrawal for Consumers
Further information on our right of withdrawal can be found here: Our right of withdrawal
Consumers have a right of withdrawal. A consumer in this sense is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity.
The details can be found in the revocation policy provided separately by us. The cancellation policy can be found (as well as the model withdrawal form, which you can, but do not have to use to declare the revocation) for example after these GTC, within our website at www. kuarahu.com or in the order confirmation e-mail you will receive from us after your order.
Section 6 Retention of title
The delivered goods remain our property until all your payment obligations have been fulfilled completely.
Section 7 Set-off and right of retention
You are only entitled to set-off if your counterclaims are undisputed or legally established by us.
You are only entitled to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
Section 8 Liability for Defects and Warranty
Insofar as there are defects in the goods, for Example, production errors or damage, you are entitled to the statutory warranty rights.
You are excluded from the assignment of these rights to third parties.
In order to ensure the quality of our service, we ask for organizational reasons to contact us immediately about transport damage.
Section 9 Liability
In cases of slight negligence, we shall only be liable to us, our officers or our vicarious agent up to the amount of foreseeable, contractual damage at the time of commencement of the contract.
The limitation of liability in paragraph 1 does not apply if a cardinal obligation has been violated or in the case of injury to life, body and health. Cardinal obligations are obligations the fulfilment of which enables the proper execution of the contract in the first place and on which you can regularly rely.
Section 10 Dispute Resolution
The Seller will not participate in a dispute resolution procedure before a consumer arbitration office in the PREVIOUS VSBG and is not obliged to do so.
Section 11 Final Considerations
The language of the contract and the language for declarations in the context of the implementation of this contract is German. Translations of this contract do not have a legally binding effect. The German version of these General Terms and Conditions is always decisive.
The contract is exclusively subject to the law of the Federal Republic of Germany, unless you are a consumer and can rely on the mandatory consumer protection regulations of your country of residence.
The Convention on the International Sale of Goods ("CISG" or "UN Sales Law") is excluded within the scope of this Contract.