The following General Terms and Conditions (GTC) apply to all offers of the Colours of a Kind GmbH (hereinafter: we), c/o Design Offices, Luise-Ullrich-Strasse 14, 80636 Munich, in our online shop under www.coloursofakind.de. For the contractual relationship between us and you, the present terms and conditions apply exclusively. Other terms and conditions of you are expressly contradicted.
2. Ordering Process and Conclusion of Contract
The offers within our online shop are addressed exclusively at consumers in the sense of § 13 of the German Federal Civil Code (BGB).
The representations of our products in the online shop are not a binding offer by us, but a non-binding invitation to submit an offer by you.
By clicking the button "pay now" you are submitting a binding offer to us. For this purpose, you will see a confirmation window with the details of your order before completing the order process. You can check your entries again on this page and correct them if necessary. After submitting the offer, you will receive an automated confirmation email with the details of your order (order confirmation). The order confirmation does not yet constitute a contract. The contract is only concluded when we accept your offer. The acceptance takes place by a separate email (order confirmation). We have the possibility to accept or reject your offer within two working days.
Notwithstanding the above regulation, the contract is concluded in advance in the following cases:
When paying by credit card, the contract is concluded at the time of the credit card charge.
When paying by PayPal, the contract is concluded at the time of confirmation of the payment order to PayPal.
When paying by prepayment, the contract is concluded at the time we request you to pay with reference to our bank details. The same applies to payment via SEPA transfer.
4. Storage of the Contract Text
The contract text is stored by us and can be requested at any time. In addition, the order data and the terms and conditions will be sent as part of the order confirmation to the email address you provided. If you have created a customer account, you can review the details of your order there again at any time.
Delivery or shipping takes place exclusively in household quantities to consumers with delivery address in the countries offered in the online store.
The delivery takes place to the delivery address indicated by you.
Please note: If you pay by prepayment or SEPA bank transfer, the delivery time is calculated from the receipt of money on our account.
6. Self Supply Reservation
Should an ordered product not be available because we are not supplied by our supplier without our fault despite the supplier’s contractual obligation, we are entitled to withdraw from the contract. In this case, we will inform you immediately that the ordered goods are no longer available and any payments already made will be reimbursed immediately.
7. Prices and Shipping Costs
The prices quoted in the online shop are gross prices including VAT.
The amount of the shipping costs depends on the shipping method of your choice. The respective shipping costs can be viewed here
For payment you can use the payment methods indicated in the online shop.
In the case of defects, the statutory warranty rights apply.
10. Retention of Title
The goods remain our property until full payment.
11. Limitation or Exclusion of Liability
We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent violation of obligations, the fulfilment of which is essential for the proper performance of the contract, the violation of which endangers the achievement of the purpose of the contract and the compliance with which the customer regularly relies on. In the latter case, however, we shall only be liable for the foreseeable contract-typical damage. We shall not be liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
The abovementioned exclusions of liability do not apply in the event of injury to life, limb or health. The liability according to the product liability law remains unaffected.
The abovementioned exclusions of liability also apply in favor of our legal representatives as well as our vicarious agents, insofar as you assert claims against them.
12. Alternative Dispute Resolution Pursuant to Art. 14 para. 1 EU-ODR Regulation and § 36 German Federal Consumer Dispute Settlement Act (VSBG)
The European Commission provides an online dispute resolution (OS) platform, which you can access at http://ec.europa.eu/consumers/odr. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board. We do not participate in a dispute resolution procedure.
13. Contract Language
The contract language is English.
14. Applicable Law and Jurisdiction
The law of the Federal Republic of Germany shall apply, with the exclusion of United Nations Convention on Contracts for the International Sale of Goods, unless compelling consumer protection laws of the member state in which you have your domicile are in conflict. If you are a merchant, a legal entity under public law or a special fund under public law, Munich (Germany) is the place of jurisdiction.
15. Final Provisions
Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. For entrepreneurs within the meaning of § 14 BGB (German Civil Code), the following applies: In the event that a provision is invalid, the parties undertake to replace it with a new provision that comes closest to the invalid provision in terms of both legal and economic sense and purpose.
as of: 1 July 2019