Terms & conditions

1. Scope

The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly consented to this.

2. Contractual partner, conclusion of contract

The purchase contract is concluded with kullaloo UK Limited. By placing our products into the online shop, we are making a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you click the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.

3. Contract language, contract text storage

The language available for the conclusion of the contract is English. We save the contract text and send you the order data and our terms and conditions by email. You can also view and download the terms and conditions here on this page at any time. You can view your past orders in our customer login.

4. Delivery

4.1. Terms of delivery

In addition to the stated product prices, shipping costs are added in case you order non-digital products. You can find out more about the amount of shipping costs in the offers. We only deliver by using a shipping service provider. A self collection of the product is not possible.

4.2. Digital content

(1) A product that is offered as digital content will not be sent by a shipping service provider. Instead, the customer receives – within three working days of payment – a link to our website by email from which he can download the product (download link). The delivery time is extended by one week for individually produced files. (2) The receipt of digital content requires that the customer has an email address and an internet connection. We would like to point out that the email and / or network operator of the customer may charge fees for receiving data over which we have no influence. (3) Paragraphs 1-2 do not apply if it concerns data that is delivered on a physical data carrier (e.g. CD or DVD) in accordance with the product description. In this case the customer receives the goods according to 4.1.

5. Payment

The following payment methods are generally available in our shop:

PayPal

As part of the PayPal payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment to PayPal.

If you have chosen the credit card payment method, you do not have to be registered with PayPal to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal and your card will be charged immediately after confirmation of the payment order and after your legitimation as the legitimate cardholder. You will receive further information during the ordering process.

Credit Card

When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irland (hereinafter referred to as “Stripe”). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative. Credit card payments on www.kullaloo.co.uk are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the ‘Stripe Services Agreement’). By using the credit card payment you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.

6. Retention of title

The goods remain our property until full payment. For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale – regardless of a combination or mixing of the reserved goods with a new item – in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

7. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless it is a matter of a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.

8. Cancellation and return policy

8.1. Cancellation policy for contracts with consumers for the delivery of goods

Consumers whose contractual declaration is based on a contract for the delivery of goods are entitled to a right of withdrawal in accordance with the following provisions.

8.1.1 Right of withdrawal

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

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.

To exercise your right of withdrawal, you must inform us,

kullaloo UK Limited
No 1 Royal Exchange
London
EC3V 3DG
United Kingdom

E-Mail: mail(at)kullaloo.co.uk

with a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form (see below) for this, but this is not mandatory. 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.

8.1.2. Consequences of withdrawal

If you withdraw from this contract, we will have to repay you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same payment method that you used for the original transaction, unless something else was expressly agreed with you. Under no circumstances will you be charged any fees for this repayment.

We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You pay 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 to check the nature, properties and functionality of the goods.

8.1.3. Exceptions to the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated, but for which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer’s personal needs.

In the case of contracts for the delivery of audio or video recordings or computer software in a sealed package, the right of withdrawal expires if the seal is removed after delivery.

8.2. Cancellation policy for contracts with consumers for the delivery of digital data

Consumers whose contractual declaration is directed towards a contract for the delivery of data that is not on a physical data carrier and that is produced and made available in digital form is entitled to a right of withdrawal in accordance with the following provisions:

8.2.1. Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us,

kullaloo UK Limited
No 1 Royal Exchange
London
EC3V 3DG
United Kingdom

E-Mail: mail(at)kullaloo.co.uk

with a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached withdrawal form (see below) for this purpose, but this is not mandatory. 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.

8.2.2. Consequences of withdrawal

If you withdraw from this contract, we will repay you all the payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery we offer have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same payment method that you used for the original transaction, unless something else was agreed with you. In no case will you be charged any fees for this repayment.

8.2.3. Expiry of the right of withdrawal

Your right of withdrawal expires as soon as we have started to execute the contract, provided that you have expressly agreed that we will start executing the contract before the withdrawal period has expired and that you have confirmed that you are aware that you have given your consent to the beginning the execution of the contract which result in losing your right of withdrawal.

8.3. Sample withdrawal form

If you want to cancel your contract, please fill out this form and send it back to us.

kullaloo UK Limited
No 1 Royal Exchange
London
EC3V 3DG
United Kingdom

E-Mail: mail(at)kullaloo.co.uk

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*):
________________________

Order number:
________________________

Order date (*) / received date (*):
________________________

Name of the consumer:
________________________

Address of the consumer:
________________________

Signature of the consumer (only when notified on paper)

Date________________________

(*) Delete inapplicable.

8.4. Return policy for contracts with retailers for the delivery of goods

The return policy for retailers or designer who have bought goods via our retail shop are included in the terms and conditions.

9. Warranties and Guarantees

Unless otherwise expressly agreed below, the statutory right to liability for defects applies. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods. For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.

If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our option, by removing the defect (repair) or by delivering a defect-free item (replacement delivery).

The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, body or health
  • in the event of willful or grossly negligent breach of duty as well as malice
  • in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the contractual partner may regularly rely (cardinal obligations)
  • as part of a guarantee promise, if agreed
  • as far as the scope of the product liability law is opened.

Information on any additional guarantees that may apply and their exact conditions can be found next to the product and on special information pages in the online shop. Customer service: You can reach our customer service for questions, complaints and complaints Mo-Fr from 9:00 a.m. to 5:00 p.m.

10. Liability

We are always fully liable for claims due to damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, body or health,
  • in the event of willful or grossly negligent breach of duty,
  • in the case of guarantee promises, if agreed, or
  • as far as the scope of the product liability law is opened.

In the event of a breach of essential contractual obligations – the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the contractual partner may regularly rely (cardinal obligations) – due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded damage limited, the occurrence of which can typically be expected. Otherwise claims for damages are excluded.

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution, which you can find here: http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

12. Final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN sales law. If you are a merchant within the meaning of the Commercial Code, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.