Warunki świadczenia usług

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Fundamental Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (O´Kek GmbH) via the website www.kekoo.de. Unless otherwise agreed, the inclusion of any terms you may use is hereby objected to.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods .

(2) By listing the respective product on our website, we present you with a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering personal data as well as payment and shipping conditions, the order data will be displayed to you as an order overview.

If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as the payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If a redirection to the respective instant payment system occurs, you make the appropriate selection or input of your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order in the order overview.
By submitting the order via the corresponding button ("buy" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries for the creation of an offer are non-binding for you. We will present you with a binding offer in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partially automated. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and in particular, not prevented by SPAM filters.

§ 3 Special Agreements on Offered Payment Methods

(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:

• Invoice: The payment term is 14 days from the dispatch of the goods/ticket or, in the case of other services, the provision of the service. The complete invoice terms for the countries where this payment method is available can be found here: Germany, Austria.

• Installment Purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified at checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice. Further information on installment purchase, including the general terms and conditions and the European standard information for consumer credits for the countries where this payment method is available, can be found here (only available in the specified countries): Germany, Austria.

• Immediate Transfer: Available in Germany and Austria. Your account will be debited immediately after placing the order.

The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit check within the framework of initiating and processing the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be handled by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's Privacy Policy.

Further information about Klarna can be found here. The Klarna App can be found here.

§ 4 Right of Retention, Retention of Title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2)  The goods remain our property until full payment of the purchase price.

§ 5 Warranty

(1) The statutory defect liability rights exist.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects, and transport damage, and to inform us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.

§ 6 Choice of Law, Place of Performance, Place of Jurisdiction

(1)  German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

(2)  Place of performance for all services from the business relationships existing with us and place of jurisdiction is our registered office, provided you are not a consumer, but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if the place of residence or habitual residence is not known at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected.

(3)  The provisions of the UN Sales Law are expressly not applicable.

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II. Customer Information

1. Identity of the Seller

O´Kek GmbH
Breslauer Str. 8
41460 Neuss
Germany
Phone: 021315989988
E-Mail: office@kekoo.de


Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. Contract Language, Contract Text Storage

3.1. The contract language is German .

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For inquiries outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g., by email, which you can print or save electronically.

4. Codes of Conduct

4.1. We have subjected ourselves to the buyer's seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and Payment Modalities

6.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes.

6.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are separately indicated during the ordering process, and are to be borne by you additionally, unless free shipping is promised.

6.3. If delivery is made to countries outside the European Union, additional costs may arise that we are not responsible for, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. 

6.4. Incurred costs of money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.

6.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.

6.6. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due immediately.

7. Delivery Conditions

7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2. As far as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

8. Statutory Liability for Defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the lawyers of the Händlerbund specialized in IT law and are continuously checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 27.10.2020