Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

  1. The following terms and conditions apply to contracts that you conclude with us as the provider (Castedello & Frick GbR.) via the website https://kiteworksde.com/. Unless otherwise agreed, the inclusion of your own terms and conditions is rejected.

  2. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are not attributable 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 course of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of Contract

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

  2. By listing a product on our website, we make a binding offer to conclude a contract under the conditions stated in the product description via the online shopping cart system.

  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 and modify the shopping cart at any time using the appropriate button in the navigation bar.

    • By clicking on the “checkout” or “proceed to order” button (or similar), entering your personal data and payment/shipping preferences, a final order summary is shown.

    • If using an instant payment service (e.g., PayPal, Amazon Pay, Sofort, giropay), you will be redirected to their website or returned to our site for confirmation.

    • You have the opportunity to check or change the data before submitting the order.

    • By submitting the order via the appropriate button (e.g., “order with obligation to pay,” “buy now,” etc.), you legally accept the offer, and the contract is concluded.

  4. Requests for a quote are non-binding. We will send you a binding offer in text form (e.g., by email), which you can accept within 5 days.

  5. The processing of the order and the transmission of all necessary information will be done via email, some of which is automated. Please ensure your email address is correct and that receipt of emails is not blocked by spam filters.

§ 3 Custom Products

  1. You must provide all necessary content (e.g., files, text) for the customization of the product via our online system or by email immediately after contract conclusion. File format requirements must be followed.

  2. You agree not to submit content that infringes third-party rights (e.g., copyrights, trademarks) or violates laws. You will fully indemnify us from any third-party claims, including legal costs.

  3. We do not check the content for accuracy and assume no liability for errors in the data provided.

§ 4 Payment Methods

(1) Payment via PayPal / PayPal Checkout
Processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). See https://www.paypal.com/de/webapps/mpp/ua/legalhub-full for full terms.

(2) Payment via Mollie
Handled by Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands). Details at https://www.mollie.com/de.

(3) Payment via Stripe
Handled by Stripe Payments Europe Ltd. (1 Grand Canal Street Lower, Dublin, D02 H210, Ireland). Details at https://stripe.com/de.

§ 5 Right of Retention, Reservation of Title

  1. You may only exercise a right of retention if it concerns claims from the same contract.

  2. Goods remain our property until full payment is received.

  3. If you are a business:

    • Ownership remains with us until all claims from the business relationship are settled.

    • Resale is allowed; claims arising from it are assigned to us.

    • If processed with other goods, we obtain co-ownership.

    • We release securities if their value exceeds the secured claim by more than 10%.

§ 6 Warranty

  1. The statutory warranty rights apply.

  2. Consumers should check goods for completeness and damage upon delivery and notify us promptly. This does not affect warranty rights.

  3. If product attributes deviate from objective requirements, this deviation is only valid if agreed upon explicitly and separately.

  4. For entrepreneurs:

    • Only our statements and the manufacturer's description are valid.

    • Warranty is provided by repair or replacement. After two failed attempts, you may demand a reduction or withdraw.

    • Warranty does not cover relocation costs unless typical for the product.

    • Warranty period: one year from delivery (exceptions: injury, intent/gross negligence, fraudulent concealment, construction materials, recourse claims).

§ 7 Choice of Law

  1. German law applies. For consumers, this only applies if the granted protection is not withdrawn by mandatory consumer protection regulations of the country of residence.

  2. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

II. Customer Information

1. Seller Identity
Castedello & Frick GbR
Geestweg 14
27476 Cuxhaven, Germany
Phone: +4915123381827
Email: kiteworksde@gmail.com

Alternative Dispute Resolution:
The EU Commission provides an online platform: https://ec.europa.eu/odr
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. Contract Formation
See §2 above.

3. Contract Language and Storage
3.1. Contract language: German
3.2. Full contract text is not stored by us. You can print/save it before order submission. After order, all legally required info and terms will be emailed to you.
3.3. If you request a custom offer outside the online system, we will email the offer in printable form.

4. Key Characteristics of Products or Services
See individual product descriptions.

5. Prices and Payment Terms
5.1. Prices include all taxes.
5.2. Shipping costs are listed separately.
5.3. Additional fees (customs, exchange rates) may apply for non-EU countries.
5.4. Intra-EU delivery with external-EU payment may incur bank fees.
5.5. Payment methods are shown on our site or in the offer.
5.6. Payments are due immediately unless otherwise stated.

6. Delivery Conditions
6.1. Conditions, times, and restrictions are shown on our site or in the offer.
6.2. For consumers, the risk of damage passes upon delivery. This does not apply if you use your own shipping provider. For businesses, risk passes upon dispatch.

7. Statutory Warranty Rights
See §6 above.

These General Terms and Conditions and customer information were created by IT-law specialists of Händlerbund and are regularly legally reviewed. Legal security is guaranteed. For more info, visit:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service

Last updated: November 29, 2023