Terms and Conditions
GENERAL TERMS AND CONDITIONS of:
Kimex GmbH, Dickenhoopsweg 10, 31535 Neustadt am Rübenberge
§ 1 Scope, customer information
The following terms and conditions govern the contractual relationship between Kimex GmbH and the consumers and entrepreneurs who buy goods through our shop. Conflicting or deviating from our terms and conditions of the entrepreneur are not recognized by us. These terms and conditions also contain customer information according to the BGB information regulation. The contract language is German.
§ 2 Conclusion of contract
(1) The offers on the Internet are a non-binding invitation to you to buy goods.
(2) After entering your data and clicking on the order button, you make a binding offer to conclude a purchase agreement. You can also submit a binding order by phone or fax. The immediate confirmation of your order by e-mail or fax does not constitute acceptance of the purchase offer.
(3) We are entitled to accept your offer within 1 day by sending an order confirmation by e-mail. After fruitless expiry of the period mentioned in sentence 1, your offer will be deemed rejected, i. You are no longer bound to your offer. If you place an order by phone, the purchase contract is concluded when we accept your offer immediately. If the offer is not accepted immediately, then you are no longer bound to it.
§ 3 Customer information: storage of the offer text
The contract text with information about the article is stored by us. You have no access to the contract via the internet.
§ 4 Customer information: correction note
You can correct your entries at any time before placing the order. We inform you on the way through the ordering process about your correction options.
§ 5 Return costs in case of cancellation
The refund of the purchase price paid will be made within thirty days upon return. Precondition: the goods must be in perfect condition including all undamaged packaging materials and parts and must be returned to Kimex GmbH within 14 days. For the communication of the customer account data (for foreign customers IBAN and SWIFT code) please use the return form. The cost of returning the goods is covered by Kimex GmbH. You can request a free return label for this. Returns that are returned freight collect will not be accepted by Kimex GmbH and will be returned to the sender immediately.
§ 6 Retention of title
The purchase remains our property until full payment.
§ 7 Limitation of your warranty claims
(1) Guarantee to consumers of used goods
Your warranty claims for defects in used goods become time-barred in one year from the delivery of the goods sold to you. Excluded from this regulation are claims for damages, claims for defects which we fraudulently concealed and claims from a guarantee which we have assumed for the quality of the goods. For these excluded claims, the statutory limitation periods apply.
(2) Guarantee to entrepreneurs
Your warranty claims due to defects in the purchased goods become statute-barred one year from the passing of risk. Excluded from this regulation are claims for damages, claims for defects, which we fraudulently concealed, and claims from a guarantee that we have assumed for the quality of the goods. Also excluded is the recourse claim under § 478 BGB. For these excluded claims, the statutory limitation periods apply.
§ 8 Product note leather / saddles
Leather is a natural product and is therefore subject to fluctuations in scars, wrinkles and thickness. Naturally conditioned changes that result from the use of elastic material, such as deformation of the leather, or the cushioning material by heat, power and moisture, do not represent a deficiency, but essential properties of the leather. When riding creates friction and pressure, this can change the color wear. For environmental reasons, leather must not be dyed through. Therefore, worn paint is not a defect in the leather. Shades and color variations can not be avoided with natural materials, and since the color changes unevenly due to use, this can be accepted as a natural component of the material. The upholstery of the saddle changes by use and must therefore be checked and possibly renewed. Also a change of the rider, the way of riding or the horse body can not guarantee a long-term fit accuracy. Therefore, it is up to the customer alone to recognize or prevent these changes in the fit in good time. For any health disadvantages in the horse, which are due to changes in fit, the customer or rider alone is fully responsible. Any liability on the part of the seller for health damage to the horse or rider are hereby excluded.
§ 9 Limitation of Liability
We exclude liability for slightly negligent breaches of duty, insofar as these do not concern essential contractual obligations, damages resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and our legal representatives. One of the essential contractual obligations is the obligation to hand over the goods to you and to grant you ownership of them. Furthermore, we have to procure the matter free of material and legal defects.