Terms of service

General Terms and Conditions

Contract terms within the framework of purchase contracts made through the platform

between

Kaya Trading GmbH, Am Wißbrock 2 in 33647 Bielefeld, Mobile: 017669230222, registered in the commercial register of the district court of Bielefeld under HRB 45551, represented by Hüseyin Kaya, VAT ID No.: DE 367264305 - hereinafter referred to as “Provider” -

and

the customers specified in § 2 of the contract - hereinafter referred to as “Customer” -

concluded.

 

1 Scope and Definitions

(1) These General Terms and Conditions (hereinafter referred to as "Terms") govern the business relationship between the webshop provider (hereinafter referred to as the "Provider") and the customer (hereinafter referred to as the "Customer") in the version valid at the time of the order. Any deviating terms and conditions of the Customer will not be recognized unless the Provider explicitly agrees to their validity in writing.

(2) The Customer is considered a consumer if the purpose of the ordered goods and services cannot predominantly be attributed to their commercial or independent professional activities. Conversely, an entrepreneur is any natural or legal person or partnership with legal capacity acting in the exercise of their commercial or independent professional activities when entering into the contract.

 

2 Contract Formation

(1) The Customer can select products from the Provider's range—particularly food, beverages, toys, merchandise, and school supplies—and collect them in a virtual shopping cart by clicking the "Add to Cart" button. By clicking the "Place Order" button, the Customer submits a binding offer to purchase the items in the shopping cart. The Customer may review and modify their order details before submitting the order. The offer can only be submitted and transmitted if the Customer accepts these Terms by clicking the "Accept Terms and Conditions" button, thereby incorporating them into their offer.

(2) The Provider will then send the Customer an automatic confirmation of receipt by email, listing the Customer's order and allowing it to be printed via the "Print" function. The automatic confirmation merely documents that the order has been received and does not constitute acceptance of the Customer's offer. The contract is concluded only upon the Provider's explicit acceptance of the offer, communicated through a separate email (order confirmation). The contract text (comprising the order, Terms, and order confirmation) will be sent to the Customer on a durable medium (email or printout) at the latest upon delivery of the goods (contract confirmation). The contract text is stored in compliance with data protection regulations.

(3) The contract is concluded in the German language.

 

3 Delivery and Product Availability

(1) Delivery times provided by the Provider are calculated from the time of the order confirmation, subject to prior payment of the purchase price (except for purchases on account). If no delivery time is specified for a particular product in the online shop, it is 1–3 days.

(2) If the product selected by the Customer is unavailable at the time of order, the Provider will notify the Customer immediately in the order confirmation. If the product is permanently unavailable, the Provider will not accept the offer, and no contract will be concluded.

(3) If the product ordered by the Customer is temporarily unavailable, the Provider will also inform the Customer immediately in the order confirmation.

(4) Delivery is restricted to customers with a habitual residence (billing address) in Germany and a delivery address in the same country.

 

4 Retention of Title

The goods remain the property of the Provider until full payment is received.

 

5 Prices and Shipping Costs

(1) All prices listed on the Provider's website include applicable statutory VAT.

(2) Applicable shipping costs are indicated in the order form and must be borne by the Customer unless the Customer exercises their right of withdrawal. Orders exceeding a value of EUR 79 are shipped free of charge within Germany.

(3) Goods are shipped via postal service. The Provider bears the shipping risk if the Customer is a consumer.

(4) In the event of withdrawal, the Customer must bear the direct costs of returning the goods.

 

6 Payment Terms

(1) Payment can be made via direct debit, credit card, cash on delivery, PayPal, or instant bank transfer.

(2) The Customer may change their stored payment method at any time in their user account.

(3) Payment of the purchase price is due immediately upon contract conclusion. If a payment deadline is specified by the calendar, the Customer will be in default if the deadline is missed. In this case, the Customer must pay default interest of 5 percentage points above the base interest rate annually.

(4) The Provider reserves the right to claim additional damages caused by the delay.

 

7 Warranty for Defects and Guarantees

(1) The Provider is liable for defects in goods in accordance with statutory provisions, particularly §§ 434 ff. BGB. For entrepreneurs, the warranty period for goods delivered by the Provider is 12 months.

(2) Additional guarantees for the goods delivered by the Provider are only valid if explicitly stated in the order confirmation.

8 Liability

(1) Claims for damages by the Customer are excluded, except for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), and for liability for other damages caused by intentional or grossly negligent breach of duty by the Provider, its legal representatives, or agents.

(2) For breaches of cardinal obligations, the Provider is liable only for foreseeable damages typical of the contract, unless they involve claims for damages due to injury to life, body, or health.

(3) The limitations of liability also apply to the Provider's legal representatives and agents.

(4) The limitations do not apply in cases of fraudulent concealment of defects or guarantees provided by the Provider. Provisions under the Product Liability Act remain unaffected.

 

9 Right of Withdrawal

(1) Consumers have a statutory right of withdrawal for distance contracts, as outlined below. Exceptions are specified in subsection 2.

 

Right of Withdrawal:

You have the right to withdraw from this contract within 14 days without providing a reason.

The withdrawal period begins on the day you, or a third party designated by you, take possession of the goods. To exercise your right of withdrawal, notify us (Kaya Trading GmbH, Am Wißbrock 2, 33647 Bielefeld, Germany) via an unequivocal statement (e.g., a letter sent by post, fax, or email). You may use the attached withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notification regarding your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we are obliged to reimburse all payments we have received from you, including delivery costs (except for additional costs arising from your choice of a different delivery method than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the day we receive the notification of your withdrawal from this contract. For this reimbursement, we will use the same payment method that you used in the original transaction, unless expressly agreed otherwise with you. In no case will you be charged any fees for this reimbursement.

We may withhold reimbursement until we have received the returned goods or until you have provided proof that you have returned the goods, whichever occurs first.

You must return or hand over the goods to us without delay and, in any event, no later than fourteen days from the day you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires.

You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods if this loss in value is due to handling of the goods that was not necessary to check their condition, properties, and functionality.

 

(2) The right of withdrawal does not apply to contracts for the delivery of sealed audio or video recordings or sealed computer software if the seal was removed after delivery.

(3) The provider informs the customer about the model withdrawal form according to statutory regulations as follows:

 

 

10 Final Provisions

1. Contracts between the Provider and the Customer are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection laws in the Customer's habitual residence remain unaffected.

2. If the Customer is a merchant, legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is the Provider’s registered office.

3. If any provision of this contract is invalid, the remainder remains binding. Statutory provisions replace invalid terms. If this causes unreasonable hardship, the contract will be invalidated in its entirety.

 

General Terms and Conditions for Internet Sales (B2B) 

1. General, Customers, Language

(1) All offers, sales contracts, deliveries and services made on the basis of orders by our customers (each, a „Customer“) through our online shop www.sweetz-united.de (the „Online Shop“) shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“).

(2) The product offerings in the B2B area of our Online Shop are directed exclusively to entrepreneurs (as defined in Sec. 14 (1) of the German Civil Code , i. e. natural or legal persons or partnerships with legal capacity acting, when entering into the transaction in the exercise of their commercial, business or professional activity), as well as legal entities and special funds organized under public law, but in each case only to end users. The Customer is required to confirm the above upon registration and placement of the order in the Online Shop.

(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.

(4) Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English or German language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant. English terms to which a German translation has been added shall have the meaning assigned to them by the relevant German term.

 

2. Conclusion of Contract

(1) Our offerings in the Online Shop are non-binding.

(2) By placing an order in the Online Shop, the Customer makes a binding offer to purchase the relevant product. The offer will remain open for acceptance by us for a period ending at the end of the 14th business day following the day of the offer.

(3) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.

 

3. Prices and Payment

(1) Our prices include statutory VAT, but are net of shipping costs. Any customs duties and similar public charges shall be borne by the Customer.

(2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (to be made in the manner specified in our order form made available in the Online Shop) or shall be paid cash on delivery, in each case upon receipt of an invoice. Upon the Customer’s request, to be made in the order form, we will deliver the product against cash payment in our store in Bielefeld, Am Wißbrock 2.

(3) In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the Customer with­in 7 days upon receipt by the Customer of the product and the invoice.

(4) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.

 

4. Date of Dispatch of the Product, Sell off, Partial Delivery

(1) Any period for the dispatch of the product, specified by us at the time of the order or as otherwise mutually agreed upon, shall begin (a) upon receipt by us of the full purchase price (including VAT and shipping costs) if payment in advance has been agreed or (b) upon conclusion of the sales contract if cash on delivery or payment after delivery has been agreed upon. The date of dispatch shall be such day on which the product is handed over by us to the carrier.

(2) Any time period for the dispatch of the product specified by us shall be only approximate and may therefore be exceeded by up to 3 business days, except if a fixed date of dispatch has been agreed upon. Unless a time period or date of dispatch has been specified or agreed upon, we shall be required to dispatch the product within a period of 5 business days.

(3) Even if the product is indicated on the order form as „in stock“, we may sell the product at any time, unless an agreed advance payment is received by us within a period of 5 business days upon our acceptance of the order. In such case, we shall only be obligated to dispatch the product within the relevant time period (as agreed upon or specified by us) as long as stock lasts.

(4) In the event that our supplier fails to deliver in a timely manner a product that has been indicated on the order form as „not in stock“ or has been sold off in accordance with subsection 3 above, any applicable period for dispatch shall be deemed to be extended until delivery is made by our supplier plus an additional period of three business days, but in no event by a period exceeding 2 weeks; provided, in each case, that

• our supplier's failure to timely supply the products is not a result of our fault and
• we have ordered the relevant product from the supplier prior to conclusion of the sales contract (or, in case of subsection 3, the time of the sell-off) in such a timely manner that under normal circumstances a timely delivery could reasonably be expected.

In the event that the product is no longer available for a reason not attributable to us or cannot be timely delivered despite our timely order, we shall be entitled to terminate the sales contract. We shall without undue delay inform the Customer of the non-availability of the product and, in case of a termination, promptly reimburse the Customer any payments made to us.

(5) If the Customer has purchased, through the same order, several products that can be used separately, we may dispatch those products in separate deliveries, provided that we shall bear any additional shipping costs. If, however, a product is designated in the Online Shop as “out of stock” and the Customer opts for advance shipment of other products in stock, any additional shipment costs arising therefrom shall be borne by the Customer. The Customer’s statutory rights in relation to a timely and proper delivery shall not be affected thereby.

 

5. Type and Time of Shipment, Insurance and Passing of Risk

(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.

(2) If the product is shipped according to the agreement with the Customer, except where we have agreed to carry out any assembly, installation or similar work, we shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit time (i. e. the time between the delivery by us to the carrier and the delivery to the Customer) specified by us shall therefore be non-binding.

(3) The risk of accidental destruction, damage or loss of the delivered product shall, if our obligation is limited to the dispatch of the product (subsection 2), pass to the Customer upon delivery of the product by us to the carrier.

(4) We shall insure the product against the usual risks of transportation at our cost and expense.

 

6. Retention of Title and Resale

(1) We retain legal title (Eigentumsvorbehalt) to any product supplied by us until the purchase price (including VAT and shipping costs) for that product has been fully paid.

(2) The Customer shall not be entitled to transfer title to any products delivered by us under retention of title (“Retained Goods“) to a third party, except with our prior written consent. The Customer may, however, dispose of its legal position in relation to the Retained Goods (so called expectant right), provided that the third party is made aware of our title rights.

(3) The Customer shall treat the Retained Goods with due care.

(4) In the event that any third party, in particular in connection with any enforcement, seeks to take control of the Retained Goods, the Customer shall make aware the third party of our title right and shall without undue delay notify us in order to enable us to enforce our rights.

(4) In case of a payment default by the Customer, we may require the Customer to surrender the Retained Goods to us, as soon as we have terminated the contract.

 

7. Warranty

(1) In the event of a defect of the delivered product, we may, at our choice repair the defect or supply another product (as ordered) which is free from defects provided that such choice shall be made by us by written notice (in „text form“, including by telefax or by e-mail) within a period of 7 business days following receipt of the Customer’s notice of the defect.

(2) If remediation pursuant to subsection 1 fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accord­ance with applicable law; provided, how­ever, that damage claims of the Customer shall be subject to the provisions contained in Section 9 of these General Terms and Conditions.

(3) The warranty period shall be one month upon delivery of the Product.

(4) The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of one business day upon delivery or (ii) otherwise within 3 business days as from the day when the defect has been identified.

 

8. Intellectual Property Rights

(1) The Customer is granted the non-exclusive right to use any software delivered with the product for use in connection with the product.

(2) The Customer shall have no right to make copies, except for the purpose to use the software pursuant to Section 8 (1) or for back-up purposes.

(3) The Customer may transfer the rights to any third party only if at the same time title to the relevant product is transferred to the transferee and the Customer does not retain any copy.

 

9. Liability

(1) Our liability for late delivery shall, except in cases of wilful misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit), be limited to an amount equal to 3 % of the aggregate purchase price (including VAT).

(2) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. Furthermore, our liability shall be excluded for damages resulting out of a loss of data to the extent that data recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.

(3) The provisions of this Section 9 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.

 

10. Data Protection

We may save and process any data relating to the relevant orders only to the extent permitted under applicable law. Details are set out in the privacy policy available on our website.

 

11. Applicable Law and Competent Courts

(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.

(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Paderborn, Germany shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.