- These general terms and conditions apply to all orders you place on the online shop of the Karim Guest GmbH, Erfurter Str. 2, 99974 Mühlhausen, Managing Directors: Anton Schumann, Karim Guest.
- The goods offered in our online shop are intended for customers above 18 years of age.
- Language of contract is only English.
- You can retrieve and print the respective currently applicable general terms and conditions on our website under https://karimguest.com/pages/gtc
- The product presentation in the online shop does not constitute a binding request for the conclusion of a purchasing contract. On the contrary, it is a non-binding invitation to order goods in the online shop.
- By clicking the “Buy now” button you submit a binding purchase proposal (§ 145 BGB).
- Upon receipt of the purchase offer you will receive an automatically generated email in which we confirm that we have received your order (confirmation of receipt). The confirmation of receipt does not yet constitute an acceptance of your purchase offer. A contract is not yet closed by the confirmation of receipt.
- A purchase contract for the goods is only concluded if we declare the explicit acceptance of the purchase offer or if we dispatch the goods to you - without any previous declaration of acceptance.
The prices shown on the product pages include the legal VAT and other price components and are without the respective packaging and shipping costs. Details on the shipping costs can be found under https://karimguest.com/pages/shipping4. Conditions of payment; default
- We essentially accept following methods of payment:Advance payment per invoice, credit card,PayPal or cash on delivery.
- The choice of the respective method of payment available is at our discretion. We reserve the right, in particular, to only offer you selected methods of payment, for example, to safeguard against our credit risk, only advance payment.
- If the method of payment - advance payment against invoice - we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 7 working days after receipt of the invoice.
- If payment is by credit card the purchase price at the time of ordering is reserved on your credit card (“Authorisation”). The actual charging to your credit card account takes place at the time when we dispatch the goods to you.
- If you are in default of a payment, then you will be obliged to pay statutory penalty interest to the amount of 5 percentage points above base rate. For every reminder that is sent to you after the default occurred, a reminder fee of 2.50 Euro will be charged,unless, from case to case, a lower or higher damage can be proved.
- You only have a right to offsetting if your counterclaim has been legally confirmed, is not disputed or has been recognised by us, or is in a synallagmatic relationship to our claim.
- You can only exercise a right of retention if your counter claim is based on the same contractual relationship.
- Deliveries are only possible to Germany, Belgium, Luxembourg, Netherlands, Austria, Denmark, Finland, France, Italy, Norway, Portugal, Sweden, Switzerland, Spain and United Kingdom. Deliveries are only made in normal household quantities.
- Unless otherwise agreed upon, the delivery of the good from our warehouse is only to the address specified by you.
- We are, on an exceptional basis, not obliged to deliver the goods ordered, if we, on our part, correctly ordered the goods, the deliver, however, was not correct or not on time (congruent hedging transaction). Prerequisite is, that we were not responsible for the lack of availability of the goods and that you were informed of the circumstances in a timely manner. Furthermore we may not have assumed the risk for the procurement of the goods ordered. In the event of a corresponding non-availability of the goods we will immediately refund any payments made. We do not assume the risk of having to procure the goods ordered (procurement risk). This also applies to goods where only the type and characteristics are described (generic goods). We are only obliged to deliver goods from our stock or those goods that we have ordered at our suppliers.
- The goods shall remain our property until full payment of the purchase price has been made.
- The delivery is done by one of the following service providers: DHL or UPS.
- You have a right to cancellation based on the following provisions:
You have the right to cancel this contract within fourteen days without providing a reason. The cancellation period totals fourteen days from the day on which you, or a third party named by you, who is not the carrier, took possession of the last product.
To exercise your right of cancellation, you must inform us, Karim Guest GmbH (Erfurter Str. 2, 99974 Mühlhausen, Fax: 03601833050, email: email@example.com) by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail) of your decision to cancel this contract. If you wish, you can use the enclosed sample cancellation form, although it is not obligatory.
In order to comply with the cancellation deadline, it suffices to send the notification of your wish to exercise your right to cancel prior to expiry of the cancellation deadline.
Consequences of cancellation
If you cancel this contract, we are obliged to reimburse all payments we have received from you, including shipping costs (with the exception of additional costs arising from your choice of a different method of shipping than the lowest cost standard shipping we offer), with repayment taking place immediately, or no later than fourteen days from the date on which we received your notification to cancel the contract with us. To make the repayment, we will use the same method of payment you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may withhold repayment until we have received the goods to be returned, or you can demonstrate you have returned the goods, whichever is the earlier.
You have to return or hand over the goods immediately and, in all events, no later than fourteen days from the date you inform us of your wish to cancel this contract. The deadline is deemed to have been met if you send the goods prior to expiry of the fourteen-day deadline.
You bear the direct cost of the returning the goods. You only have to pay for any diminished value of the goods when the loss in value is attributable to an unnecessary procedure undertaken by you to ascertain the quality, characteristics and functioning of the goods.
Sample cancellation form
If you wish to cancel the contract, please fill in this form and return it to us.
To: Customer Service Onlineshop
Company: Karim Guest GmbH
Address: Erfurter Str. 2, 99974 Mühlhausen
Fax: +49 3601 833050
I/We (*) hereby cancel the contract concluded by me/us (*) concerning the purchase of the following goods (*)
Ordered on (*)/Received on (*)
Names of the consumer(s):
Signature of the consumer(s) (only for communications submitted on paper)
(*) Please cross out if not applicable.
End of the cancellation policy
- The right of cancellation does not apply for the delivery of goods that weren’t previously finished and for the manufacture of which, an individual selection or the definition by the consumer is decisive or are clearly and unambiguously manufactured to the consumer’s requirements (e.g. T-shirts with your photo or your name) or for the delivery of sealed goods, that, for health reasons, are not suitable for being returned if the seal has been removed after delivery.
- Please avoid damage and contamination. Please return the goods to us, if possible, in the original packaging with all accessories and all packaging components. If necessary pleas use a protective secondary packaging. If you no longer have the original packaging, please use a suitable packaging for adequate protection against damage during transport to avoid compensation claims because of damage due to poor packaging.
- Please note that the above mentioned modalities in paragraphs 2 and 3 are not prerequisites to exercise the right to cancellation.
- For all goods that you order from us we grant, in addition to the legal right to cancellation (Item 7) a voluntary return guarantee of a total of 30 days after you have received the goods. You can annul the contract by returning the goods to us within 30 days after receiving them (the period begins on the day after the receipt of the goods), inasmuch that the goods are complete and in their original packaging and are in an unused and undamaged condition. The timely dispatch is sufficient to meet the deadline.
- The goods are to be returned to: Karim Guest GmbH, Erfurter Str. 2, 99974 Mühlhausen
- Other statutory rights and claims are unaffected by this contractually granted voluntary return guarantee. In particular your legal right to cancellation and your statutory warranty rights remain without limitation.
- If goods are supplied with obvious signs of transport damage, please notify the shipper immediately of such damage and contact us as soon as possible.
- Failure to file a complaint or to contact us does not have any influence on your legal warranty claims rights. This will, however, help us to validate our own claims toward the courier and/or transport insurance.
- Unless otherwise agree upon, your warranty claims are in accordance with the statutory provisions of the purchase rights (§§ 433 ff. BGB) (German civil code).
- The period of limitation for warranty claims for used articles is, contrary to the statutory provisions, one year. This limitation does not apply to claims for damage or injury to life, to the body or health or as a result of a breach of an important contractual obligation, the fulfilment of which enables the fulfilment of the contract and on the compliance of which the contract partner can rely (major obligation) as well as for claims due to other damage, that were caused by grossly negligent breach of obligations by the user or his agents.
- Otherwise, the statutory provisions for warranty shall apply.
- Unlimited liability We assume unlimited liability for acts of intentional and gross negligence under the terms of the German Product Liability Act. In the case of ordinary negligence, we shall be liable for damages arising as a result of injury to life, limb or health.
- Furthermore, the following limited liability applies: In the case of ordinary negligence, we are only liable in the event of breach of a material contractual duty, the fulfilment of which is required for the proper execution of the contract and compliance with which the contractual partner regularly relies and is entitled to rely upon (cardinal duty). In the event of liability for ordinary negligence, the amount of liability is limited to the amount of the foreseeable damage that would typically be expected to be incurred in the event of such a liability at the time when the contract was concluded. This limitation of liability also applies in favour of vicarious agents.
- In the event that one or more of the provisions contained within the present General Terms and Conditions should be or should become invalid, this shall be without prejudice to the validity of the other provisions therein contained.
- You hereby agree that we will only communicate with you via email. This applies in particular to invoices and credits.
- Contracts between you and us are solely governed by German law. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.