General Terms and Conditions of Sale
of contracts closed by
Silver Trading UG (please find the full company details in the imprint section)
hereinafter: “Customers“ or “Users“
§ 1 Scope, definitions
(1) The Provider operates an online shop for costumes, accessories, sex toys and underwear on http://kittensandkink.com (hereinafter “Website”).
(2) The contractual relationship between the Provider and Customers shall be fully regulated by these Terms and Conditions (hereinafter: “T&C”) in the respectively applicable version, as it may be updated from time to time. Differing, derogating or additional conditions do not apply if not expressly agreed upon.
(3) In order to enter into a contract with the Provider, Customers must qualify as consumers and be adults according to applicable legislation. Consumers are natural persons acting for purposes which are outside his trade, business, craft or profession. The age of majority is determined by the law of the country of the Consumer’s habitual residence or domicile.
(4) Customers not qualifying as consumers may contact the Provider to negotiate separate conditions of purchase.
§ 2 Contract conclusion
(1) Customers may choose products from the selection available on the Website and place them into the shopping cart. Following the instructions displayed in the shopping cart section, Customers are required to indicate a delivery and invoicing address and choose a payment method. Before confirming their order, Customers may always review their order, modify or abandon it. The order can only be submitted, if the Customer accepts these T&C by flagging the relevant check-box and then clicks on the button “order now”.
(2) Each order submitted constitutes a binding offer to purchase and creates for the Customer the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page. In case the ordered product requires an active input from the Customer, such as the provision of personal information or data, specifications or special wishes, the order submission also creates the obligation to cooperate with the Provider accordingly.
(3) Upon submission of the order the Customer shall receive an email confirmation containing an order summary. Such confirmation attests that the order has been received and constitutes acceptance of the order, if the payment of the purchase price has been successful. If the payment has failed, the contract is not closed. The entire contractual agreement, consisting of these T&C, the order summary and the order acceptance shall be provided to Customers alongside the confirmation email, a separate email or the parcel delivered. The contractual agreement shall be saved in compliance with applicable data protection provisions.
(4) Contracts are closed in English.
§ 3 Availability of products, delivery
(1) Delivery times are calculated from the moment of the order acceptance, provided that the purchase price has already been paid. Delivery times are displayed on the Website and during the purchasing process and may depend on the delivery address indicated by the User.
(2) Prices, descriptions and availability of products are outlined in each product page and are subject to change without notice. Any representation of products through photos, images, colours, sounds or any other means is for reference purposes only and does not imply any warranty as to the characteristics of the purchased product. The specifications of the chosen product are those outlined in the order summary.
(3) Unless otherwise specified on the Website, products are delivered in the following territories: European Union, European Economic Area, USA, Canada, South America, Australia, New Zealand, South Africa, Hong Kong. Users may contact the Provider via email to inquire if delivery to other territories is possible.
(4) The User shall bear any costs, expenses or damages arising to the Provider due to an incorrect delivery address provided by the User. A further delivery attempt shall be made after provision of a correct delivery address at the User’s expense.
§ 4 Retention of title
The products purchased remain in the Provider’s property until the purchase price is received.
§ 5 Prices and delivery costs
(1) All prices displayed on the Website include applicable VAT.
(2) Costs of delivery, including possible import taxes are specified during the purchasing process and must be borne by the User.
(3) Shipping is made per standard mail service. The risk of shipment is borne by the Provider.
(4) In case of withdrawal from the purchase contract pursuant to §9 below, Users must bear the costs of returning the products to the Provider. The original costs of delivery, except any additional costs resulting from the choice of a particular delivery method other than the cheaper standard delivery method offered on the Website, shall be refunded by the Provider.
§ 6 Payment methods
(1) Payments may be done via one of the methods displayed on the Website and during the purchasing process.
(2) Payments are due immediately upon contract conclusion, as described at §2. If payment through any of the available methods fails, the Provider shall not be bound to perform the contract. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
(3) In case the Provider has set a due date for the payment, the Customer in arrears with payments shall bear default interests of 5% above the base interest rate. In any case, the Provider reserves the right to claim further default charges or damages against the Customer.
§ 7 Statutory guarantee
(1) Consumers having their habitual residence within the EU are entitled to the statutory guarantee rights resulting from EU legislation and from the legislation of the country of their habitual residence.
(2) Unless otherwise specified, no further commercial guarantees or warranties exist.
§ 8 Liability
(1) In case of slight negligence and excluding the case of death or personal injury the Provider’s liability is limited to typical and foreseeable damages.
(2) The Provider and its auxiliaries are liable pursuant to statutory provisions in case of death or personal injury, severe breach of contract (i.e. breach of a fundamental obligation, whose performance is necessary to achieve the purpose of the contract) and in any case of intent or gross negligence.
(3) Product liability provisions shall stay unaffected.
§ 9 Right of withdrawal
Unless one of the exceptions mentioned at the relevant section below applies, Consumers have a right to withdraw from the purchase contract without giving a reason within 14 days.
To exert their right of withdrawal, Consumers must send an unambiguous notice to the Provider about their intention to withdraw from the contract. To this end, Consumers may use the template withdrawal form provided below or any other equivalent method.
The 14-days withdrawal period expires 14 days after the day on which the Consumer or a third party designated by the Consumer – other than the carrier – takes physical possession of the products. In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good delivered in several partial shipments, the withdrawal period expires 14 days after the day on which the User or a third party designated by the Consumer – other than the carrier – acquires physical possession of the last good, part or partial shipment.
In order to keep the 14-days-deadline it’s sufficient that the withdrawal notice is sent before the withdrawal period expires.
Exceptions from the right of withdrawal
The right of withdrawal does not apply to contracts regarding the supply of
- goods made to the consumer’s specifications or clearly personalised; or
- sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
Effects of withdrawals
Consumers who correctly withdraw from a contract will be reimbursed by the Provider for all payments made, including those covering the cost of delivery (except any additional costs resulting from the choice of a particular delivery method other than the cheaper standard delivery method offered by the Provider) without undue delay and in any event no later than 14 days from the day on which the Provider is informed of the Consumer’s decision to withdraw from the contract. Unless otherwise agreed with the Consumer, reimbursements will be made using the same means of payment used by the Consumer for the initial transaction. No costs or fees will be imposed on the Consumer for processing such reimbursement.
Consumers must send back the goods and return them to the Provider without undue delay and in any event not later than 14 days of the day on which they notified their withdrawal from the contract. The deadline is met if by submitting the goods to the carrier before the 14 day period has expired. The reimbursement may be withheld by the Provider until reception of the goods, or until the Consumer has supplied evidence of having sent back the goods, whichever is the earliest. Consumers shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics and functioning.
The cost of returning the goods shall be borne by the Consumer.
Model withdrawal form
— To Silver Trading UG, Adalbertstr. 17, 10997 Berlin, firstname.lastname@example.org:
I/We1 hereby give notice that I/We1 withdraw from my/our1 contract of sale of the following goods1
- ordered on1/received on1:
- name of consumer(s):
- address of consumer(s):
- signature of consumer(s) (only if this form is notified in paper):
(1) Delete as appropriate
§ 10 Common provisions
(1) Contracts closed by the Provider and Consumers are regulated by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods. Statutory provisions limiting the choice of law or any other mandatory provision, including but not limited to consumer protection provisions resulting from the legislation of the country of the Consumer’s habitual residence, shall stay unaffected.
(2) In case any of the provisions of this contract should be or result to be invalid or unenforceable, the remaining provisions shall stay unaffected. The parties shall then commit to replace the invalid or unenforceable provision by a valid and enforceable provision coming closest to the invalid or unenforceable provision.