General Terms and Conditions

Valid from 01.01.2023

Dear Customer,

Thank you for choosing us. We look forward to working with you and strive to process all orders to your complete satisfaction. Nevertheless, we ask that you observe our following General Terms and Conditions of Business and Delivery (GTCs).

I. Scope                                                                                                                                                                                                                Our T&C shall apply to all contracts for the supply of goods and services. Our T&C are accepted by your signature on our order confirmation form and/or accepting the goods. The T&C of Kaheku are the sole applicable terms and conditions. All other terms and conditions referred by the purchaser are excluded and not valid. Verbal and different agreements must be confirmed by us in writing.

II. Conclusion of the Contract                                                                                                                                                                                         Our quotations are subject to confirmation and non-binding. This is valid even if you received catalogues, product information sheets and/or product descriptions from us. All incoming orders must be confirmed by us. Especially seasonal items could be subject of cancellations in case of quality problems or delivery delays caused by our suppliers. The fulfilment of the contract is linked to the correct and timely self-delivery. We are entitled to withdraw from the contract, if we are not supplied by our supplier, although we have a contractual right to be delivered and are not responsible for the non-supply. We are obliged to inform you immediately if we become aware of our non-delivery. Your order will be considered as a binding sales contract, which we confirm within 14 days after receipt. In case of incoming orders through our online shop, you will receive an email confirmation or an immediate delivery of the purchased goods.

III. Deliveries and Delivery Dates

Export delivery terms are Ex Works Hildesheim. For national orders, we charge 8% transport costs & 1,25 % packaging surcharge of the net order volume. Different agreements must be confirmed by us in writing.

All types of additional costs for transport, tax, cus-toms duties etc. will be charged accordingly.

We deliver the goods within 14 days, if available on stock. Otherwise we will communicate an approxi-mate delivery date. Generally all delivery dates are not binding. We fall in delay, if we cannot deliver on time, in case a binding delivery date was agreed.

Delivery time starts from receipt of advance pay-ment, in case of pre-payment was agreed.

We reserve us the right to arrange partial deliveries without any additional cost for you.

Transport insurance is not included. All goods are shipped on your risk. Optionally we can care for the transport insurance, charging an additional amount of 1.5% of the net order value.

We assume no responsibility for force majeure and other incidents not caused by us, which could in-fluence the transport or the delivery time.

IV. Prices and Terms of Payment                                                                                                                                                                                 All our prices are based on our updated pricelist. The prices showed in our web shop are valid for all online orders.

All prices are net prices. VAT, duties, transport and any kind of extra charges are not included.

We will also adjust the prices to be paid on the basis of this contract at our reasonable discretion to the de-velopment of the costs that are decisive for the price calculation.

A price increase can be considered and a price reduc-tion must be made if, for example, the costs for our own procurement of goods (own purchase prices) in-crease or decrease or other changes in transport costs, packaging costs or legal framework conditions lead to a modified cost situation (e.g. through the in-troduction of increased export and import duties, im-port restrictions, supply shortages, etc.).

Increases in one type of cost, e.g. the cost of purchas-ing goods, may only be used for a price increase to the extent that there is no compensation for any falling costs in other areas, such as transport costs or import restrictions. In the event of cost reductions, e.g. of transport costs, we shall reduce the prices insofar as these cost reductions are not fully or partially offset by increases in other areas.

When exercising our reasonable discretion, we will choose the respective point in time of a price change in such a way that cost reductions are not taken into account according to standards that are less favoura-ble for you than cost increases, i.e. cost reductions are price-effective at least to the same extent as cost in-creases.

We are not entitled or obliged to change the price if our service is provided within three months of the conclu-sion of the contract.

Price changes will be communicated to you in writing with a notice period of one month before delivery.

In this case, you have the right to terminate the con-tract in writing within two weeks. If you continue to use our services after the price modification, this is con-sidered a declaration of consent to the price change.

Depending on the duration, on the kind of our busi-ness relationship, on the balance of customer account we can offer the following payment modes:

- advance payment

- debit entry (SEPA)

- invoice (payment on account)

- VISA (online shop)

- MasterCard (online shop)

The payment term for new customers depends on the result of a credit approval, specified in our customer records.

Unless otherwise agreed, our invoices are payable net within 30 days of the invoice date.

Export orders are processed only by pre-payment.

For deliveries with a net value of less than EUR 500.-, we consider a surcharge of EUR 75.- per shipment, unless another contractual arrangement has been agreed.

V. Warranty and Liability                                                                                                                                                                                                  We only supply goods free from defects and faults. If you note a defect, please send us your claim report within 14 days after receipt of the goods. Hidden defects must be notified within 30 days after receipt of goods. In case of a justifiable complaint we will replace the claimed product. Should a replacement be impossible or unreasonable, a price reduction or credit can be negotiated.

VI. Data Protection                                                                                                                                                                                                        Your customer data shall only be stored under observance of the German data protection regulations. In particular, we may process and store the data, necessary for the execution and processing of the order and the contract and for as long as we are obliged to store this data by statutory provisions. Your data shall only transmitted to information agencies if this should be necessary for a credit check and only based on your declared approval in our customer master data sheet. Your data shall only be taken into consideration for our advertising campaigns if you expressly declared your consent on our customer master data sheet.

VII. Retention of Title                                                                                                                                                                                                            All delivered goods remain our property until full payment of all open balances resulting from our business relation. In any case you are allowed to dispose of the goods in ordinary business transactions. You are obliged to communicate immediately the risk of execution or other obstacles caused by third parties, which could influence the property rights on the goods. In case of delay of payments or other violations we are entitled to cancel the contract and to demand the immediate return of our goods. 

VII. Final Provisions                                                                                                                                                                                                      Place of jurisdiction for all disputes arisen in the business relation is Hildesheim (Germany). Our terms and condition are governed without any exception by the law of the Federal Republic of Germany. In case of invalidity of single points in these terms and conditions or in case of invalidities which refer to other agreements, all other points in these terms and conditions remain valid.

Kaheku schönes Wohnen GmbH
Käthe-Paulus-Str. 11+13
31137 Hildesheim
Germany
Phone: +49 (0) 5121/7540-0
Fax: +49 (0) 5121/7540-80