General terms and conditions with customer information

table of contents

1. scope
2. conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. retention of title
7. Liability for defects (warranty)
8. Applicable Law
9. place of jurisdiction
10. Alternative Dispute Resolution

1) Scope

1.1  These Terms and Conditions (hereinafter "GTC") of Bali Kitchen (hereinafter "Seller") shall apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with respect to the goods presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

1.2A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing his order.

If there are several of the above alternatives, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 When selecting the payment method “PayPal Express”, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. Et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal Terms of Use, available athttps://www.paypal.com/de/webapps/mpp/ua/useragreement-fullOr-if the customer does not have a PayPal account-subject to the conditions for payments without a PayPal account, available athttps://www.paypal.com/de/webapps/mpp/ua/privacywax-full.If the customer selects “PayPal Express” as the payment method in the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.

2.5When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. email) after the order has been sent. e-mail, fax or letter). The seller does not make the contract text accessible beyond this.

2.6Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.7Only the German language is available for the conclusion of the contract.

2.8The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3) Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.

3.2Further information on the right of withdrawal can be found in the seller's cancellation policy.

3.3The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes. Taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3The payment option(s) will be communicated to the customer in the seller's online shop.

4.4If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 In the case of payment by means of a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. Et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available athttps://www.paypal.com/de/webapps/mpp/ua/useragreement-fullOr-if the customer does not have a PayPal account-subject to the conditions for payments without a PayPal account, available athttps://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6If you select the "SOFORT" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. More detailed information on the payment method “IMMEDIATELY” can be found on the Internet athttps://www.klarna.com/sofort/Retrieve.

4.7 If a payment method is offered via the Shopify Payments payment service, payment is processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter “Shopify”). The individual payment methods offered via Shopify are communicated to the customer in the seller's online shop. Shopify may use other payment services to process payments, for which special terms of payment apply, to which the customer may is pointed out separately. Further information on "Shopify Payments" is available on the Internet athttps://www.shopify.de/paymentsAvailable.

5) Delivery and shipping conditions

5.1Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

6) Retention of title

If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1If the purchased item is defective, the statutory liability for defects applies.

7.2Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, reducing the liability period to one year does not apply

• for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• for claims for damages and reimbursement of expenses by the customer, as well as
• in the event that the seller has fraudulently concealed the defect.

7.3The customer is asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

8) Applicable law

8.1The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

8.2Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

9) Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.

10) Alternative dispute resolution

10.1 The EU Commission provides the Internet under the following link to a platform and online street distribution:https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

10.2The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.