1.1 The following General Terms and Conditions (GTCs) shall apply to all contracts, deliveries and other services of Kudamono GmbH, Haynstrasse 20, 20249 Hamburg (hereinafter referred to as “Kudamono”), provided to its customers. The version of the GTCs that is valid at the time of order shall always apply.
1.2 Differing provisions of the customer shall be hereby rejected. Kudamono only acknowledges differing provisions, if they are expressly agreed upon in writing. In any case, agreements concluded in individual cases with the customer (including ancillary agreements, supplements and modifications) shall take precedence over these Terms and Conditions.
1.3 The business relationships between Kudamono and its customers are subject to the law of the Federal Republic of Germany, with the exclusion of the UN sales law. The place of jurisdiction is the registered office of Kudamono, if the customer is a trader or a legal person under public law, or a special fund under public law.
1.4 The German-language version of these General Terms and Conditions shall always be decisive.
1.5 The contract language is German. The contract text will be stored after the conclusion of contract by Kudamono, but will not be accessible to the customer.
1.6. Consumers will have the opportunity to use an alternative dispute resolution method. The following link from the EU Commission (also called the ODR platform) contains information about online dispute resolution and serves as a central starting point for the extrajudicial resolution of disputes that originate from online purchase agreements or online service agreements: ec.europa.eu/consumers/odr.
§2 Contract content and conclusion of contract
2.1 Kudamono offers its customers the opportunity to order and purchase different products from the area of equestrian sport, in particular equestrian clothing, via the website www.kudamono-company.com. Verbal orders are not possible. All offers of Kudamono are non-binding. Deviations from and technical changes to images or descriptions are possible.
2.2 The contract shall be concluded with the acceptance of the order by Kudamono. Before the binding submission of an order, the customer may correct all details continuously using the customary keyboard and mouse functions. Moreover, before the binding submission of an order, all details will be displayed once more in a confirmation window, where they can also be corrected using the customary keyboard and mouse functions. Customers will receive a confirmation email from Kudamono about the receipt and acceptance of their orders.
2.4 Upon order confirmation, Kudamono sends the customer the contract text and these General Terms and Conditions.
§3 Prices and payment
3.1 The prices indicated on the website www.kudamono-company.com at the time of order shall apply. These prices include statutory VAT, but are plus postage and packaging costs.
3.2 The payment of the purchase price and the postage and packaging costs by the customer shall be carried out by credit card, PayPal or advance payment. The goods will be sent to the customer after the receipt of payment.
§4 Delivery and transfer of risk
4.1 The ordered goods will be delivered to the address indicated by the customer, unless contractually agreed otherwise. Kudamono reserves the right to carry out a partial delivery, if this appears beneficial for quick processing and is not unreasonable. Special shipping methods requested by the customer shall be charged separately by arrangement.
4.2 The delivery times are stated in the item descriptions. In the event that the non-observance of a delivery or service deadline is due to force majeure, industrial action, unforeseeable hindrances or other circumstances for which Kudamono is not responsible, the deadline will be extended appropriately.
4.3 Kudamono reserves the right to free itself from the obligation to fulfil the provisions of the contract, if the goods are to be delivered by a supplier on the day of dispatch and the delivery does not occur, either in whole or in part. This self-indemnification reservation shall only apply, if Kudamono is not responsible for the delivery’s failure to materialize. Kudamono will not be responsible for the failure of the performance, if a so-called congruent hedging transaction for the fulfilment of the contractual obligations has been concluded with the supplier in a timely manner. If the goods are not delivered, Kudamono shall inform the customer promptly about this circumstance and reimburse the purchase price.
4.4 If the customer is a consumer, the risk in accordance with Sec. 446 BGB [“Bürgerliches Gesetzbuch”: German Civil Code] shall be transferred to the customer upon the handover of the purchased item. In all other cases, the risk in accordance with Sec. 447 BGB shall be transferred to the customer upon the handover of the goods to the transport company.
§5 Retention of title, right of retention
5.1 Until all requirements of this contract are fulfilled, the supplied goods will remain the property of Kudamono; and in the event that the customer is a legal person under public law, a special fund under public law or a business in the exercise of its commercial or self-employed professional activity, further to the current business relationship until the settlement of all claims Kudamono shall be entitled to this right in connection with this contract.
5.2 The customer shall only be authorized to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
§6 Liability for defects
6.1 If defects such as production errors or damage are present, the customer shall be entitled to the statutory guarantee rights in accordance with the following provisions. Disliking an item does not constitute a defect that would entitle the customer to assert guarantee rights. In the latter case, a guarantee will not be provided by Kudamono.
6.2 The customer may only claim for defects in supplied goods, as well as incorrect quantities or incorrect deliveries, if the customer lodges a complaint to Kudamono within the statutory guarantee period of 2 years. If traders only are involved in the contract, Sec. 377 et seq. HGB [“Handelsgesetzbuch”: German Commercial Code] shall also apply. If defects exist and they are asserted in due time, Kudamono is entitled to provide supplementary performance. Should the supplementary performance fail, the customer will be entitled to reduce the purchase price or withdraw from the contract. Otherwise, the statutory provisions apply with regards to the guarantee.
7.1 Beyond the liability for material defects and legal deficiencies, Kudamono is liable without limitation, if the cause of damage is based on intent or gross negligence. Kudamono is also liable for the slightly negligent violation of essential obligations (obligations of which the violation jeopardizes the fulfilment of the purpose of the contract) and for the violation of major obligations (obligations of which the fulfilment enables the proper execution of the contract in the first place and the adherence of which the customer regularly trusts in), but in each case only for foreseeable damages that are typical of the contract. Kudamono shall not be liable for the slightly negligent violation of obligations other than the above.
7.2 The limitations of liability of above section shall not apply in the event of death, physical injury or damage to health, for a defect after the acceptance of a guarantee for the quality of the product and in the event of a malicious non-disclosure of defects. The liability in accordance with product liability legislation shall remain unaffected.
7.3 If the liability of Kudamono is excluded or limited, this shall also apply for the personal liability of its employees, representatives and vicarious agents.
§8 Data protection
8.1 The customer is aware and consents to the fact that personal details necessary for the processing of the order will be stored by Kudamono in data carriers. The customer expressly agrees to the collection, processing and use of its personal details. The personal details stored will, of course, be treated as confidential by Kudamono. The collection, processing and use of the customer’s personal details will be carried out in consideration of our data protection statement and the BDSG [“Bundesdatenschutzgesetz”: Federal Data Protection Act] and the TMG [“Telemediengesetz”: Telemedia Act].
8.2 The customer has a right to revoke its permission at any time with future effect. In this case, Kudamono will be obliged to delete the personal details of the customer immediately. For ongoing order processes, the deletion shall be carried out after the completion of the order process.
You have the right to cancel this contract within fourteen days without stating reasons.
The cancellation deadline will be fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
In order to exercise your cancellation right, you must inform us, Kudamono GmbH, Haynstr. 20, 20249 Hamburg, Tel.: +49 40 638 600 38, , in a clear statement (e.g. a letter sent in the post, by fax or via email) about your decision to withdraw from this contract. For this purpose, you can use the attached cancellation template form, but this is not mandatory.
For the observation of the cancellation deadline, it shall be sufficient for you to send off the notification of the execution of the cancellation right before the expiry of the termination period.
Consequences of cancellation
If you withdraw from this contract, we shall pay back all payments that we have received from you, including the delivery costs (with the exception of additional costs that result from selecting a method of delivery different to the most cost-efficient standard delivery offered by us), promptly and within fourteen days at the latest from the day we receive the notification of cancellation of this contract. For this payment, we will use the same method of payment used for the original transaction, unless otherwise expressly agreed upon; in every case we will not charge for this repayment. We may deny the repayment until we have received the goods back again or until evidence has been provided that the goods had been sent back – depending on which is the earlier point in time.
Goods are to be sent back or handed over immediately and in any case within fourteen days at the latest from the day on which we are informed about the cancellation of this contract, to Kudamono GmbH, Beuerberg 2, 83083 Riedering. The deadline will be observed if the goods are sent before the expiry of the time period of fourteen days. You shall bear the direct costs of sending back the goods.
You must only pay for any loss of value of the goods if this loss of value can be traced back to handling of the goods that was not necessary for the testing of their condition, features and functions.
(if you want to cancel the contract, please fill in this form and send it back to us.)
- Kudamono GmbH, Warenlager, Beuerberg 2, 83083 Riedering,
- I/we (*) hereby cancel the contract concluded by me/us (*) regarding the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer (for notification on paper only)
(*) Delete as applicable.