Terms and Conditions
The following Terms and Conditions apply to all orders placed via our online shop.
These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract
The contract is concluded with Kalango GmbH.
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The languages available for contract formation are German, English, French, Spanish and Portuguese.
We save the text of the contract and forward the order data and our Terms and Conditions to you by e-mail. You may also view the text of the contract in our customer login area.
4. Delivery conditions
Delivery costs may be added to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.
You are entitled to collect your order from Kalango GmbH Lager, Fraundorf 9a, 84335 Mitterskirchen, Germany during the following hours of business: Customer visits 14:00 - 16:00, by appointment.
The following payment methods are basically available in our online shop.
Payment in advance please find our bank details on your order confirmation;
Your order will be shipped after the payment is confirmed by our bank. The amount is payable within 10 days after contract conclusion, after that, the reservation will expire and the order will be cancelled.
PayPal, PayPal Express
you will be directed to PayPal directly after placing your order and can then pay through your registered PayPal account
your credit card will be charged directly after you confirm your order
The settlement of the website via credit card takes place:
Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin
Stripe Payments UK, Ltd., 7th Floor, The Bower Warehouse, 211 Old Street, London EC1V 9NR, United Kingdom (“SPUKL”)
by Invoice (only applicable for customers in Germany)
payable within 14 days upon receipt of goods.
SOFORT by Klarna (via Stripe)
Simple and direct payment.
Pay for your purchase directly after completion of the order with your usual online banking data - simply secure, simply smoooth.
More information about SOFORT can be found here on the official homepage https://www.klarna.com/sofort/.
iDeal, for customers from the Netherlands (via Stripe)
With iDEAL you can make online payments in a reliable, secure and easy way. Payments are made via the Mobile Banking App or the online banking environment of your own bank.
More information about iDEAL can be found here on the official homepage https://www.ideal.nl/en/consumers/what-is-ideal/
or at your bank.
Cash payment on collection
You pay the invoice amount in cash on collection.
6. Right to cancel
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
7. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
8. Damage during delivery
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
9. Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
Customer service: You can reach our customer service for questions and complaints on weekdays from 10:00 to 18:00 clock under the telephone number +49 (0) 8572 - 96 35 71.
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
11. Code of conduct
We have submitted to the following codes of conduct:
- Trusted Shops quality criteria
- http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_en.pdf
12. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, Germany, http://www.verbraucher-schlichter.de We will participate in a dispute settlement procedure before this authority.
13. Protection of minors
Insofar as your order is comprised of goods, whose sale is subject to age restrictions, through the use of a reliable procedure, including a personal identity and age check, we shall ensure that the purchaser has reached the required minimum age. The deliverer shall only hand over the goods after an age check and only to the purchaser in person.
14. Final provisions
If you are a business, German law applies, to the exclusion of the UN Sales Convention.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.