Terms of service
General Terms and Conditions of Kimex GmbH
Kimex GmbH, Dickenhoopsweg 10, 31535 Neustadt am Rübenberge
§ 1 Scope, Customer Information
The following General Terms and Conditions govern the contractual relationship between Kimex GmbH and the consumers and entrepreneurs who purchase goods through our shop. Contradictory or deviating conditions of the entrepreneur will not be recognised by us. These AGB also include customer information according to the BGB Information Regulation. The contract language is German.
§ 2 Conclusion of Contract
(1) The offers on the internet represent a non-binding invitation for you to purchase goods.
(2) After entering your data and clicking the order button, you submit a binding offer to conclude a purchase contract. You can also place a binding order by telephone or via fax. The immediate confirmation of receipt of your order by email or fax does not yet constitute acceptance of the purchase offer.
(3) We are entitled to accept your offer within 1 day by sending an order confirmation via email. After the unsuccessful expiry of the deadline mentioned in sentence 1, your offer is deemed rejected, meaning you are no longer bound by your offer. In the case of a telephone order, the purchase contract is concluded if we immediately accept your offer. If the offer is not accepted immediately, you are also no longer bound by it.
§ 3 Customer Information: Storage of Contract Text
The contract text containing details about the article will be stored by us. You do not have access to the contract text via the internet.
§ 4 Customer Information: Correction Notice
You can correct your entries at any time before placing your order. We will inform you of your correction options during the ordering process.
§ 5 Return Shipping Costs in the Event of Withdrawal
The refund of the purchase price will be processed within thirty days after the return. Condition: the goods must be in perfect condition, including all undamaged packaging materials and parts, and must be returned to Kimex GmbH within 14 days. Customers are kindly requested to provide their account details (IBAN and SWIFT code for international customers) as per the return form. The return shipping costs will be covered by Kimex GmbH. You can request a free return label for this. Returns sent without postage will not be accepted by Kimex GmbH and will be returned to the sender immediately. For returns outside the EU, however, the return shipping costs must be covered by the customer. Additionally, we never cover the return shipping costs for retailers.
§ 6 Retention of Title
The purchased item remains our property until full payment has been received.
§ 7 Statute of Limitations for Warranty Claims
(1) Warranty for Consumers in the Case of Used Goods
Your warranty claims for defects in used goods expire one year after delivery of the sold item to you. This regulation excludes claims for damages, claims for defects that we have fraudulently concealed, and claims from a warranty that we have assumed for the quality of the item. The statutory limitation periods apply to these excluded claims.
(2) Warranty for Entrepreneurs
Your warranty claims for defects in the purchased item expire one year after the transfer of risk. This regulation excludes claims for damages, claims for defects that we have fraudulently concealed, and claims from a warranty that we have assumed for the quality of the item. Claims under § 478 BGB are also excluded. The statutory limitation periods apply to these excluded claims.
§ 8 Product Note Leather/Saddles
Leather is a natural product and is therefore subject to variations in grain, wrinkles, and thickness. Naturally occurring changes due to the use of the elastic material, such as deformation of the leather or padding material from heat, force, and moisture, do not constitute defects but are inherent properties of the leather. Riding generates friction and pressure, which can wear off the colour. For environmental protection reasons, leather can no longer be dyed through. Therefore, worn colour is not a defect in the leather. Variations in shade and colour are unavoidable with natural materials, and as the colour changes unevenly through use, this must be accepted as a natural component of the material. The padding of the saddle changes with use and must therefore be checked and renewed if necessary. Changes in the rider, riding style, or the horse's body cannot guarantee a long-term fit. Therefore, it is solely the customer's responsibility to recognise and prevent these changes in fit in a timely manner. The customer or rider is fully responsible for any health disadvantages for the horse resulting from changes in fit. Any liability on the part of the seller for health damage to the horse or rider is hereby excluded.
§ 9 Limitation of Liability
We exclude liability for slight negligent breaches of duty, provided they do not involve essential contractual obligations, damages from injury to life, body, or health, or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations particularly include the duty to deliver the item to you and to transfer ownership of it to you. Furthermore, we are obliged to provide the item free of material and legal defects.