General terms and conditions


    1. Scope
    2. Contractual partner, formation of contract, correction facilities
    3. Contract language, saving of the contract text
    4. Delivery conditions
    5. Payment
    6. Right to cancel
    7. Retention of title
    8. Damage during delivery
    9. Warranty and guarantees
    10. Liability
    11. Code of conduct
    12. Dispute resolution
    13. Final provisions
    

1. Scope

The following General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and traders."Consumer" means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;"trader" means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.For traders the following applies: If the trader uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.

2. Contractual partner, formation of contract, correction facilities

The contract is concluded with Kenay GmbH .

The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a 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 products contained in your 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 language(s) available for concluding the contract: German, English

We save the text of the contract and forward the order data and our General Terms to you by e-mail. You may also view the text of the contract in our customer login area.

4. Delivery conditions

4.1 Delivery area 

We deliver within UK. 

4.2 Delivery costs 

In addition to the specified product prices, shipping costs are added for standard shipping. More information on the delivery costs can be found at the offers. 

4.3 Delivery options 

We ship the products to the delivery address specified in the order process. 

We only dispatch goods en route; pick up by the customer is not possible.

5. Payment

5.1  Prices 

The prices stated at the time of ordering apply. These are total prices and include statutory VAT. 

5.2 Due date and default of payment 

The price is due upon conclusion of the contract, unless a later date is specified in the following terms of payment. The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of GBP 1.50 per reminder for the second and each subsequent reminder. You reserve the right to prove that the damage incurred is lower. Further claims remain unaffected by this. The following applies to traders: In the event of late payment, we reserve the right to charge you statutory interest on arrears at a rate of nine percentage points above the base interest rate and a lump sum of GBP 40. Further claims remain unaffected by this. 

5.3 Payment methods 

The following payment methods are basically available in our online shop. 

Payment in advanceIf you select payment in advance we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds

Credit CardWith the submission of the order, you are sending us your credit card details at the same time.

Your card will be charged immediately after placing your order. 

PayPal In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. 

The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process. 

PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.  

6. Right to cancel 

You are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. 

7. Retention of title 

The products shall remain our property until full payment is made. For traders, the following applies additionally: We reserve ownership of the products 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. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.  

8. Damage during delivery

For consumers 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. 

9. Warranty and guarantees 

9.1 Liability for defects 

We are under a legal duty to supply products that are in conformity with this contract. Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. Restrictions in relation to tradres and merchants ("Kaufleute") The below mentioned limitations and reductions of time periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents  in the event of injury to life, limb or health in case of intentional or grossly negligent breach of duty as well as fraudulent intent in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the scope of a voluntary guarantee, if agreed, or within the scope of application of the Produkthaftungsgesetz (the Product Liability Act).    In relation to traders, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For traders, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected. Note to merchants ("Kaufleute" in accordance with HGB - German Commercial Code) Among merchants ("Kaufleute"), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect. 

9.2 Voluntary guarantees and customer service

Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop, if applicable.

Customer service: email: info@kenayeurope.de

10. Liability

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 deliberately or grossly negligent breach of duty• for guarantee commitments, where agreed• insofar as the scope of application of the Consumer Rights Act 2015 is open• in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited. For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.Ceteris paribus, claims for compensation for damages are excluded.

11. Code of conduct

We have submitted to the following codes of conduct: 

Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf)

12. Dispute resolution

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: Universalschlichtungsstelle des Bundes am Zentrums für Schlichtung e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/. We will participate in a dispute settlement procedure before this authority.

13. Final provisions 

If you are a trader, 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. 

Should individual clauses of these GTC be wholly or partially unenforceable, the remainder of the contract shall remain valid. If individual clauses are invalid or unenforceable, the content of the contract shall be governed by the statutory provisions. 

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Instructions on cancellation

Right to cancel You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right to cancel, you must inform us (Kenay GmbH, Joachimsthaler Str. 15/8, 10179 Berlin, Deutschland , info@kenayeurope.de, Phone: +49 30 516958998 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or an e-mail). You may use the attached model cancellation form, but it is not obligatory. 

You may also exercise your right of withdrawal online at https://kenayeurope.co.uk/. If you use this online function, we will, without delay, provide you on a durable medium (e.g. by email) with an acknowledgement of receipt containing information on the content of the withdrawal declaration as well as the date and time at which it was received.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired. Effects of cancellation  If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. 

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us or Kenay GmbH (Global24) (Oldenburger Ring 3, 02829 Markersdorf, Germany), without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

  Model cancellation form (If you want to cancel the contract, please fill out the form below and send it back to us.) —

To

Kenay GmbH (Global24)

Oldenburger Ring 3

02829 Markersdorf

Germany

info@kenayeurope.de

— I / We(*) hereby give notice that I /We(*) cancel my/our (*) contract of sale of the following goods (*)/for the supply of the following service(*) — Ordered on (*) / received on (*) — Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if this for is notified on paper) — Date  (*) Delete as appropriate