Terms and Conditions
- 1 General information, customer base, language
(1) All offers, purchase agreements and deliveries based on orders from our customers via our online shop or otherwise are subject to these General Terms and Conditions.
(2) The product range in our online shop is aimed at both consumers and businesses. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who enters into a contract for purposes that are predominantly neither commercial nor related to their independent professional activity (Section 13 of the German Civil Code – BGB) and (ii) a business is a natural or legal person or a partnership with legal capacity that, when entering into a contract, is acting in the course of its commercial or independent professional activity (Section 14 Paragraph 1 BGB).
(3) The customer's terms and conditions shall not apply, even if we do not expressly object to their validity in individual cases.
(4) Contracts with the customer shall be concluded in German.
- 2. Conclusion of the contract
(1) Our offers in the online shop are non-binding.
(2) The customer can select products from our range and add them to a virtual shopping cart by clicking the "Add to cart" button. To proceed with the order, the customer clicks the "Checkout" button. There, they can enter their personal data and select a shipping and payment method. By clicking the "Buy" button, they submit a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can review the data at any time (the browser's zoom function may be helpful for this) and modify it by entering the relevant information. However, the order can only be submitted if the customer accepts these terms and conditions and privacy policy by ticking the corresponding box, thereby incorporating them into their order.
(3) The provider will then send the customer an automatic confirmation of receipt by email, which lists the customer's order again and which the customer can print using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by us and does not constitute acceptance of the offer. The contract is only concluded upon our declaration of acceptance. A declaration of acceptance will be made within 5 days, either
- with a separate email (order confirmation) that is sent to the customer, or
- by delivering the goods to the customer or
- through a payment request;
If several alternatives are met, the earlier date is decisive.
At the latest upon delivery of the goods, the contract text (consisting of the order, terms and conditions, and order confirmation) will be sent to the customer by us on a durable medium (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.
- 3. Delivery, product availability
(1) Delivery times stated by us are calculated from the date of our order confirmation, provided that the purchase price has been paid in advance. Unless a different delivery time is specified for the respective goods in our online shop, it is up to 32 working days.
(2) If no copies of the product selected by the customer are available at the time of the order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing an acceptance of the order. In this case, no contract shall be concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.
(4) Additional costs may be incurred in individual cases for all deliveries, which are beyond the seller's control and must be borne by the customer. These include costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees). In addition to the shipping costs, customs duties or import VAT may also apply in some cases, as the goods are shipped from outside the EU. Whether customs duties apply to a product can be determined by contacting our customer support at info@kernwalder.com. Please clarify before ordering. Customs duties and import VAT are not covered by us and must be paid by the buyer. Our goods are always shipped duty and tax unpaid.
- 4. Prices and payment terms
(1) Our prices do not include shipping costs.
(2) Unless expressly agreed otherwise, we only deliver against prepayment. Payment options include bank transfer, payment with Visa, Mastercard and American Express, as well as via the payment service providers PayPal and SOFORT.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by calendar date, the customer is in default upon missing the deadline. In this case, the customer must pay the supplier default interest at a rate of 5 percentage points above the base interest rate per annum. The customer's obligation to pay default interest does not preclude the supplier from claiming further damages for default.
(4) All prices listed on the website saphina.de are final prices excluding statutory VAT – always excluding customs duties and taxes . Any additional delivery and shipping costs will be stated separately in the respective product description.
- 5 Shipping
The goods will be shipped via postal service. The seller bears the shipping risk if the customer is a consumer. Should the consumer be responsible for a failed delivery, the seller may charge a reasonable processing fee to compensate for the additional costs of the return shipment.
In addition to shipping costs, customs duties or import VAT may occasionally apply, as the goods are shipped from outside the EU. To find out if customs duties apply to a product, please contact our customer support at info@kernwalder.com Please clarify before ordering. Customs duties and import VAT are not covered by us and must be paid by the buyer. Our goods are always shipped duty and tax unpaid.
- 6 Warranty
(1) We are liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
(2) An additional guarantee exists only if it has been expressly stated in the order confirmation for the respective item.
(3) Consumers are requested to report any obvious transport damage to the delivery person and to inform the supplier; failure to do so will not affect the buyer's contractual and statutory rights. The following applies only to businesses: The customer must carefully inspect the goods immediately upon delivery. The delivered goods are deemed accepted by the customer unless a defect is reported to us (i) in the case of obvious defects, within five working days of delivery, or (ii) otherwise, within five working days of discovery of the defect. Unless otherwise agreed, the warranty period is one year from delivery.
- 7 Liability
(1) The customer's claims for damages are excluded. This exclusion does not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for this type of contract if this damage was caused by simple negligence, unless the customer's claims for damages arise from injury to life, body or health.
(3) The foregoing exclusions and limitations of liability shall apply to the same extent in favor of our officers, legal representatives, employees and other agents.
(4) The limitations of this Section 7 do not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods. The same applies if the supplier and the customer have reached an agreement regarding the quality of the goods. The provisions of the Product Liability Act remain unaffected.
- 8 Right of withdrawal
(1) Consumers generally have a statutory right of withdrawal when concluding a distance contract, about which the provider informs them in accordance with the statutory model below. A withdrawal form can be found in paragraph (2).
- 9 Data protection
(1) Below, we inform you about the collection of personal data during business transactions. Personal data is any data that can be related to you personally, such as your name, address, email addresses, payment details, and ordered goods. The controller pursuant to Article 4(7) GDPR is [Company Name].
Grow Scale Limited
RM03, 24/F, HO KING COMM CTR,
2-16 FAYUEN ST, MONG KOK
HONG KONG (China)
Registration number: 79153424
Managing Director: Leah May Torrevillas
Telephone: +1 262 240 6647 (no customer service)
Email: info@kernwalder.com
(2) We collect, store, and, if necessary, transfer your data to the extent required to fulfill our contractual obligations. This collection, storage, and transfer is therefore carried out for the purpose of fulfilling the contract and on the basis of Article 6(1)(b) GDPR . Failure to provide this data may result in the contract not being concluded. When we deliver goods to you, we transfer your data to the shipping company commissioned to us, insofar as this is necessary for delivery. Shipping originates from China, meaning we use external service providers that are not based in the European Economic Area . There is no adequacy decision by the Commission pursuant to Article 45(3 ) GDPR , nor has any guarantee been given within the meaning of Article 46 GDPR. The transfer is based on Article 49 GDPR. These service providers have been carefully selected by us, commissioned in writing , and are bound by our instructions. They are regularly monitored by us. The service providers will not pass this data on to third parties, but will delete it after fulfillment of the contract and the expiry of statutory retention periods, unless you have consented to further storage.
(3) We maintain up-to-date technical measures to ensure the protection of personal data. These are continuously adapted to the current state of the art.
(4) You have the right to request information from us at any time about the personal data we hold about you (Art. 15 GDPR). This also includes the recipients or categories of recipients to whom this data is disclosed and the purpose of the storage. Furthermore, you have the right, under the conditions of Art. 16 GDPR, to request rectification and/or, under the conditions of Art. 17 GDPR, to request erasure and/or, under the conditions of Art. 18 GDPR, to request restriction of processing. You can also request data portability at any time under the conditions of Art. 20 GDPR. Personal data will only be stored for as long as it is necessary to achieve the respective purpose (this generally corresponds to the duration of the contract) or as required by statutory retention periods.
In the case of processing personal data for the performance of tasks carried out in the public interest ( Art. 6 para. 1 sentence 1 lit. e GDPR ) or for the purposes of legitimate interests ( Pursuant to Article 6(1)(f ) of the GDPR, you may object to the processing of your personal data at any time with effect for the future. In the event of an objection, we will cease all further processing of your data for the aforementioned purposes, unless...
– there are compelling legitimate grounds for the processing which override your interests, rights and freedoms, or
– the processing is necessary for the establishment, exercise or defense of legal claims.
You can object to the use of your data for direct marketing purposes at any time with effect for the future; this also applies to profiling insofar as it is related to direct marketing. In the event of an objection, we will cease all further processing of your data for direct marketing purposes.
(5) We reserve the right to transmit the customer's personal data to credit agencies to the extent necessary for the purpose of a credit check, provided that the customer expressly consents to this in each individual case. We will not otherwise disclose personal customer data to third parties without the customer's express consent, except where we are legally obligated to do so.
(6) Your payment details will be transmitted to the relevant payment service provider, depending on the payment method you have selected. The payment service provider is responsible for your payment details. Information, in particular regarding the responsible entity of the payment service provider, the contact details of the data protection officer of the payment service provider, and the categories of personal data processed by the payment service provider, can be found at the following web address:
When paying by Paypal (PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg): https://www.paypal.com/de/webapps/mpp/ua/privacy-full
For payments via instant bank transfer: Klarna Bank AB (publ) Sveavägen 46 111 34 Stockholm Sweden: https://www.klarna.com/sofort/datenschutz/
(7) We are not permitted to collect, transmit or otherwise process the customer's personal data for purposes other than those specified in this Section 9.
(8) Please address all requests for information, inquiries, revocations, or objections regarding data processing to the contact details provided in paragraph 1. For further information, please refer to the full text of the GDPR, which is available online at https://dejure.org/gesetze/DSGVO is available and our privacy policy, which can be viewed online at [Link]. Furthermore, you have the option of lodging a complaint with the relevant supervisory authority regarding data protection matters.
- 10 Applicable Law and Jurisdiction
(1) The purchase agreement between us and the customer is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has his or her habitual residence, remain unaffected.
(2) If the customer is a merchant within the meaning of Section 1 Paragraph 1 of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the courts with jurisdiction over Willingshausen shall have exclusive jurisdiction for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, we or the customer may bring an action before any court of competent jurisdiction under applicable law.
