Terms and Conditions
As of April 24, 2019
§1 - Validity
1. The following terms and conditions apply on a general basis to all agreements between KURIOS ’94 Laserprodukt GmbH, acting under the name Daily Customs (hereinafter called Daily Customs) and the customer. The customer acknowledges these terms by placing an order or accepting a delivery.
2. Divergent terms and conditions expressed by the customer will be rejected. Unless Daily Customs explicitly confirms divergent terms in writing, they will not take effect.
§2 - Offer and Conclusion of Contract
1. The order placed by a customer represents a binding offer to complete a sales agreement.
2. All orders are only accepted as binding when it is confirmed in writing or by delivery with a corresponding invoice. Therefore, a mere acknowledgement of receipt of an order is not an acceptance of such order by Daily Customs.
§3 - Prices, Shipping Costs, and Return Costs
1. For the customer, prices are calculated, unless otherwise agreed, at the rates applicable on the day of delivery. All prices are in EURO and include the applicable rate of VAT, packing and shipping costs and, if necessary, a related VAT.
2. A flat shipping rate is added to each order.
Rest of the world: 10.99€
For partial shipments the flat rate fee will be charged only once.
3. If a valid right of revocation is made use of, the customer shall bear the return costs.
§4 - Shipping and Delivery
1. Provided that products are in stock and available, Daily Customs dispatches them within 1-5 business days. Shipping is carried out by dispatching the object of purchase to the address provided by the customer. Partial shipments are acceptable as long as reasonable for the customer. Unless explicitly instructed by the customer, dispatch type, dispatch route, and shipping company are determined by Daily Customs at their discretion. Daily Customs cannot guarantee anything in regards to delivery time.
2. For details about the shipping provider and respective prices, please refer to this website’s tab ‚Shipping’.
§5 - Payment Methods and Terms of Payment
1. The customer shall choose one of the provided payment methods. At the moment, these include: PayPal, credit card.
2. Our invoices are due, without any deduction, in case the invoice does not mention any other payment deadline. A payment shall only be deemed effective when the claimed amount has been credited to our bank account.
3. In case of payment delay, Daily Customs is entitled, without providing any further evidence, to charge additional interest 4% above the base interest rate. The right to claim further damages due to delayed payments is not affected in any way. This especially includes costs that accrue because of acceptance defaults or returned direct debits.
§6 - Retention of Title
1. All of Daily Customs’ goods are delivered under retention of title. They remain the property of Daily Customs until they have been fully paid for.
§7 - Right of Retention and/or Offset
1. The customer has the right of retention and/or compensation, insofar as his counterclaim has been legally ascertained, is undisputed, or has been accepted by the vendor.
2. The customer may only exercise a retention right if its counterclaim is based on the same contractual relation.
§8 - Liability and Warranty
1. Customers are asked to inspect the shipped product immediately upon delivery. Should any damages be detected, please get in touch with Daily Customs as soon as possible. This especially applies to all damages caused during the shipping process.
2. Daily Customs is not responsible for ordered products to be suitable for the customer’s intended purpose.
3. With regard to warranty claims the legal regulations apply. If the goods are new, the seller’s warranties amount to two years starting from the date of delivery. For defects of the delivered goods, Daily Customs will fulfil the warranty by rectification or replacement delivery. Should the subsequent rectification of defects or delivery of replacement fail twice, the customer can, at its discretion, withdraw from the contract or demand a reduction in payment. In the event of rectification, Daily Customs is not obliged to bear the increased costs incurred by the transport of the goods to a location other than the place of performance, if the transport does not correspond to the intended use of the goods. Only the properties provided by Daily Customs are accepted as the qualities of the goods.
4. In case an item is purchased by a business customer, the following shall apply divergently to the aforementioned: The customer is obliged to immediately inspect the delivered goods for deviations in quantity and quality. He or she shall handle the goods with all due care and inform the vendor in writing within 7 days. A timely dispatch is sufficient for adhering to the deadline. The same applies to later detected, hidden defects from the moment of discovery. In the event that the customer’s obligation to inspect and notify is violated, any assertion of warranty claims shall be excluded.
§9 - Right of Revocation
1. The customer has the right to withdraw from the contract within 14 days without stating any reasons. The revocation period of 14 days begins from the moment that the customer or a third party, other than the carrier and indicated by the customer has acquired possession of the goods. In order to execute his or her right of revocation, the customer has to inform us
Owner: Stephen R. Ostermoor, Jens-Uwe Kuschnerus
Zürnweg 21, 21217 Seevetal, Germany
through a clear statement of his decision to withdraw from the contract. A timely dispatch of aforementioned notice is sufficient for adhering to the revocation deadline.
2. When the customer withdraws from the contract, we are obliged to refund his payments, including shipping costs, immediately but latest within 14 days of arrival of his revocation notice. We will use the same payment method that the customer originally used, unless something different is agreed upon between us and the customer. We may refuse to refund the customer until the goods have arrived at our site or the customer can provide evidence that the goods have been handed over to a carrier in order to be returned.
3. The customer shall be only liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
4. The European Commission offers a platform for Online Dispute Resolution which the customer may find here: http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution in front of a consumer arbitration board.