General Terms And Conditions
GENERAL TERMS AND CONDITIONS OF
Welcome to Harmony Care!
§ 1 Scope and supplier
(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of products by Kefaia Trade International (hereinafter referred to as "Supplier") to you, in the version valid at the time of the order.
(2) Any deviating terms and conditions of the customer will be rejected.
(3) Please read these terms carefully before placing an order with Kefaia Trade International. By placing an order with Kefaia Trade International, you agree to the application of these Terms of Sale to your order.
(4) On Harmony Care we offer for sale the following products:
Diapers for adults, bed pads, wet wipes, mouth masks, hygienic hands disinfection and remnants.
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are directed exclusively to end customers with an invoice and delivery address in:
In the case of individual bulky goods, the possible delivery addresses and the place of delivery may be restricted; the restriction is shown in the respective list price.
(3) The customer must be at least 18 years old.
(4) The presentation of the goods in the online store does not constitute a legally effective offer. By presenting the goods, the customer is merely invited to make an offer.
(5) Your order represents an offer to Harmony Care to conclude a purchase contract. The customer makes a binding offer when he has gone through the online ordering process by entering the information requested there and clicks the "buy" button in the last order step.
(6) The purchase contract between the Provider and the Customer shall only be concluded upon a declaration of acceptance by the Provider. This takes place on the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The effectiveness of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the supplier. This refers both to the number of products ordered within the scope of one order and to the placement of several orders of the same product, where the individual orders comprise a quantity customary in the household.
(8) Your orders will be stored by us after the conclusion of the contract. If you lose your records of your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) You agree to receive invoices electronically. Electronic invoices will be provided to you by email or in the customer account on the website. We will notify you whether an electronic invoice is available for each shipment in the shipping confirmation. For more information about electronic invoices, please visit our website.
§ 3 Prices and shipping costs
(1) Our prices include the applicable statutory value-added tax and are understood to include a flat rate for shipping and a surcharge for shipping costs. The shipping surcharge varies depending on the type of delivery and the nature of the article.
(2) Despite our best efforts, a small number of products in our catalog may be priced incorrectly. We check prices when we process your order and before we charge payment. If a product is marked with an incorrect price and the correct price is higher than the price on the website, we will contact you before shipping the product to ask if you would like to purchase the product at the correct price or cancel the order. If the correct price of a Product is lower than the price we have quoted, we will charge the lower amount and ship the Product to you.
(3) The prices at the time of the order will apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
§ 4 Delivery and Cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address provided by the Purchaser. On the website you will find information about the availability of products sold by Harmony Care (e.g. on the respective product detail page). We would like to point out that all information on availability, shipping or delivery of a product are only prospective information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.
(2) If Harmony Care discovers during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by a message in your customer account. The legal claims of the purchaser remain unaffected.
(3) If a delivery to the customer is not possible because the delivered goods do not fit through the entrance door, front door or staircase of the customer or because the customer is not found at the delivery address provided by him, although the delivery date was announced to the customer with reasonable notice, the customer shall bear the costs for the unsuccessful delivery.
(4) Delivery shall be made according to the Customer's method of payment. In the case of advance payment, delivery shall be made after the payment order has been issued to the remitting credit institution. In case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, the delivery will be made after the conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, with regard to each shipping confirmation, a separate purchase contract is concluded between us for the products listed in the respective shipping confirmation. The contracting party is Kefaia Trade International. Notwithstanding your right of cancellation, you may cancel your order for a product free of charge at any time before we send you the corresponding shipping confirmation.
§ 5 Payment
(1) The customer can pay for the goods by the following methods of payment:
Immediate bank transfer
(2) Certain payment methods can be excluded by the provider in individual cases.
(3) The customer is not allowed to pay the goods by sending cash or checks.
(4) Should the Customer choose an online payment method, the Customer thereby authorizes the Provider to collect the amounts due at the time of the order.
(5) If the Provider offers payment in advance and the Customer chooses this payment method, the Customer shall transfer the invoice amount to the Provider's account within five calendar days after receipt of the order. The provider reserves the goods accordingly for five calendar days.
(6) If the Provider offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorizes the Provider to collect the amounts due after shipment of partial deliveries or deliveries of goods.
(7) If the Provider offers payment by direct debit and the Customer chooses this payment method, the Customer shall grant the Provider a SEPA basic mandate. If a payment transaction is reversed due to a lack of funds in the account or due to incorrectly transmitted bank details, the Customer shall bear the costs.
(8) If the Provider offers payment in advance and the Customer chooses this method of payment, the Customer undertakes to settle the invoice amount within 14 days after the dispatch of the goods, without any deduction of discount.
(9) If the customer is in default of payment, the supplier reserves the right to claim damages for default.
§ 6 Offsetting and right of retention
(1) The Customer shall only have the right of set-off if the Customer's counterclaim has been legally established or has not been disputed by the Provider.
(2) The customer may exercise a right of retention only if your counterclaim is based on the same contractual relationship.
§ 7 Retention of title
Kefaia Trade International retains ownership of the goods until full payment.
§ 8 Damage in transit
(1) If the customer receives the goods with obvious transport damages, the supplier asks him to complain as soon as possible.
(2) If the customer fails to make a complaint, this has no consequences for the legal warranty rights. The purpose of the complaint is to enable the provider to assert his own claims against the carrier.
§ 9 Right of Defect
(1) If the purchaser is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from the date of delivery of the goods and may demand the repair or replacement of products purchased on Harmony Care if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect shall be remedied by new delivery or new performance.
§ 10 Limitation of Liability (Products)
(1) The Provider shall be liable for claims for damages of the Customer arising from injury to life, body, health or from the breach of essential contractual obligations, as well as for other damages based on their 6/11 intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the Provider.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the goal of the contract.
(3) The Provider shall be liable for breaches of essential contractual obligations based on foreseeable damage typical for the contract, provided that the damage was caused by simple negligence. This limitation shall not apply to claims for damages of the Customer based on injury to life, body or health.
(4) The provisions of the Product Liability Act shall remain unaffected.
(5) As far as the liability of Harmony Care is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 11 Cancellation policy
(1) If the purchaser is a consumer, he has a right of revocation according to the following provisions:
(2) Right of revocation
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several partial shipments or pieces) without giving reasons.
To exercise your right of withdrawal, you must contact us:
Kefaia Trade International
Kefaia Trade International (Sales warehouse)
Phone: +49 2241 148 7766
Fax: +49 2241 148 7767
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the model withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period and that you have returned the goods via our online return center within the period defined below.
For additional information regarding the scope, content and explanations of the exercise, please contact our customer service department
(3) Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods without undue delay and in any event no later than 14 days from the day on which you notify us of the cancellation of this contract,
to Haytam Ibdah
Kefaia Trade International (Sales Warehouse)
or to hand over the goods. The deadline is met if you send the goods before the deadline of 14 days. You bear the direct costs of the 8/11 return of the goods.
(4) Exceptions to the right of withdrawal
You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
The right of withdrawal does not exist or expires for the following contracts:
for the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;
for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
for the delivery of goods that can spoil quickly or whose expiration date would be exceeded quickly; for services, if Harmony Care has provided them completely and you have noted and expressly agreed before the order that we can start providing the service and you lose your right of withdrawal upon complete fulfillment of the contract;
for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; and
for the delivery of alcoholic beverages, the price of which was agreed upon at the conclusion of the purchase contract, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
§ 12 Exclusion of the right of withdrawal
(1) The right of revocation shall not apply to contracts
for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
9/11 for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
(2) The right of withdrawal expires prematurely in the case of contracts
for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
§ 13 Data protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.
(4) You have the right to receive complete and free information from Harmony Care about the data concerning you at any time.
(5) Furthermore, there is a right to rectification/deletion of data/restriction of processing for the user.
§ 14 Cookies
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for this purpose a banner is available to which you can object/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or already stored cookies are deleted again. The instructions regarding the prevention as well as deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 15 Place of jurisdiction and applicable law
(1) The law of the Federal Republic of Germany shall apply exclusively to disagreements and disputes arising from this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is the registered office of the Provider.
§ 16 Final Provisions
(1) Contract language is German. 11/11
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use Harmony Care only with the involvement of a parent or guardian.
(3) If you breach these Terms and Conditions and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale.
(4) We reserve the right to make changes to our website, rules and regulations, terms and conditions, including these Terms and Conditions at any time. Your order will be governed by the terms and conditions of sale, terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or government order (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of any provision shall not affect the validity of the other provisions under the contract. Should this occur, the provision shall be replaced by another legally permissible provision in accordance with its meaning and purpose, which corresponds to the meaning and purpose of the invalid provision.