Terms of service

General Terms and Conditions (GTC) of Kemberly GmbH
1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all contracts concluded between Kemberly GmbH, represented by Managing Director Wehbi Bazi, Adlerweg 45, 33335 Gütersloh, Germany (hereinafter referred to as the "Seller"), and consumers within the meaning of §13 of the German Civil Code (BGB) as well as entrepreneurs within the meaning of §14 BGB (hereinafter referred to as the "Customer") for the sale of goods via the online shop at www.kemberly.de.
1.2 Deviating terms and conditions of the Customer are not recognized unless the Seller has expressly agreed to their validity in writing.

2. Conclusion of Contract
2.1 The presentation of products in the online shop does not constitute a legally binding offer but an invitation to submit an order.
2.2 By clicking the “Buy Now” button, the Customer submits a binding offer to conclude a purchase contract. The Seller will confirm receipt of the order immediately by e-mail.
2.3 The contract is concluded upon dispatch confirmation or delivery of the ordered goods.

3. Contract Language and Storage of Contract Text
3.1 The contract language is German.
3.2 The contract text is stored. After completion of the order, the Customer receives an e-mail containing the order details and these GTC. Previous orders can be viewed in the Customer’s account.

4. Prices, Payment Methods, and Payment Terms
4.1 All prices are final prices in euros and include the applicable statutory VAT. Shipping costs are charged separately and displayed during the ordering process.
4.2 Payment can be made using the following methods: Shopify Payments (Credit Card: Visa, MasterCard, American Express), Apple Pay, Google Pay, PayPal, Klarna Instant Transfer (SOFORT), or Prepayment/Bank Transfer.
4.3 For prepayment/bank transfer, the Seller will provide the bank details in the order confirmation. The invoice amount must be transferred within 5 business days after conclusion of the contract.
4.4 When paying via PayPal or Klarna, payment is processed immediately after order submission.
4.5 When paying via Shopify Payments, the terms of Shopify Payments and the conditions of the respective payment providers apply.
4.6 The Customer may only offset claims that are legally established, undisputed, or acknowledged by the Seller.
4.7 The Customer will be in default of payment if payment is not received within 14 days of the due date and receipt of the invoice. During the delay, the purchase price shall bear the statutory interest rate on arrears.

5. Delivery and Shipping Conditions
5.1 Delivery is made exclusively by mail via Deutsche Post AG or DHL Paket GmbH to the delivery address specified by the Customer.
5.2 Self-collection of goods is excluded.
5.3 Shipping Costs and Delivery Times:
Germany: €4.99 shipping fee for orders up to €49.99, free shipping from €50.00, delivery time 1–3 business days.
European Union (EU): €11.99 shipping fee for orders up to €99.99, free shipping from €100.00, delivery time 2–6 business days.
Norway, Switzerland, United Kingdom: €19.99 shipping fee for orders up to €149.99, free shipping from €150.00, delivery time 4–8 business days.
Rest of the World (e.g. Canada, Israel, United Arab Emirates): €29.99 shipping fee for orders up to €249.99, free shipping from €250.00, delivery time 5–15 business days.
5.4 Delivery: The delivery is made to the address provided by the Customer. The Customer must ensure that the address is complete and correct and that delivery is possible (e.g. name on mailbox or doorbell).
5.5 Failed Delivery: If delivery cannot be completed due to incorrect, incomplete, or undeliverable address details (e.g. missing name identification), the Customer shall bear the resulting costs, including the cost of return shipping and reshipment.
5.6 Additional information on shipping, import duties, and customs fees for international deliveries can be found in our Shipping Policy.

6. Import Duties and Customs for Deliveries Outside the EU
For deliveries outside the European Union, additional costs may apply, such as customs duties, import VAT, or handling fees, which must be borne by the Customer. These costs are not included in the purchase price or shipping costs. For more details, please contact your local customs authority.

7. Retention of Title
The delivered goods remain the property of the Seller until full payment has been received.

8. Right of Withdrawal
8.1 Consumers generally have a right of withdrawal. Details are set out in our separate Withdrawal Policy.
8.2 The right of withdrawal does not apply to entrepreneurs within the meaning of §14 BGB.
8.3 For contracts with entrepreneurs, withdrawal or return rights are expressly excluded. Returns will only be accepted in the event of justified defects under statutory warranty provisions (§9).
Note: For sealed goods that are unsuitable for return for health or hygiene reasons, the right of withdrawal expires once the seal is removed.
Withdrawal declarations must be made exclusively in writing by post to the following address:
Kemberly GmbH, Adlerweg 45, 33335 Gütersloh, Germany

9. Warranty and Liability
9.1 The statutory warranty provisions apply.
9.2 The Seller is fully liable for damages resulting from injury to life, body, or health, as well as in cases of intent or gross negligence.
9.3 In the case of slight negligence, liability is limited to foreseeable, contract-typical damages.

10. Applicable Law and Jurisdiction
10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 If the Customer is a merchant, legal entity under public law, or special fund under public law, the Seller’s place of business shall be the exclusive place of jurisdiction.

11. Severability Clause
If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall remain unaffected.

12. Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. Notice for Entrepreneurs (B2B)
13.1 By placing an order, the Customer confirms that they are acting as an entrepreneur within the meaning of §14 BGB, if the order is placed within their business or self-employed activity.
13.2 For B2B orders, the statutory right of withdrawal is excluded (see Section 8). Goods can only be returned in the event of proven defects under the statutory warranty obligation.
13.3 Entrepreneurs must report any visible defects in writing within 5 business days of receiving the goods.