Grünberger Str. 17
Phone: +49 30 2023 7260
VAT Identification Number (VATIN): DE274391446
The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
General terms and conditions (AGB) with customer information
1. Scope of application
These terms and conditions apply to all contracts that a consumer or entrepreneur (“customer”) concludes with us via our online shop. Conflicting or supplementary general terms and conditions of entrepreneurs are hereby contradicted.
2. Contracting party
The purchase contract is concluded with Julian Kea.
3. Conclusion of the contract
3.1 The presentation of the products in the online shop does not represent a legally binding offer on our part, but an invitation to customers to submit offers. Customers can initially place products in the shopping cart without obligation and correct their entries at any time before sending the binding order by using the correction aids provided and explained in the order process.
3.2 By clicking on the order button that concludes the ordering process, the customer places a binding order for the goods contained in the shopping cart. Immediately after placing the order, the customer will receive a confirmation of receipt of his order by e-mail.
3.3 When the contract with us is concluded depends on the payment method chosen by the customer when ordering:
PayPal and PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the online shop, we will ask PayPal to initiate the payment transaction. Thereby, we accept your offer, so that the contract with us is concluded.
Within the payment service PayPal Plus we offer you different payment methods as PayPal Services. After placing your order you will be redirected to the website of the online provider PayPal. There you can enter your payment data and confirm the payment order to PayPal. Thereby, the contract with us is concluded.
Apple Pay (planned)
During the ordering process you will be redirected to the website of the online provider Apple. There you can enter your payment details and confirm the payment order to Apple. After placing the order in the online shop, we will ask Apple to initiate the payment transaction.
We accept your offer and the contract with us is concluded.
4. Contract language, storage of contract text
4.1 The contract can be concluded in German or in English.
4.2 We save the text of the contract after the conclusion of the contract and send you the order data and general terms and conditions in text form after your order. We will not make the text of the contract accessible beyond this.
5. Right of withdrawal for consumers
5.1 Consumers are generally entitled to a right of withdrawal. Customers can find more information on the right of revocation in the cancellation policy.
5.2 The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
6. Prices, terms of payment
6.1 Unless otherwise stated in the respective product description, the prices quoted in the online shop are total prices which include the statutory value added tax.
6.2 The following payment methods are available to you when ordering in our online shop:
PayPal, PayPal Express
When choosing the payment method PayPal or PayPal Express, the payment is processed via the online provider PayPal. You will be redirected to the PayPal website during the ordering process. In order to pay the invoice amount via PayPal, you must be registered with PayPal or register there, identify yourself with your access data and confirm the payment instruction to us. After submitting your order, we will ask PayPal to initiate the payment transaction; PayPal will automatically carry this out immediately afterwards.
PayPal Plus (planned)
Within the payment service PayPal Plus we offer you different payment methods as PayPal Services. In order to pay the invoice amount via PayPal, you must be registered with PayPal or register there, identify yourself with your access data and confirm the payment order to us. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment order.
Credit card via PayPal
If you have chosen to pay by credit card via PayPal, you do not need to be registered with PayPal. Immediately after confirmation of the payment order and your legitimation as the rightful cardholder, the payment transaction will be carried out by your credit card company at the request of PayPal and your card will be charged.
Direct debit via PayPal
If you have chosen the payment method direct debit via PayPal, you do not need to be registered with PayPal. With confirmation of the payment order you give PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is executed and your account is debited.
Invoice via PayPal
Apple Pay (planned)
In order to pay the invoice amount via Apple Pay, you must use the “Safari” browser, with which service provider Apple is registered, have activated the Apple Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out immediately after the order is placed.
7.1 We only deliver by dispatch; the delivery address given by the customer in the order is decisive.
7.2 We do not deliver to packing stations. Unfortunately it is not possible to collect the goods yourself.
7.3 Shipping costs are added to the product prices stated in the online shop. You will be informed of the amount of the shipping costs in the individual offers and during the ordering process.
8. Reservation of proprietary rights
We reserve the right of ownership of the goods until the purchase price has been paid in full.
9.1 In the event of material defects and defects of title, the statutory provisions on liability for defects shall apply, unless otherwise stipulated below.
9.2 If the customer is an entrepreneur, the limitation period for the purchase of newly manufactured goods is one year from the transfer of risk. However, the statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
9.3 The above restrictions and shortening of periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
- in case of injury to life, body or health
- in the event of intentional or grossly negligent breach of duty or fraudulent intent
- in the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed
- as far as the scope of application of the product liability law is opened.
10. Transport damage and notices of defects
10.1 If the customer is an entrepreneur, the assertion of claims for defects presupposes compliance with the commercial obligations to inspect and report defects. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved by you, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
10.2 If the customer is a consumer, and if goods are delivered to you obviously damaged, we ask you to report this damage to the deliverer as soon as possible and to contact us immediately. Failure to report and/or contact us will not affect your legal rights and their enforcement, especially your warranty rights.
11.1 For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation in the following cases:
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- as far as the scope of application of the product liability law is opened.
11.2 In the event of a breach of so-called cardinal obligations, i.e. essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
11.3 Otherwise, claims for damages are excluded.
12. Place of jurisdiction, applicable law
12.1 If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive – including international – place of jurisdiction for all disputes arising from contracts concluded with the customer shall be our registered office; however, we shall also be entitled to bring an action at the place of performance. If the customer is a consumer, the place of jurisdiction shall be in accordance with the statutory provisions.
12.2 If the customer is an entrepreneur, German law shall apply to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Sales Convention. If the customer is a consumer, the applicable law shall be governed by the statutory provisions.
13. Dispute resolution
The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here. We are neither obliged nor prepared to participate in dispute resolution proceedings before a consumer dispute resolution agency.
14. Severability Clause
If one of the above provisions is invalid in whole or in part, all other provisions shall remain unaffected.
Status as of 20.01.2020
Cancellation policy & cancellation form
Consumers have a fortnightly right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (Julian Kea, Grünberger Str. 17, D-10243 Berlin, Germany, shop@kiLearning.net, Phone: +49 30 2023 7260) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. For this refund, 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 for this refund. We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any event within fourteen days at the latest from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.
Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back).
Grünberger Str. 17
Goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*) ________________________________________
Name of the consumer(s) _____________________________________________
Address of the consumer(s) ___________________________________________
Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable
Reference to different return costs regulations for Germany
We shall bear the direct costs of returning the goods if the return is within Germany.
General instructions for the return of goods
We ask you to avoid damage and contamination of the goods and to return the goods in the original packaging with all accessories and all packaging components, if necessary, in a protective outer packaging. If you no longer have the original packaging, we ask you to protect the goods from damage in transit by using suitable packaging for adequate protection.
Furthermore, we ask you not to return goods to us carriage forward.
The observance or fulfilment of the above requests is not a prerequisite for the effective exercise of a consumer’s right of withdrawal.