§ 1 Scope of Application

(1) These General Terms and Conditions of Sale (hereinafter: “GTC”) apply to all contracts concluded via our online shop between us,

KAVA Handels GmbH (full company name),
Keltenstr. 8, 76744 Wörth am Rhein (postal address)
Managing Director: Kangsan Lee (first and last name)
Local Court of Landau in der Pfalz (name of the register court)
HRB 34444 (registration number),
Telephone number: +49 163 155 5302
Email address: support@4982-studio.com

and you as our customer. The GTC apply regardless of whether you are a consumer, an entrepreneur, or a merchant.

(2) All agreements made between you and us in connection with the purchase contract arise in particular from these terms of sale, our written order confirmation, and our declaration of acceptance.

(3) The version of the GTC valid at the time the contract is concluded shall be decisive.

(4) Deviating terms and conditions of the customer are not accepted. This also applies if we do not expressly object to their inclusion.

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§ 2 Conclusion of Contract

(1) The presentation and promotion of items in our online shop do not constitute a binding offer to conclude a purchase contract.

(2) By submitting an order via the online shop by clicking the button “zahlungspflichtig bestellen” (“order with obligation to pay”), you submit a legally binding order. You are bound by the order for a period of two (2) weeks after submitting the order; any right you may have under § 3 to withdraw from your order remains unaffected.

(3) We will promptly confirm receipt of your order placed via our online shop by email. Such an email does not yet constitute binding acceptance of the order unless acceptance is expressly declared in addition to confirmation of receipt.

(4) A contract is only concluded when we accept your order by a declaration of acceptance or by delivery of the ordered items.

(5) Orders for deliveries abroad can only be considered from a minimum order value. The minimum order value can be found in the price information provided in our online shop.

(6) If delivery of the goods you ordered is not possible, for example because the goods are not in stock, we will refrain from issuing a declaration of acceptance. In this case, no contract is concluded. We will inform you without delay and immediately refund any consideration already received.

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§ 3 Right of Withdrawal

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you are entitled to a right of withdrawal in accordance with the statutory provisions.

(2) If you, as a consumer, exercise your right of withdrawal pursuant to paragraph 1, you shall bear the regular costs of returning the goods.

(3) Otherwise, the provisions governing the right of withdrawal apply as set out in detail in the following

Right of Withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us:

KAVA Handels GmbH (4982 Studio)
Keltenstr. 8
76744 Wörth am Rhein
Germany
Tel: +49 163 155 5302
Email: support@4982-studio.com

by means of a clear statement (e.g. a letter sent by post, fax, or email) of your decision to withdraw from this contract.

You may use the attached model withdrawal form, but this is not mandatory.
You may also complete and submit the model withdrawal form or any other clear statement electronically on our website. If you make use of this option, we will promptly confirm receipt of such withdrawal (e.g. by email).

To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs (except for the additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen (14) days from the day on which we receive notice of your withdrawal from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in no case will you be charged any fees for such reimbursement.

We may withhold reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever occurs first.

You shall send back or hand over the goods to us without undue delay and in any event no later than fourteen (14) days from the day on which you inform us of the withdrawal from this contract.

The deadline is met if you send back the goods before the period of fourteen (14) days has expired.

You shall bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

– End of the Right of Withdrawal –

(4) The right of withdrawal does not apply to distance contracts:

(a) for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs, or that by their nature are not suitable for return, or can spoil quickly, or whose expiration date would be exceeded;

(b) for the delivery of audio or video recordings or software if you have unsealed the delivered data carriers.

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§ 4 Delivery Conditions and Advance Payment Reservation

(1) We are entitled to make partial deliveries insofar as this is reasonable for you.

(2) The delivery period is approximately ten (10) working days, unless otherwise agreed. Subject to the provision in paragraph 3, it begins upon conclusion of the contract.

(3) In the case of orders from customers with a place of residence or business abroad or where there are justified indications of a risk of payment default, we reserve the right to deliver only after receipt of the purchase price including shipping costs (reservation of advance payment). If we make use of this reservation of advance payment, we will inform you without delay. In this case, the delivery period begins upon payment of the purchase price and shipping costs.

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§ 5 Prices and Shipping Costs

(1) All prices stated in our online shop are gross prices including statutory value-added tax and are exclusive of any applicable shipping costs.

(2) Shipping costs are indicated in our price information in the online shop. The price including VAT and applicable shipping costs is also displayed in the order overview before you submit your order.

(3) If we fulfill your order by partial deliveries in accordance with § 4 (1), you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) If you effectively withdraw your declaration of contract pursuant to § 3, you may, under the statutory requirements, request reimbursement of the shipping costs paid for delivery to you (outbound shipping costs) (cf. § 3 (3) regarding other consequences of withdrawal).

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§ 6 Payment Terms; Set-off and Right of Retention

(1) The purchase price and shipping costs are payable no later than two (2) weeks after receipt of our invoice.

(2) You may, at your discretion, transfer the purchase price and shipping costs to the account specified in the online shop, grant us a direct debit authorization, or pay by EC/Maestro or credit card. In the case of a granted direct debit authorization or payment by EC/Maestro or credit card, we will debit your account no earlier than the time specified in paragraph 1. A granted direct debit authorization remains valid for further orders until revoked.

(3) You are not entitled to set off against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert defect claims or counterclaims arising from the same purchase contract.

(4) As the buyer, you may exercise a right of retention only if your counterclaim arises from the same purchase contract.

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§ 7 Retention of Title

The delivered goods remain our property until full payment of the purchase price.

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§ 8 Warranty

(1) We are liable for material or legal defects of delivered items in accordance with the applicable statutory provisions. The limitation period for statutory warranty claims is two years and begins upon delivery of the goods.

(2) Any seller warranties provided by us for certain items or manufacturer warranties granted by manufacturers of certain items apply in addition to claims for material or legal defects pursuant to paragraph 1. Details of the scope of such warranties can be found in the warranty conditions that may accompany the items.

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§ 9 Liability

1) We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions.

(2) In other cases, we are liable—unless otherwise provided in paragraph 3—only in the event of a breach of a contractual obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance you, as a customer, may regularly rely (so-called cardinal obligations), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to paragraph 3.

(3) Our liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

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§ 10 Copyrights

We hold copyrights to all images, films, and texts published in our online shop. Any use of images, films, or texts without our express consent is not permitted.

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§ 11  Data Protection Notice

We collect, process, and use your personal data, in particular your contact details, for the purpose of processing your order, including your email address if you provide it to us. For creditworthiness checks, we may obtain information (e.g. a so-called score value) from external service providers as a decision-making aid and make the payment method dependent on this. The information also includes information about your address. This is done for the purpose of contract performance pursuant to Art. 6 (1) (b) GDPR. For details, please refer to our Privacy Policy.

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§ 12 Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory statutory provisions of that country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, … . Otherwise, the applicable statutory provisions govern local and international jurisdiction.

(3) Dispute resolution: The European Commission has established an internet platform for online dispute resolution. The platform serves as a point of contact for the out-of-court resolution of disputes arising from contractual obligations resulting from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

⚠️ The following section is a legally required notice under German law. An English translation is provided to assist understanding. In case of discrepancies or legal disputes, the German original text below shall prevail.