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General business conditions for the use of KISURA

Last update 25th February 2015

Preamble

Kisura GmbH (hereinafter referred to as "KISURA") operates a website at kisura.de, where the purchase of fashion articles is offered in conjunction with personal advice. In order to purchase fashion accessories and to obtain the related advice, the customer must register on the KISURA website and provide personal details, e.g. Body size and style preferences. At the request of the customer, a personal conversation with a KISURA fashion consultant can be arranged on the telephone, via Skype or other digital medium before a box of fashion articles is sent to him by post. The packing of the KISURA Box with fashion articles is based on the information and wishes of the customer, as well as at the discretion of the fashion consultant. After receiving the box, the customer has the opportunity to look at and buy the outfits. Details regarding the condition of the contract and the legal right of revocation of the customer is given in the paragraphs 6 and 7. The following general terms and conditions apply to the use of the website www.kisura.de and the contracts concluded via the website:

1.1 The website www.kisura.de including all subdomains (hereinafter kisura.de) as well as the system for the distribution of fashion articles are operated by: KISURA GmbH, Rudi-Dutschke Strasse 26, 10969 Berlin, represented by the managing directors Tanja Bogumil and Linh Nguyen, registered in the Handelsregister Amtsgericht Berlin under the register number HRB 145972 (hereinafter "KISURA").

1.2 These General Terms and Conditions (GTC) apply to the use of the website kisura.de as well as to the contracts and services concluded via kisura.de, exclusively. Deviating or conflicting terms and conditions of the customer shall not be recognized by KISURA, unless we have expressly consented to this in writing. These terms and conditions shall also apply if KISURA provides unconditionally the contractual services against the customer in the knowledge of conflicting or deviating terms and conditions of the customer. By registering with KISURA, the customer expressly agrees to these terms and conditions.

1.3 KISURA does not take any responsibility for the Internet services provided by third parties in the framework of a cooperation to which, KISURA links from their homepage. The terms of use of the respective providers apply to these offers.

1.4 The general terms and conditions can be viewed at www.kisura.de/terms

1.5 Within the framework of contracts with KISURA these terms and conditions exclusively entitle and oblige consumers. Consumers within the meaning of the following regulations - hereinafter referred to as the "Customer" - are any natural persons who conclude a transaction for a purpose which cannot be attributed to their commercial or independent professional activity.

KISURA reserves the right to amend or change these General Terms and Conditions within the legally permissible framework at any time. For current contractual relations, in particular for orders already made, the GTC in the version of the respective legal transaction shall apply in principle. However, KISURA is entitled to unilaterally modify these terms and conditions, insofar as they are entered into the contractual relationship with the customer, to the extent that this is necessary to eliminate subsequent equivalence disturbances or to adapt to changed legal or technical conditions and does not contravene the respective statutory provisions of consumer protection. The customer will be informed of an adjustment by notifying the amended regulations. The amendment becomes a contract component if the customer does not object to the contract in writing or text form against KISURA within six weeks after receipt of the amendment notification.

3.1 The customer has to register before using the services of the KISURA websites and to open a customer account. The customer of the KISURA platform can only be a person full of age who is contractually capable. The registration as well as the associated customer account and profile creation is free of charge.

3.2 The customer is obligated to complete all fields provided in the application form truthfully and correctly. The use of pseudonyms and / or artist names is not permitted in principle. In particular, the customer must provide his full name, address and email address. In the case of an order, the customer data as well as the corresponding delivery and invoice description and payment data are to be adjusted by the customer in the event of a change, in order to avoid unnecessary costs.

3.3 The customer is obliged to keep his password secret. KISURA will not pass on the password to third parties and will never ask the customer for the password at any time.

3.4 Each customer may only register once and only create one customer profile.

3.5 Registration is done by clicking on the button "Sign up for free", "Sign up" or "Sign up now".

3.6 There is no claim to register with KISURA. KISURA may also attach the application to further requirements (for example examination of the registration data, credit check, etc.). The customer is obliged to provide proper and correct information. KISURA shall be entitled to provide the customer with declarations to be delivered to the customer effectively through the customer's email address, insofar as this is not mandatory by statute or agreement. KISURA points out that the responsibility for the content and correctness of the information lies solely with the customer.

3.7 KISURA stores the personal data entered during registration so the customer can log on to KISURA at any time with his customer data. The data protection agreement regulates the handling of the personal data.

3.8 Only registered members can get access to the offer of KISURA.

3.9 Minors cannot become a member.

3.10 Membership is free.

3.11 The customer is not obliged to order goods or to recruit new members.

3.12 The membership is applied for by the registration and approval of the AGB by the customer. The registration can only be submitted online.

3.13 KISURA is not obliged to accept new members.

3.14 The membership is not transferable.

4.1 Membership of KISURA is unlimited.

4.2 The customer can terminate his/her membership at any time without giving reasons and without observing a deadline. KISURA shall be entitled to terminate the usage relationship with the customer properly within a period of two (2) weeks.

4.3 A notice of termination can be send to[email protected] or

KISURA GmbH
Rudi-Dutschke Straße 26
10969 Berlin
Phone: +49 30 44017038

In the event of termination, the first and last name and the e-mail address of the customer registered at KISURA shall be indicated.

4.4 The right to a dismissal for exceptional reasons remains unaffected. A valid reason is, in particular, if one of the parties has violated obligations under these General Terms and Conditions.

4.5 Upon termination of the membership, KISURA will irrevocably delete all customer data.

5.1 KISURA offers registered customers the opportunity to create an online profile with specific information regarding the person her/himself, preferences and tastes associated with fashion & lifestyle.

5.2 With the registration the customer grants KISURA the consent - by means of personal criteria - to assemble a personalized selection of fashion articles of any kind at his/her own discretion and to send him/her at request.

6.1 The Internet presence of KISURA, in particular the presentation and presentation of the goods on kisura.de, does not represent a binding offer of KISURA GmbH.

6.2 Based on the personal data which the customer enters into the online system of KISURA, KISURA selects various goods and sends them to the customer at the respective current price of the goods. Price increases within 3 months after conclusion of contract (§ 309 No. 1 BGB) are excluded. The choice of the goods is at the sole discretion of KISURA. The customer has no claim to the dispatch of certain goods. For each order, the customer will be sent a maximum of EUR 1,500.00 including the legally valid VAT, currently 19%. KISURA is hereby explicitly granted a unilateral right to determine the price/performance the under the terms of §§ 315, 316 BGB (German Civil Code). The personal data can be entered into the customer profile as part of a personal interview with a fashion consultant. Alternatively, also electronically, by sending an order via a form provided on the internet presence of KISURA, without a personal appointment on the telephone or via Skype or another selected communication medium. The customer will receive a written confirmation regarding the delivery of the goods, by mail or by email, according to his/her order request.

6.3 By accepting the goods package by the customer, authorized representative or tolerated third party, the offer shall be deemed accepted. Irrespective of this, the customer is entitled to the statutory right of revocation, which is described in more detail in section 7.

7.1 The customer can revoke his/her contract in a written form (for example by letter, fax, email) or by returning the goods without stating reasons within 14 days. The period of revocation shall be fourteen days from the day on which you or a third party you designate, who is not a carrier, has taken possession of the goods (in the case of partial deliveries or separate delivery, the date of acceptance of the last product is applied).

7.2 In order to make use of the right of revocation by sending us a written statement via post or email at Kisura GmbH Rudi-Dutschke Straße 26 10969 Berlin Email: [email protected] It is also possible to use the attached link

7.3 Consequences of revocation: In the case of an effective revocation, the services received at both ends shall be returned and any benefits (e.g. interest) drawn. If the received performances can not be returned, issued partially or only in a deteriorated condition, the customer is obligated to compensate KISURA if necessary. For the deterioration of the goods and for drawn uses, the customer only has to make a compensation in value, if the deterioration is due to a common handling with the item. “Common handling” refers to testing, fitting and trying out the respective goods, as is possible and customary in the store business. For hygienic reasons, we ask you not to remove the glued-in original protective cover for bathing suits and laundry, as well as generally to not remove or damage the original labels on the goods.

7.4 In case of return, the return shipment label issued by KISURA shall be used. The return shipment label can be requested at any time via the service of KISURA. Please help us to avoid unnecessary costs by returning the goods without the provider return label. We also ask you to use the original carton for your returns.

7.5 A refund is issued for the account of the customer of the initial payment, unless other account details are communicated. The purchase price will be refunded after receipt of the return within 30 days.

8.1 The customer is solely responsible for the content he/she has posted. KISURA is not obliged to monitor and verify the contents of the customer. However, KISURA reserves the right to review customer data according to the available possibilities to ensure that they comply with the conditions of use and do not violate applicable laws.

8.2 The customer is bound to not create any content on Kisura.de or to carry out actions on Kisura.de which violate the rights of another person or the law. The use of services offered by KISURA should only be exclusively for private purposes, (e.g. copyright, trademark, patent law, design rights, or utility model law), and shall not be a violation thereof. This applies in particular to the copyrights and trademarks of KISURA, not to upload and / or publish any image files with sexual, discriminatory, offensive, violent, racist, slanderous or otherwise unlawful content or representations.

8.3 Furthermore, the following behavior is prohibited as it constitutes an unreasonable and / or big burden on the infrastructure of the KISURA website: collecting and evaluating data from KISURA through data mining, robots or similar methods, to use and / or to evaluate websites or databases for commercial purposes and to use software and scripts when using the KISURA websites.

KISURA is not obliged to process the information provided by the customer. Even after successful registration there is no legal claim on the use of services or on the performances.

10.1 The goods are delivered to the address specified by the customer during registration or while placing the order. Should the customer have provided an invalid address, the customer bears the additional costs. The same applies if the consignment is undeliverable.

10.2 The delivery is made to the delivery address specified by the customer within Germany. In exceptional circumstances, deliveries abroad are possible under the customer's responsibility for the cost of forwarding and returning. KISURA reserves the right not to accept any foreign deliveries.

10.3 The preparation and shipping costs within Germany are taken over by KISURA. The consignment is delivered by Deutsche Post or by a supplier selected by KISURA directly to the address specified by the customer. As a rule, a delivery can be expected within seven (7) business days from receipt of order.

10.4 Parcels which can be shipped shall be returned at our risk. The return is generally free of charge for the customer within Germany.

11.1 By sending the goods, the customer receives an invoice with the final prices for all goods sent. The listed prices are final prices, including all price components and applicable taxes. The sum of the listed goods represents the total purchase price. Additional costs for the dispatch are not added for deliveries within Germany.

11.2 After the purchase contract comes into force according to § 6, KISURA shall notify the customer of the total purchase price for the approved goods by email.

11.2 Payment is due on the date specified in the invoice, unless otherwise stated.

11.3 The customer is only entitled to set-off if the claim is undisputed, legally binding or recognized by KISURA. A right of retention can only be exercised by the customer if the claims arise from the same contractual relationship.

11.4 In the case of payment from abroad, the customer bears all additional costs, such as bank charges and transfer fees. The timely performance of the service depends on whether the customer has carried out the due performance act in good time at his/her seat of residence.

12.1 The customer has the following payment options: Prepayment via bank transfer, PayPal, Sofortüberweisung and payment on account. KISURA reserves the right not to offer individual payment methods or only for certain orders.

12.2 Purchase on account: The outstanding amount is payable within 14 days on the calendar day specified in the invoice. The payment method "Buy on account" does not exist for all offers and requires, among other things, a successful credit check by KISURA.

12.3 Creditworthy information on your current payment behavior and information on the assessment of the risk of payment default on the basis of mathematical-static procedures using address data (scoring) is provided by infoscore Consumer Data GmbH, Rheinstraße 99, 79532 Baden-Baden.

The customer indemnifies KISURA from all claims made by third parties against KISURA, in case of violation by the customer against the third party’s rights. In addition, the customer shall be obligated to bear the costs arising from the above infringements of the rights of third parties. This applies in particular to law and attorney costs.

The obligations mentioned above of the customer are excluded, if the customer is not responsible for the infringement concerned.

14.1 KISURA shall be liable - irrespective of the legal grounds - only for damage that KISURA or its legal representatives and / or deputy agents have caused intentionally or grossly negligently. Liability for negligence exists only if a fundamental contractual obligation has been violated. In this case, the liability of KISURA is limited to the typically foreseeable damage upon conclusion of the contract.

14.2 A further liability of KISURA for damage to life, body and health as well as according to the Product Liability Act shall remain unaffected.

14.3 In other cases, the liability of KISURA - irrespective of the legal basis - is completely excluded.

14.4 Furthermore, the customer acknowledges that the services offered by KISURA do not claim to be correct and complete.

14.5 KISURA refers to its pages with links to other websites. The following applies to all these links: Kisura GmbH explicitly declares that it has no influence on the design as well as the contents of the linked pages. Therefore, KISURA hereby explicitly dissociates itself from all content of all pages of third parties linked from www.kisura.de (including all subdomains). KISURA does not adopt the content of the linked pages. This declaration applies to all displayed links and to all contents of the pages to which links from KISURA lead.

15.1 The goods shipped by KISURA remain the property of KISURA until full settlement of all outstanding claims. The customer is not authorized to sell the goods until the property is acquired.

15.2 The goods subject to retention of title may neither be pawned nor appropriated for hedging purposes. In case of seizure as well as confiscation or other orders by a third party, the provider has to be notified immediately.

15.3 The customer shall grant the provider free access to the goods delivered by him/her under retention of title. In the event of insolvency, the offerer has a right to collect the outstanding amount according to § 47 InsO.

All proprietary rights - in particular, trademarks, titles, brands and copyrights of KISURA shall remain unaffected by the registration pursuant to §2 and are exclusively reserved for KISURA. Without the written consent of KISURA, customers and / or third parties shall not be permitted to use these rights either online or offline.

Data protection is an important concern for KISURA. The collection, processing and storage of data takes place exclusively according to the provisions of the German data protection act. The data protection declaration is an integral part of these terms and conditions, and can be accessed at any time on the KISURA website https://www.kisura.de/policy.

18.1 The customer is aware that a 100% availability of the KISURA websites are not technically possible. However, KISURA endeavors to offer its services without interruptions.

18.2 The law of the Federal Republic of Germany shall apply to these general terms and conditions and the entire legal relations between KISURA and the customers, under the exclusion of the UN purchase law.

18.3 Exclusive jurisdiction is Berlin, Germany, to the extent legally permissible.

18.4 The invalidity of individual provisions of these general terms and conditions shall not affect the validity of the remaining provisions. In this case, all parties agree on effective regulations that are economically closest to the intended purpose of the ineffective regulations. This applies accordingly for the closure of any gaps in this contract.