Terms of Service

§ 1 General - Scope

All contractual relationships between Like's Kios and their customers are exclusively subject to the following General Terms and Conditions in the version valid at the time of the order. They apply to the delivery and delivery of goods that the customer orders from Like's Kios over the Internet.

1. These terms and conditions apply to all current and future business relationships.

2. Consumer i. s.d. Terms and conditions are natural persons with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them.

3. Entrepreneur i. s.d. Terms and Conditions are natural or legal persons or partnerships with legal capacity, with whom a business relationship is entered into, who act in the exercise of a commercial or self-employed professional activity.

4. Customer iSd terms and conditions are both consumers and entrepreneurs.

5. Deviating, conflicting or supplementary general terms and conditions, even if they are known, are not part of the contract unless their validity is expressly agreed to in writing.

§ 2 Conclusion of contract

1. By ordering a product, the customer makes a binding declaration that they want to purchase the ordered product. We are entitled to accept the contract offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing or by delivering the goods to the customer.

2. If the consumer orders the goods electronically, we will immediately confirm receipt of the order. The confirmation of receipt does not constitute a binding acceptance of the order.

3. The conclusion of the contract is subject to the correct and timely delivery to us by our suppliers. This only applies in the event that we are not responsible for the non-delivery, in particular if a congruent hedging transaction is concluded with our supplier.

4. If the consumer orders the goods electronically, the text of the contract will be saved by us and sent to the customer by e-mail on request together with these General Terms and Conditions.

§ 3 delivery area

Orders and deliveries are generally only possible within Germany and to certain European countries. If you want a delivery abroad, we will try to help you.

§ 4 Delivery

1. The delivery is carried out by a company commissioned by Like's Kios within the delivery area. Although we endeavor to deliver as quickly as possible, any delivery time information is subject to change and non-binding. Partial deliveries are at our discretion, depending on the delivery situation, unless expressly stated otherwise by the customer when ordering and partial deliveries are reasonable for the customer.

2. Deliveries are made from stock to the delivery address specified by the customer.

3. Like's Kios reserves the right to refuse a delivery if the delivery address is outside the valid delivery area.

4. Customers with foreign delivery addresses cannot order goods that need to be chilled, as it is not possible to maintain the cold chain for deliveries abroad.

5. If the customer is in default of acceptance or culpably violates other obligations to cooperate, Like's Kios is entitled to demand compensation for the damage incurred, including any additional expenses. Further claims remain reserved.

§ 5 Scope of Delivery

We reserve the right to deliver individual items only in normal household quantities.

§ 6 Right of Withdrawal

1. The consumer has the right to revoke his declaration of intent to conclude the contract within two weeks of receipt of the goods. The revocation does not have to contain a reason and must be explained to the seller in text form or by returning the goods; Deadline is sufficient for the timely dispatch.

2. When exercising the right of withdrawal, the consumer is obliged to return the goods if the goods can be sent by parcel. When exercising the right of withdrawal, the customer bears the costs of the return, unless the delivered goods do not correspond to the goods ordered.

3. The consumer has to pay compensation for a deterioration caused by the intended use of the goods. The consumer may inspect the goods cautiously and carefully. The consumer has to bear the loss of value, which leads to the fact that the goods can no longer be sold as "new" due to the use beyond the mere examination.

4. Unless otherwise specified, the right of revocation does not apply to long-distance contracts for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or in the case of perishable goods , such as all foods.

§ 7 Refusal of Acceptance

1. If our delivery is refused, we will calculate the full shipping costs plus any return shipping fees incurred by the carrier. These are currently EUR 6 within Germany and EUR 10 from the EU.

2. If the consumer wants to return goods to Like's Kios due to incorrect delivery, Like's Kios must be informed of this in writing. Like's Kios will send the consumer a parcel label for return. Like's Kios generally does not accept goods that are shipped freight collect.

§ 8 Complaints

Complaints about an order must be submitted to Like's Kios in writing within 5 days of delivery of the order. Complaints after this period can no longer be considered.

§ 9 Terms of Payment

1. To protect against the credit risk, Like's Kios must reserve the right to carry out the delivery requested by the customer only against advance payment or Paypal payment.

2. There is no possibility of discount deduction.

§ 10 Offers / Prices / Retention of title

1. The prices and conditions listed on the website at the time the customer places the order are binding for Like's Kios. However, Like's Kios has the right to withdraw from the contract if there are spelling, printing or calculation errors.

2. Any customs fees for non-EU countries are not taken into account and will be charged directly to the recipient by the relevant customs authority upon importation.

3. All offers are non-binding. The prices include the respective statutory sales tax.

4. The seller is bound to specially prepared offers for 30 calendar days.

5. The goods remain the property of Like's Kios until full payment has been made.

6. Verbal ancillary agreements have not been made. Drawings, illustrations, dimensions, weights or other performance data are only binding if this has been expressly agreed in writing.

§ 11 Transfer of Risk / Warranty

1. If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the buyer when the goods are handed over, in the case of mail-order sales when the goods are delivered to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment above.

2. If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the item sold only passes to the buyer when the item is handed over, even in the case of mail-order sales.

3. The handover is the same if the buyer is in default of acceptance.

4. The correct receipt of the goods is to be acknowledged to the delivering company. Otherwise, the statutory provisions remain unaffected.

5. Entrepreneurs must notify us in writing of obvious defects within a period of two weeks from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all entitlement requirements, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects.

6. Consumers must inform us in writing of obvious defects within a period of two months after the point at which the non-conforming condition of the goods was determined. The receipt of the notification by us is decisive for keeping the deadline. If the consumer fails to provide this information, the warranty rights expire two months after he has discovered the defect. This does not apply in cases of malice of the seller. The consumer bears the burden of proof for the time at which the defect was discovered. If the consumer was persuaded to buy the item by incorrect manufacturer statements, he has the burden of proof for his purchase decision. In the case of used goods, the consumer bears the burden of proof that the item is defective.

Section 12 Liability

1. In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, contract-typical, direct average damage depending on the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We are not liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.

2. The above limitations of liability do not apply to customer claims arising from product liability. Furthermore, the limitations of liability do not apply to bodily injury or damage to health that is attributable to us, or to the loss of life of the customer.

3. Claims for damages by the customer due to a defect expire one year after delivery of the goods. This does not apply if we can be accused of gross negligence, or in the event of damage to body or health for which we are responsible or if the customer dies.

4. The content of our website is created by us with the greatest care and revised at regular intervals. Nevertheless, we cannot assume any liability for the topicality, correctness, completeness or quality of the information provided. In the event of an unintentional copyright infringement, the object in question will be removed from the site immediately after notification. Furthermore, we are not liable for the content of third-party websites that can be accessed via hyperlinks to or from our website. The following applies to all of these links: We would like to expressly state that we have no influence on the design or the content of the linked pages. We therefore hereby expressly distance ourselves from all content on all linked pages on our site. This declaration applies to all links displayed on our site and to all content of the sites to which the banners (or links) lead.

§ 13 data protection

The data required for business transactions are stored and, if necessary, passed on to companies affiliated with us as part of the order processing. Note: You can object to the further use of your data for advertising purposes at any time by notifying Like's Kios, Albert-Roßhaupter-Straße 132, 81369 Munich. After receiving your objection, we will stop sending you any kind of advertising material and will not pass on your data for advertising purposes.

§ 14 Place of Jurisdiction / Place of Performance

German law applies. The provisions of the UN Sales Convention do not apply. If the customer is a merchant or has his place of residence outside of Germany, the place of business of Like's Kios is agreed as the sole place of jurisdiction. Place of fulfillment is Munich/Germany.

§ 15 Provider identification

Like's Kios
Albert-Roßhaupter-Strasse 132  
81369 Munich
HRA 
VAT ID: DE 

§ 16 Severability Clause

If one of the above conditions is ineffective, the effectiveness of the others remains unaffected. The ineffective clause will then be mutually replaced by another one that comes as close as possible to the ineffective clause in terms of its economic intention.