This English version is a convenience translation. Only the German text is legally binding.

1. General

1.1 Scope

These General Terms and Conditions apply, in the version valid at the time the contract is concluded, to all business relationships between us, WOW! Kitchen GmbH, Karstraße 70, 41069 Mönchengladbach, and you. If you use conflicting general terms and conditions, they are hereby expressly rejected.

1.2 Contractual agreement

The language of the contract is German.

1.3 Registration

1.4 Conclusion of contract

(Rental)

The contract is concluded individually by offer and acceptance. Unless otherwise agreed, the usual process is that you send us an enquiry, including by using our configurator. You will then receive confirmation of the technical receipt of your order, which does not yet constitute or confirm acceptance of the contract. You will receive a plan and, where applicable, planning alternatives, which you must approve within a stated period. After approval, you will receive our binding order acceptance.

Upon acceptance, the contract is formed. We do not store the contract text separately; the content of the contract arises in each case individually from the agreement reached.

Regarding conclusion of a contract for the purchase of rented goods, please refer to clause 8 of these terms and conditions.

Regarding conclusion of a contract for the purchase of accessories without prior rental, please refer to clause 12 of these terms and conditions.

2. Description of services (rental)

2.1 General

The range of services of WOW! Kitchen GmbH comprises the rental and, where applicable, the subsequent sale of fitted kitchens as well as related services, items and accessories. You will find the exact product and service descriptions on our websites and in the individually prepared offers.

2.2 Performance of services

We are entitled to have the contract or parts of the contract performed by third parties.

2.3 Time of performance

Performance regularly takes place 4–5 weeks after acceptance of the contract.

2.4 On-site measurement

If an on-site measurement has to be carried out, an appointment will be arranged by telephone.

3. Payment (rental)

3.1 Prices

All prices are inclusive of VAT.

3.2 Terms of payment

The start fee of EUR 299.00 is due immediately after our order acceptance. The further rental payments are due monthly in advance.

In addition to the rent, one-off payments for further services and kitchen accessories may arise.

4. Delivery (rental)

4.1 Delivery area

We deliver exclusively within the delivery area specified under “Shipping & delivery”.

4.2 Delivery date

Delivery regularly takes place 2–6 weeks after acceptance of the contract. As the goods may have to be specially assembled and adapted, we need 1–2 days at the installation location specified by you in order to install the goods to fit precisely. You will receive suggested dates on which the goods will be delivered and assembled. Your goods will only be manufactured, delivered and assembled once the start fee has been transferred.

4.3 Cancellation of delivery dates

Cancellation of delivery dates that have already been agreed must take place at least 7 days before the relevant date. If cancellation takes place later for reasons for which you are responsible, we reserve the right to compensation for the damage incurred by us.

4.4 Customer co-responsibility

Access to the dwelling must be planned for 2 days. You must confirm a parking space, the possibility of delivery, sufficient power connections, professionally installed water connections and their accessibility for the delivery date.

5. Start of rental, term and termination

5.1 Start of rental

The term begins on the day on which your goods have been assembled at the place of destination without material defects.

5.2 Term

The rental contract runs for an indefinite period and may be terminated at any time subject to the notice periods stated below.

5.3 Termination

The rental contract is concluded for an indefinite period with a notice period of 3 months. The minimum contract term is 24 months. The right of extraordinary termination for good cause remains unaffected.

6. Instructions on withdrawal for consumers in distance contracts (rental)

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods / the last good.

To exercise your right of withdrawal, you must inform us (WOW! Kitchen GmbH, Karstraße 70, 41069 Mönchengladbach, E-Mail: hallo@wow-kitchen.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

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

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. We will bear the direct cost of returning the goods.

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

– End of the instructions on withdrawal –

Exclusion of the right of withdrawal

The right of withdrawal does not exist for contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer. Likewise, there is no right of withdrawal for contracts for the supply of goods that are liable to deteriorate rapidly or whose expiry date would be quickly exceeded.

Special notes on the premature expiry of the right of withdrawal

Your right of withdrawal expires prematurely if we have fully performed the service and we only began to perform the service after you gave your express consent thereto and at the same time confirmed your knowledge that you lose your right of withdrawal upon complete performance of the contract by us.

7. Instructions on withdrawal for consumers in distance contracts (purchase contract)

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods / the last good.

To exercise your right of withdrawal, you must inform us (WOW! Kitchen GmbH, Karstraße 70, 41069 Mönchengladbach, E-Mail: hallo@wow-kitchen.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

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

Effects of withdrawal

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods.

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

– End of the instructions on withdrawal – Exclusion of the right of withdrawal

8. Purchase of the rented item

8.1 General

You may purchase the goods at any time, with the rental payments made up to that point being credited.

8.3 Retention of title

The delivered goods remain our property until the purchase price has been paid in full. You must at all times treat with care the goods that are subject to simple retention of title. You assign to us any claim or compensation that you receive for damage to, destruction of or loss of the delivered goods. If you act in breach of contract, in particular in the event of default in payment, we are entitled to take back the purchased item. Taking back the item in this case does not constitute withdrawal from the contract unless we expressly declare this in text form.

9. General provisions on rental

9.1 Deposit

We reserve the right to require an appropriate deposit for the rental.

9.2 Rental period

The agreed rental period begins as soon as we have assembled the kitchen at your premises without material defects; for all other rented items, the rental period begins upon collection from us or upon handover of the rented item to the designated carrier.

If you do not take over the rented item at the agreed time, you must nevertheless pay the rent for the entire rental period, unless the rented item can be rented out otherwise. The same applies if connection of an appliance is not possible for reasons for which you are responsible.

The rental period ends, in the case of kitchens, upon handover of the rented item to us; for all other rented items, upon receipt of the return shipment by us or upon return to us. Return must take place by 9:00 a.m. at the latest on the agreed return day. When returning kitchens, you must grant us access to your dwelling so that we can carry out the dismantling. You are prohibited from dismantling the kitchen yourself, relocating it or sending it back to us. If return takes place by 9:00 a.m., the return day will not be charged for the rent. If you return the rented item to us only after 9:00 a.m., additional costs will arise for you.

9.3 Your obligations as renter

You may not sublet the rented item. You may use the rented item only in combinations approved by the manufacturer. It is not permitted to remove the goods from the place of performance. Subletting to third parties is excluded.

9.4 Warranty

The statutory warranty rights apply.

10. Provision and return in the case of rental

10.1 Handover protocol

Upon issue and return of the rented item, a handover or return protocol may have to be completed in full and signed. These two protocols form part of the rental contract.

10.2 Provision of replacement appliances

If the rented item cannot be provided at the time of handover, we reserve the right to provide a comparable rented item, insofar as this is reasonable for you.

10.3 Fault of the renter

If the rented item is destroyed through your fault, or if it is foreseeable that use will be restricted or made impossible by a circumstance for which you are responsible, we may refuse to provide replacement rented items. Termination by you pursuant to § 543 II Nr. 1 BGB is excluded in this case.

10.4 Late return

The provision of § 545 BGB expressly does not apply. If you do not return the rented item to us after expiry of the agreed period of use, or not at the agreed time, we are entitled to demand a usage fee in the amount of the agreed rent for the period of withholding beyond the contract term. Any further claims for damages on our part remain unaffected. An extension of the rental period is possible only with our express consent in text form. The right to use the rented item extends only to the agreed period of use. Continuation of use after expiry of the rental period does not, as a rule, lead to an extension of the rental contract, even without an express objection by us.

10.5 Early return

Return of the rented item before expiry of the agreed rental period does not result in a reduction of the agreed rent, unless the rented item can be rented out otherwise or there is a case of extraordinary termination without notice by you for good cause.

10.6 Condition upon return

You undertake to return the rented item to us at the contractually agreed time in a cleaned condition and in the recorded condition (according to the handover protocol). If the rented item is not cleaned, or is insufficiently cleaned, at the time of return, the actually incurred cleaning costs will be charged to you.

10.7 Unpaid return shipment

If the rented item is returned by postal shipment, you are obliged to bear the shipping costs incurred. Return by postal shipment is possible only for accessories, not for kitchens.

11. Responsibility of the renter

11.1 General

You alone are responsible for the content and accuracy of the data transmitted by you (e.g. measurements and photos of the kitchen) and information (e.g. regarding existing power and water connections). You also undertake not to transmit any data whose content infringes third-party rights or violates existing laws. By transmitting data to us, you confirm that you have complied with copyright provisions.

11.2 Indemnification

You shall indemnify us against all claims asserted against us by third parties on account of such infringements. This also includes reimbursement of the costs of necessary legal representation.

11.3 Data backup

You are jointly responsible for backing up the information sent. We cannot be held responsible for the loss of information sent by you, as we do not assume a general data backup guarantee.

11.4 Proper handling

The rented item must be treated gently and appropriately and operated properly and in accordance with the specifications.

11.5 No on-site measurement

If no on-site measurement is agreed, you must confirm the planning details.

11.6 Scope of liability during the agreed period of use and after expiry of the agreed period of use

You are liable for damage that goes beyond ordinary use or wear and tear, insofar as you are responsible for it.

11.7 Protection of the rented item

You are obliged to take all reasonable measures to prevent loss, theft, damage or accidental destruction of the rented item.

12. Purchase of accessories

12.1 General

You may also purchase accessories from us without renting them first.

12.2 Conclusion of contract

The presentation of the range in our online shop is initially non-binding and without obligation. The ordering process consists of a total of four steps. In the first step, you select the desired goods. In the second step, you enter your data including the billing address and, where applicable, a different delivery address, unless you have already stored these in your customer account. In the third step, you select the desired payment method. In the fourth step, you have the opportunity to review all details (e.g. name, address, payment method, ordered items) once more and, where applicable, to correct input errors before you confirm your order by clicking the button “order with obligation to pay”. By placing the order, you make a binding contractual offer. We will confirm receipt of the order to you without delay. The confirmation of receipt does not yet constitute binding acceptance of the order. We are entitled to accept the contractual offer contained in the order bindingly within two days of receipt of the order by e-mail, fax, telephone, post or by notifying you of dispatch of the goods. The contract is formed only upon acceptance.

12.3 Storage of the contract text

The contract text is stored by us and sent to you after you have submitted your order, together with these terms and conditions and the customer information, in text form (e.g. e-mail, fax or post). However, after you have submitted your order, the contract text can no longer be retrieved via the website. You can print the relevant website with the contract text using your browser’s print function.

12.4 Delivery

12.4.1 Partial deliveries

We are entitled to make partial deliveries if this is reasonable for you. In the event of partial deliveries, however, no additional shipping costs will arise.

12.4.2 Delays in delivery and performance

Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even with the utmost care and for which we are not responsible (these include in particular strikes, official or court orders, and cases of incorrect or improper self-supply despite a covering transaction to that effect) entitle us to postpone delivery for the duration of the hindering event.

12.4.3 Exclusion of delivery

PO box addresses will not be supplied.

12.4.4 Default of acceptance

If you are in default of acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for default or for non-performance. During the default of acceptance, you bear the risk of accidental destruction or accidental deterioration.

12.4.5 Time of performance

Unless expressly agreed otherwise, delivery by us takes place within 6 weeks. The delivery period begins, in the case of payment in advance, on the day after the payment order is issued to the transferring credit institution or, in the case of cash on delivery or purchase on invoice, on the day after conclusion of the contract. The period ends on the following fifth day. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the period ends on the next working day.

12.5 Payment

12.5.1 Prices and shipping costs

All prices are inclusive of VAT. In addition, there are the costs of packaging and shipping shown separately in each case, unless collection by you at our place of business is agreed.

12.5.2 Default in payment

You will be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of default in payment, interest will be charged at 5 percentage points above the base rate of the European Central Bank, or 9 percentage points above the base rate of the European Central Bank for legal transactions in which a consumer is not involved. If you fall into default with your payments, we reserve the right to charge reminder fees of EUR 2.50. The assertion of further damages remains unaffected. You retain the possibility of proving that no damage, or a lesser damage, has been incurred by us.

12.5.3 Right of retention

You are entitled to assert a right of retention only in respect of such counterclaims as are due and are based on the same legal relationship as your obligation.

12.6 Retention of title

13. Warranty for purchased goods

13.1 Warranty claim

Statutory warranty rights apply. A warranty claim can arise only with regard to the characteristics of the goods; reasonable deviations in the aesthetic properties of the goods do not fall under the warranty claim. In particular with regard to the descriptions, illustrations and information in our offers, brochures, catalogues, on the website and in other documents, technical and design deviations may occur (e.g. colour, weight, dimensions, design, scale, positioning or similar), insofar as these changes are reasonable for you. Such reasonable grounds for change may arise from customary commercial fluctuations and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find their precise conditions in each case with the product. Any guarantees do not affect the warranty rights.

13.2 Warranty vis-à-vis consumers

The risk of accidental destruction or deterioration of the sold goods passes to you only upon handover of the goods. If you notice that the outer packaging arrives damaged or you establish damage after receipt of the goods, we ask you to inform us of this. However, there is neither an obligation to give such notice, nor are the warranty rights affected by a failure to give notice. If the goods are defective, you may, at your option, demand subsequent performance in the form of repair or replacement delivery. If defects are not remedied even after two attempts at repair, you are entitled to withdraw from the contract or to a reduction of the purchase price.

13.3 Warranty vis-à-vis entrepreneurs

Vis-à-vis entrepreneurs, by way of derogation from the statutory warranty provisions, in the event of a defect we will, at our option, provide subsequent performance in the form of rectification of the defect or new delivery. In this case, the risk of accidental destruction or deterioration of the item already passes to you upon handover to the person designated for transport. Entrepreneurs must notify obvious defects without delay and non-obvious defects without delay after discovery, in text form; otherwise, assertion of the warranty claim is excluded. To meet the deadline, timely dispatch is sufficient. The entrepreneur bears the full burden of proof for all requirements of the claim, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notice of defects.

13.4 Rights in the case of an insignificant defect

In the event of only an insignificant defect, you are entitled, to the exclusion of the right of withdrawal, only to an appropriate reduction of the purchase price.

13.5 Damages for defects

No warranty is given for damage attributable to improper handling or use. Express reference is made to the following exclusion of liability.

13.6 Limitation period

For used goods, the warranty period is 1 year. Insofar as you are an entrepreneur, the warranty for used goods is excluded and for new goods it is 1 year. Exempted from this is the right of recourse under § 478 BGB. The shortening of the limitation period expressly does not exclude liability for damage arising from injury to life, body or health or in the event of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected.

14. Liability

14.1 Exclusion of liability

We as well as our legal representatives and vicarious agents are liable only for intent or gross negligence. Insofar as material contractual obligations are concerned (i.e. those obligations whose fulfilment is of particular importance for achieving the purpose of the contract), liability is also assumed for slight negligence. In this case, liability is limited to the foreseeable damage typical of the contract. Vis-à-vis entrepreneurs, in the event of a grossly negligent breach of non-material contractual obligations we are liable only in the amount of the foreseeable damage typical of the contract.

14.2 Reservation of liability

The foregoing exclusion of liability does not affect liability for damage arising from injury to life, body or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.

14.3 On-site measurement

We assume no liability for an incorrect on-site measurement on your part.

15. Final provisions

15.1 Place of jurisdiction

Our place of business is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract if you are a merchant, a legal person under public law or a special fund under public law.

15.2 Choice of law

Insofar as mandatory statutory provisions under the law of your home country do not conflict, German law is agreed, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

15.3 Consumer dispute resolution proceedings

The EU Commission has established an internet platform for the online resolution of disputes concerning contractual obligations arising from online contracts (ODR platform). You can reach the ODR platform 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 conciliation body.

15.4 Severability clause

The invalidity of individual provisions does not affect the validity of the remaining General Terms and Conditions.

Terms and conditions