General Terms and Conditions (GTC)

KITCUCINA GmbH
Rüttenscheider Pl. 3
45130 Essen
Germany

Status: May 2026

§ 1 Scope of Application and Contracting Parties

(1) These General Terms and Conditions apply to all contracts concluded between KITCUCINA GmbH (hereinafter 'Provider') and consumers or entrepreneurs (hereinafter 'Customer') via the online shop at www.kitcucina.de and via other sales channels of the Provider.

(2) A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB).

(3) An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).

(4) Deviating, conflicting or supplementary General Terms and Conditions of the Customer shall not become part of the contract, unless their validity is expressly agreed to in writing.

§ 2 Conclusion of Contract

(1) The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to submit an offer (invitatio ad offerendum).

(2) By submitting the order, the Customer submits a binding offer to purchase the products contained in the shopping cart.

(3) The Provider accepts the Customer's offer by sending an order confirmation by e-mail or by delivering the goods. The purchase contract is concluded upon receipt of the order confirmation or delivery.

(4) The contract text will be stored after the conclusion of the contract. The Customer can access the GTC on the website at any time.

§ 3 Products, In-house Production and Third-Party Components

(1) The Provider sells mobile kitchen solutions, kitchen furniture, kitchen equipment and accessories. The core products (especially mobile kitchens) are independently developed, planned and manufactured by the Provider (on-demand production).

(2) Electrical and electronic devices and components from third-party manufacturers (e.g., electrical appliances, fittings, technical components) may be integrated into the Provider's products. These third-party components are subject to the respective manufacturer's guarantees and warranties.

(3) For integrated third-party components, the warranty conditions of the respective manufacturer apply in addition. The Provider will forward the corresponding manufacturer information to the Customer upon request.

(4) Product illustrations are examples. Minor deviations in color or design, which are due to handcrafted production or material properties, do not constitute a defect, provided that the deviation is reasonable.

§ 4 Delivery and Delivery Times

(1) Since the products are manufactured individually upon order (on-demand production), the delivery time is generally 6 to 8 weeks from receipt of order and full payment. The estimated delivery time will be communicated to the Customer with the order confirmation.

(2) Delivery is exclusively to the curb (street level). Delivery into the building, into the apartment or to upper floors is not included in the scope of delivery. The Customer is obliged to arrange for further transport from the curb independently.

(3) The Provider delivers to Germany and all EU member states. Deliveries to Switzerland and other non-EU countries are possible upon separate request. In these cases, additional costs for customs clearance and import duties may arise, which are to be borne entirely by the Customer.

(4) The shipping costs will be displayed to the Customer before completing the order process. Transport takes place as less-than-truckload (LTL) freight by forwarding agent. Free delivery is not offered, as fixed forwarding costs apply to every delivery. For commercial bulk orders (project business), separate shipping conditions can be agreed upon.

(5) If the Provider is in default of delivery, the Customer may withdraw from the contract after an unsuccessful expiry of a reasonable grace period.

(6) Partial deliveries are permissible, provided they are reasonable for the Customer.

§ 5 Prices and Payment Terms

(1) All prices are in Euro, including statutory value-added tax, unless expressly stated otherwise.

(2) In addition to the stated product prices, delivery and shipping costs may apply. These will be communicated to the Customer before completing the order process.

(3) Payment can be made by:

• Credit card
• PayPal
• Instant transfer / Klarna
• Prepayment (bank transfer)
• other payment methods offered in the shop

(4) For prepayment, the invoice amount must be transferred to the specified account within 7 days of order confirmation. In case of non-payment, the Provider reserves the right to withdraw from the contract.

(5) The Provider reserves the right to agree on different payment terms for corporate customers.

§ 6 Retention of Title

The delivered goods remain the property of the Provider until full payment of the purchase price. The Customer is not entitled to pledge the reserved goods or to transfer them as security.

§ 7 Right of Withdrawal for Consumers

(1) Consumers generally have a statutory right of withdrawal according to §§ 312g, 355 BGB. The cancellation policy is part of the ordering process and will be provided to the customer separately. To exercise the right of withdrawal, the customer also has an electronic withdrawal function available at https://www.kitcucina.com/pages/vertrag-widerrufen. After using this function, the customer will immediately receive a confirmation of the receipt of their withdrawal declaration on a durable medium (email).

(2) Note on exclusion of the right of withdrawal for on-demand manufacturing: According to § 312g para. 2 no. 1 BGB, there is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

(3) Insofar as the products are manufactured individually according to customer wishes (e.g., special colors, custom-made products, individual configurations), the right of withdrawal is excluded. The provider explicitly informs the customer of this exclusion before the conclusion of the contract.

(4) For standard products without individual customization, the statutory right of withdrawal of 14 days applies.

§ 8 Returns and Return Costs

(1) If a statutory right of withdrawal exists (see § 7), the customer can return the goods within the statutory withdrawal period of 14 days. Returns are exclusively by forwarding agent (less-than-truckload freight). Return by parcel service is not possible due to the product size and weight.

(2) Returns must be registered in writing with the provider in advance (by email to contact@kitcucina.com). After successful registration and review, the provider will commission a forwarding agent to pick up the goods from the customer. Pick-up also takes place exclusively from the curb.

(3) The costs of the return are borne by the customer. The incurred return costs correspond to the regular forwarding costs and will be communicated to the customer before the return. Free returns are not offered.

(4) For products custom-made to customer specifications (on-demand production with individual adaptations such as special colors, custom-made products, or special configurations), there is no right of withdrawal (see § 7 para. 3). In these cases, returns are only accepted for proven material defects in accordance with statutory warranty provisions.

(5) In the event of a justified material defect, the provider bears the costs of the return. The customer must notify the defect in writing immediately after discovery.

§ 9 Warranty and Liability

(1) The statutory warranty rights apply. The warranty period for consumers is 2 years from delivery.

(2) For integrated third-party components (electrical appliances, fittings, etc.), the Provider's warranty is governed by statutory provisions. In addition, manufacturer warranties from the third-party component manufacturers may apply; however, these do not establish an independent claim against the Provider.

(3) The Provider is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.

(4) In cases of slight negligence, the Provider is only liable if a material contractual obligation (cardinal obligation) is violated. In this case, liability is limited to the typically foreseeable damage.

(5) Any further liability of the Provider is excluded.

§ 10 Electrical and Electronic Equipment / Disposal Notice

(1) Electrical and electronic devices and components from third-party manufacturers may be integrated into the Provider's products. These devices are sold under the respective manufacturer's brand and are subject to the registration and take-back obligations of the respective manufacturer according to the German Electrical and Electronic Equipment Act (ElektroG).

(2) The Customer is obliged to dispose of old electrical and electronic devices and components properly at the end of their service life. Disposal via household waste is prohibited. Returns are made via the take-back systems provided by the respective manufacturer or municipal collection points.

§ 11 Data Protection

The Provider processes the customer's personal data exclusively for contract execution and on the basis of the relevant data protection regulations. Further details are regulated in the Provider's data protection declaration, which can be accessed on the website.

§ 12 Online Dispute Resolution and Consumer Dispute Resolution

(1) The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/

(2) The Provider is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the consumer is not deprived of the protection of mandatory provisions of his home country.

(2) The place of jurisdiction for all disputes arising from contracts with entrepreneurs is Essen.

(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

(4) The Provider reserves the right to amend these GTC with effect for the future. The Customer will be informed of changes in due time.

 

KITCUCINA GmbH
Rüttenscheider Pl. 3
45130 Essen
contact@kitcucina.com
www.kitcucina.com