As part of this platform, kitchenplanner.net acts exclusively as an intermediary between the customers and the kitchen partners. kitchenplanner.net does not sell its own kitchens and accessories and does not provide any corresponding services such as installation or maintenance, etc.
1. Scope of validity
1.1. With each order via this platform, the contract for the sale of the respective kitchen together with accessories or corresponding services arises exclusively between the customer and the respective kitchen partner. The regulations and conditions listed below are therefore exclusively valid for the brokering activities of kitchenplanner.net and have no influence on the regulations and conditions, at which the sale of the mediated kitchen together with accessories and corresponding services take place. The respective terms and conditions of each kitchen partner should hereby be referred in particular.
1.2. The selected kitchen, accessories, goods and/or services may also be subject to special rules and restrictions. In such cases, the customer will be notified separately prior to placing an order or making a purchase.
2. Services of kitchenplanner.net (Mediation task)
2.1. kitchenplanner.net is an Internet portal relating to the kitchen/fitted kitchen and the services of kitchenplanner.net are free for the customer. However, these customers are not entitled to constant availability of our services.
2.2. By filling out the given information fields and completing the ordering or purchasing process, the customer commissions kitchenplanner.net to undertake a purchase of a kitchen including accessories or any other service provision related to the purchase, which is provided by a third kitchen partner.
3. Login areas
3.1. Areas in kitchenplanner.net that require login are password protected. Access to these pages is only possible for registered customers.
3.2. kitchenplanner.net can revoke the access authorisation by blocking the access data at any time, taking into account the legitimate interests of a registered customer, without it being necessary to give reasons, in particular if the customer has provided incorrect information during registration. The same applies if the customer has violated these rules or has not used kitchenplanner.net for a long period of time.
3.3. After successful login, the customer can manage their data and requests for offers. The customer guarantees for his data set virus-free, freedom from any malicious code and other manipulation attempts and gives assurances that they do not violate copyright and competition law with this data. The customer is liable for damages if they violate these provisions.
3.4. The customer can request the deletion of their personal data at any time.
4. Cancellation policy
4.1 Right of cancellation
The following provisions apply for consumers within the meaning of § 13 of the German Civil Code:
The customer can cancel the registration within two weeks without giving reasons in writing (for example, by letter, fax or email). The term begins with the activation of the membership but no earlier than with the receipt of this policy.
The period begins upon receipt of this policy in written form but not before the contract has been concluded and also not before the fulfilment of our information obligations pursuant to § 312c, Paragraph 2 of the German Civil Code (BGB) in conjunction with §1 Paragraph 1, 2 and 4 German Civil Code-Information Ordinance. The sending of the cancellation in good time is sufficient for compliance with the cancellation deadline. The cancellation must be sent to: KüchenAtlas Portal Betriebs GmbH, Fürstenrieder Str. 5, 80687 München, e-mail: firstname.lastname@example.org
4.2 Premature lapse of the right to cancellation
The right to cancellation expires pursuant to § 312d Paragraph 3 BGB (German Civil Code) already before the expiry of the two-week cancellation period if kitchenplanner.net has started the performance of the service provisions with the explicit consent of the customer or if the customer has arranged the performance of the services themselves.
4.3. Consequences of cancellation
In the case of an effective withdrawal, the mutually received services shall be returned within the framework of the statutory regulations and any drawn benefits (for example, interest) shall be surrendered. If the customer cannot return to kitchenplanner.net the received services or only partially or only in deteriorated condition, they must pay compensation for the value. The member must fulfil obligations to reimburse payments within 30 days after submission of their declaration of cancellation.
5. General business terms conditions of third party kitchen partners
5.1 Each order made via the platform constitutes an offer to conclude a contract with the respective kitchen partner with regard to the selected kitchen as well as accessories and/or other provisions. If this provision is still available and a contract between the kitchen partner and the customer comes about, then the General business terms and conditions of each kitchen partner are also part of the contract. Liability, cancellation, re-purchase and re-payment (where applicable), terms of payment, agreements on due dates and other restrictions may be regulated herein.
5.2. Furthermore, kitchenplanner.net cannot guarantee that a special request, which a customer has specified as a request when ordering, will be met by the selected kitchen partner.
6. Limitation of liability by kitchenplanner.net
6.1 With regard to the individual details of the kitchens and accessories, kitchenplanner.net relies on the information kitchenplanner.net receives from the respective kitchen partner. In this context, kitchenplanner.net has no way of checking this information for accuracy. kitchenplanner.net therefore gives no guarantees or assurances to you as to the accuracy, completeness or timeliness of this information. The same applies to all further information that is listed on this website and made available by other third parties. kitchenplanner.net is also not liable for the availability of the kitchen and accessories at the time of ordering or for the provision of services.
6.2. kitchenplanner.net is liable in principle for damages from the contract concluded here, in particular due to delay, the violation of advisory and contractual secondary obligations, pre-contractual obligations, the infringement of industrial property rights of third parties and unauthorised actions. kitchenplanner.net shall only be liable if the staff, vicarious agents or legal representatives of kitchenplanner.net acted intentionally or through gross negligence, the claims for damages arose due to a breach of an assumed guarantee or a duty that is essential for achieving the purpose of the contract (cardinal duty ).
6.3. As far as kitchenplanner.net is basically liable, the claim for damages is limited to the foreseeable damage. This limitation of the damage does not apply if the damage-causing event was caused intentionally or grossly negligently by an employee, vicarious agent or legal representative of kitchenplanner.net.
6.4. The above limitation of liability does not apply if the consequence of death or damage to body or health has occurred or in the case of statutory strict liability.
7. Order confirmations
The order placed is valid only at the time of being accepted by kitchenplanner.net, for which the customer has received the order confirmation. In addition, the customer is obliged to check the received order confirmation immediately for its accuracy and to advise kitchenplanner.net, if necessary, of any inaccuracies or deviations in comparison to the original order.
8. Link to the internet pages of the kitchen partners
8.1 This website contains links to third party websites ("external links"). These websites are subject to the liability and responsibility of the respective operator. kitchenplanner.net has checked the external content on the initial linking of the external links to determine whether any legal violations exist. At that time, no legal violations were evident. kitchenplanner.net has no influence on the current and future design and content of the linked pages. The placement of external links does not mean that kitchenplanner.net makes the content behind the reference or link into its own. A constant monitoring of these external links without specific indications of legal violations is not feasible for kitchenplanner.net. Nevertheless, such external links are immediately deleted in the event of legal violations becoming known.
8.2 kitchenplanner.net merely represents a mediation platform and is not the provider and seller of the discontinued goods. The customer who enters the pages cited under 8.1 gets into contact with these kitchen partners. The same applies to queries for quotations or quotation requests submitted by the customer, which the customer adjusts in the shop or obtains from the shop. Our kitchen partners are exclusively responsible for these offers and on ordering a contract is only made with this.
9. Online kitchen planner
The Online-Kitchenplanner may only be used by private individuals for personal use at their own risk. Commercial use is expressly prohibited. In the case of infringement, kitchenplanner.net may demand corresponding license fees as well as possibly an administration fee. We assume no liability for plans that are created from our kitchenplanner.net - online kitchen planner. This refers to all content such as dimensions, planning, furniture selection, colours and manufacturer names of all kinds. The online kitchen planner is just a playful tool, which allows at most a rough planning. kitchenplanner.net therefore recommends using plans created with the online kitchen planner as a basis for further professional advice.
10.1. The kitchenplanner.net website allows customers to review, for example, products, service providers or manufacturers. There is also the possibility to publish content. These reviews and content are not reviewed by kitchenplanner.net and may be inaccurate or misleading.
10.2. Customers are required to make only truthful statements in the submitted reviews and contents and the submitted evaluations must be presented objectively and without abusive criticism.
10.3. It is prohibited to submit incorrect reviews and to incorporate reviews that are not related to kitchenplanner.net or the goods and services offered on the platform.
10.4. The customer grants kitchenplanner.net an unrestricted right to publish on the platform the submitted reviews and presented content. In return, kitchenplanner.net publishes this for free. kitchenplanner.net can change review and contents to a new result in the case of a complaint of a kitchen partner and after clarification with the parties concerned.
11. Copyright and performance protection rights
The content published on this website is subject to German copyright and performance protection right. Any use not permitted by German copyright and performance protection right requires the prior written consent of kitchenplanner.net or respective rights owner. This also includes duplication, editing, translation, converting, reproduction or storage in databases or other electronic media and systems. The unauthorised duplication or forwarding of individual contents or entire pages is not permitted and is punishable by law. The presentation of our web pages in external frames is only allowed with written permission.
12. Liability, viruses
12.1. The content of this website has been created with the utmost care. Nevertheless, kitchenplanner.net accepts no responsibility for the accuracy, completeness or up-to-date nature of the content. The use of the contents of the website is at the risk of the customer.
12.2. Contributions marked by name or by customer name reflect the opinion of the respective author and not the opinion of kitchenplanner.net. With the pure use of the web pages of kitchenplanner.net, no contractual relationship between the customer and kitchenplanner.net is concluded.
13. Right of modification
kitchenplanner.net is entitled at any time to change or supplement these Conditions of Use. The customer has the right to object to such a change. If the customer does not object to the changed conditions within 6 weeks of receipt of the notification of change, these will become effective according to the announcement. kitchenplanner.net points out to the customer in writing or via e-mail at the beginning of the deadline period that the change notification is considered accepted if the customer does not object to it within 6 weeks.
14. final provisions
14.1. German law applies to the exclusion of international private law and the UN sales law incorporated into German law.
14.2. Jurisdiction for all disputes arising from or in connection with this contract, as far as the customer is a businessperson within the meaning of the law, Munich.
14.3. Should individual provisions of this contract be ineffective or unenforceable, the remainder of the contract shall not be affected thereby and shall remain effective and practicable insofar as it corresponds to the parties' alleged intention. In this case, instead of the ineffective or unenforceable provision, a provision comes into effect which comes closest to the will of the contracting parties existing in the agreement of the respective regulation. This applies accordingly in the event that this contract should contain any gaps.