Terms of service

Terms and Conditions (T&C)

1. Scope of Application
These Terms and Conditions (T&C) apply to all contracts concluded via our online store between us, the

and you as our customer. The T&C apply regardless of whether you are a consumer, entrepreneur or merchant.

All agreements made between you and us in connection with the purchase contract result in particular from these T&C, our written order confirmation and our declaration of acceptance.

The version of the T&C valid at the time of conclusion of the contract shall be authoritative.

We do not accept any deviating terms and conditions. This shall also apply if we do not expressly object to their applicability.

2. Order Process and Conclusion of Contract
The presentation and advertising of articles in our online store does not constitute a binding offer to conclude a purchase contract.

You can select goods from our range, especially socks, and collect them in a so-called virtual shopping cart by clicking the button “Add to cart”. By clicking the button “Pay now” you place a legally binding order to purchase the goods in the shopping cart. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, according to section 3 of these T&C, remains unaffected.

You can change and view the data at any time before completing the order. However, the order can only be placed and transmitted if you have accepted these T&C by checking the box “Accept T&C” and thereby included them in your order.

We will immediately confirm the receipt of your order placed via our online store by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.

A contract is only concluded when we accept your order by a declaration of acceptance or by delivery of the ordered items.

If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we refrain from a declaration of acceptance. In this case a contract is not concluded. We will inform you of this immediately and refund any consideration already received without undue delay.

3. Right of Withdrawal
If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.

If you make use of your right of withdrawal as a consumer, you shall bear the regular costs of the return shipment.

For all other aspects of the right of withdrawal, the regulations apply, which are reproduced in detail in the following

***Withdrawal Notification***

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 or a third party named by you, who is not the carrier, have or has taken possession of the goods.

To exercise your right of withdrawal, you must send us (Lindify UG (haftungsbeschränkt), Breite Straße 2, 70173 Stuttgart, Germany, e-mail: contact@kyuone.com) by means of a clear declaration (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

***End of Withdrawal Notification***

The right of withdrawal does not apply to goods that are not suitable for return for reasons of hygiene if their seal has been removed after delivery.

We inform you about the sample withdrawal form in accordance with the statutory provisions as follows:

***Sample Withdrawal Form***

If you wish to withdraw from the contract, please fill out and return this form.

(*) Delete where not applicable

***End of Sample Withdrawal Form***

4. Delivery Terms
We are entitled to make partial deliveries as far as this is reasonable for you.

The delivery period for shipments within Germany is two to five (2-5) and within the European Union three to seven (3-7) working days, unless otherwise agreed. It begins with the conclusion of the contract. For deliveries to countries outside the European Union, the delivery period is generally five to fifteen (5-15) business days, but there may be additional delays due to possible customs procedures.

Within the EU, delivery is duty-free. For deliveries to countries outside the EU, you are responsible for any customs duties, taxes and other fees.

5. Prices and Shipping Costs
All price quotations in our online store are gross prices including the statutory VAT and do not include shipping costs.

The shipping costs are indicated in our price quotations in our online store. The price including VAT and applicable shipping costs will also be displayed in the order mask before you submit the order.

If we fulfill your order by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

If you effectively withdraw from the contract in accordance with clause 3, you may, under the statutory conditions, demand reimbursement of any costs already paid for shipment to you (delivery costs) (see clause 3 for other consequences of revocation).

6. Payment modalities, Set-off and Right of Retention
In our online store, the following payment methods are generally available to you:

You are not entitled to offset against our claims unless your counterclaims are legally established or undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.

As the purchaser, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

7. Retention of Title
The delivered goods remain our property until full payment of the purchase price.

8. Electronic Communication
You agree that contract-related communication may be in electronic form. We will send electronic invoices by e-mail in PDF format.

9. Warranty
We are liable for material defects or defects of title of delivered goods according to the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

Any warranties given by us for certain articles shall be in addition to claims based on material defects or defects of title. Details of the scope of such guarantees can be found in each case with the article and on special information pages in the online store.

10. Liability
We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

In other cases, we shall only be liable - unless otherwise stipulated below - in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which you as the customer may regularly rely on (so-called cardinal obligation), and this shall be limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the following provision.

Our liability for damages arising from injury to life, body or health and under the German Product Liability Act (ProdHaftG) shall remain unaffected by the above limitations and exclusions of liability.

11. Applicable Law and Place of Jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made.

If you are a merchant or entrepreneur and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is Stuttgart. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

Should any provision of these T&C be invalid, the remainder of the purchase contract shall remain valid.

We are legally obliged under Article 14 (1) of Regulation (EU) 524/2013 on Online Dispute Resolution in Consumer Disputes (ODR Regulation) to refer you to the European Online Dispute Resolution platform (ODR platform) of the European Commission. You can reach it at http://ec.europa.eu/odr. We neither participate in any dispute resolution proceedings before a consumer arbitration board, nor are we obliged to do so.