General Terms and Conditions for Private Customers

1. Scope of Application

1.1. We are Kazi Yetu UG, Stegelkoppel 12, 23560 Lübeck, Germany (“Kazi Yetu”).

1.2. The following General Terms and Conditions of Sale (“GTC”) are applicable to consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB) that are end users of our products (“Customer” or “You”).

1.3. Any terms and conditions of you which deviate from these GTC shall not be valid and are expressly rejected. This shall also apply even if Kazi Yetu carries out the delivery without reservation in the knowledge of your terms and conditions.

1.4. The language of the contract is English.

2. Orders and Conclusion of Contract

2.1. By clicking on the button “PLACE ORDER” or “PROCEED TO PAYPAL” you make a binding order to Kazi Yetu for the purchase of the goods in your cart (offer). However, the offer can only be made if you have previously accepted these GTC.

2.2. You will then receive an automatically generated confirmation of receipt of your order by e-mail. The confirmation of receipt contains a list of the goods ordered and does not constitute acceptance of your offer.

2.3. The contract shall not be concluded until Kazi Yetu has submitted a declaration of acceptance. You will receive a declaration of acceptance (with your order invoice) with a separate e-mail or together with the confirmation of dispatch, but at the latest the delivery of the goods will conclude the contract (acceptance). If you do not receive any form of declaration of acceptance within seven working days from receipt of your order, no contract shall be concluded. This shall apply in particular if goods are permanently unavailable at the time of your order. In this case, Kazi Yetu will inform you and refund any payments of the purchase price already made by you immediately after the notification.

2.4. Details of the goods and prices prior to conclusion of the contract are subject to change and non-binding.

2.5. The product illustrations do not always have to match the actual appearance of the delivered goods. Likewise, changes in the appearance and equipment of goods may occur following product range renewals.

3.   Personal Customer Online Account

3.1. Kazi Yetu offers the possibility to set up a customer account. When you register for a customer account, you must provide an e-mail address and a password of your own choice (“login details”). You undertake to use an e-mail address that you are authorised to use. Kazi Yetu will save your personal details like first and last name, delivery/invoice address and a telephone number you have used during the ordering process.

3.2. The login details shall not be passed on to third parties and must be stored securely and inaccessible to unauthorised persons. Kazi Yetu must be notified immediately of the loss or knowledge of the access data by third parties. The customer is liable in accordance with the statutory provisions for any culpable misuse of his access data by third parties, e.g. for orders and the resulting claims.

4. Newsletter

Kazi Yetu provides a newsletter to which the customer can subscribe. Your consent to receive the newsletter can be revoked at any time (by e-mail to hello@kazi-yetu.com or by clicking on the unsubscribe link which you find at the bottom of each newsletter). The newsletter is sent in accordance with the privacy policy and to advertise goods and the idea of Kazi Yetu.

5. Prices and Shipping Costs

5.1. All prices quoted in Kazi Yetu’s online shop include the applicable statutory value added tax (“VAT” or “MwSt.”).

5.2. All shipping costs must be paid by you. The shipping costs will be displayed to you before you can submit your binding offer.

5.3. If customs and import duties are to be paid during shipping, you have to bear these costs.

5.4. If you have purchased several goods Kazi Yetu may dispatch those products in separate deliveries, provided that we shall bear any additional shipping costs. Your statutory rights in relation to the timely and proper delivery shall not be affected thereby.

5.5. The shipment will be carried out by a carrier selected by Kazi Yetu to your shipping address. If the service is available, you will receive a tracking code of your order with the confirmation of dispatch.

6. Delivery and Transfer of Risk

6.1. Kazi Yetu is obliged to properly and timely deliver the product to the carrier and Kazi Yetu shall not be responsible for any delays caused by the carrier. Any transit time specified by Kazi Yetu is non-binding and Kazi Yetu does expressly not agree on any binding delivery time. You will be informed during the ordering process about the current availability of the goods and we will display an approximate delivery time.

6.2. If goods delivered or the packaging should show obvious defects when they are delivered to you, you have to indicate these defects immediately to the carrier and Kazi Yetu. Of course, any failure to do so shall have no consequences for any consumer’s right and statutory claims.

6.3. If you are a consumer the risk of accidental destruction, damage or loss of the goods delivered shall pass to you only upon delivery of the goods or upon your default of acceptance.

6.4. If you ordered any goods as an entrepreneurs (§ 14 BGB), the following shall further apply: (a) Our obligation is limited to the dispatch of the product, such risk shall pass to you upon delivery of the product by us to the carrier. (b) You have promptly upon delivery to inspect the goods with due care. The delivered goods shall be deemed to be approved by you unless the defect is notified to Kazi Yetu (i) in case of any obvious fault within a period of five business days upon delivery or (ii) otherwise within five business days from the day when the fault has been identified. 

7. Payment

7.1. You can use one of the payment methods indicated during the ordering process (Credit Card or Paypal).

If the payment service provider “PayPal” is used, the time of payment corresponds to the time of the order. The payment shall be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at www.paypal.com. This requires, among other things, that the customer opens a PayPal account or already has such an account.

7.2. You are only entitled to offsetting and retention rights if your counterclaims have been legally established, are undisputed or have been recognised by Kazi Yetu. You have no right of retention in the case of partial performance in accordance with § 320 para. 2 BGB. In any event of complaints of defects, payments by you may only be withheld to an extent pro rata to the alleged defects.

8. Warranty

Kazi Yetu is liable for any faults of the goods at the time of the transfer of risk in accordance with the applicable statutory provisions.

9. Liability

9.1. Claims for damages of the customer are excluded. The foregoing limitation of liability shall not apply where Kazi Yetu has mandatory liability, in particular under the

(i) Product Liability Act,

(ii) in cases of intent and gross negligence by Kazi Yetu

(iii) for injury to life, body and health,

(iv) due to the assumption of a guarantee or due to fraudulent misrepresentation, or

(v) if the damage was caused by the breach of an obligation of Kazi Yetu, the fulfilment of which is a requirement for the proper performance of the contract and on the observance of which the customer regularly relies and may rely (cardinal obligation).

Kazi Yetu’s liability in the cases of the aforementioned i) to iv) is unlimited in amount. Otherwise, the claim for damages is limited to the foreseeable damage typical for the contract.

9.2. Insofar as the liability of Kazi Yetu is excluded or limited, this shall also apply to the personal liability of employees, representatives and subcontractors.

10. Oligations of the Customer

You are obliged to carefully read and observe product, consumption and warning instructions for delivered goods before use.

11. Right of Withdrawal

11.1. Consumers have the right of withdrawal from contracts if you order any goods from an online shop as per the terms below.

For all orders via the online shop, Kazi Yetu grants, if you order as entrepreneur (§ 14 BGB) a voluntary right to return under the same conditions as consumers.

11.2. Please consider that any right of withdrawal does not apply by law to contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded (§ 312g para. 2 no. 2 BGB) and for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (§ 312g para. 2 no. 3 BGB). All of the goods of Kazi Yetu are covered by a seal.

However, please be advised that there are further reasons for exclusion of the right to change your mind according to § 312g para. 2 BGB.

11.3. Right to Withdraw from a Contract:

Right of Withdrawal Policy Right of withdrawal You have the right to withdraw from this contract within fourteen (14) days without giving reasons. The withdrawal period is fourteen (14) days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods. In order to exercise your right to withdraw from the contract you must inform Kazi Yetu (Kazi Yetu UG, Stegelkoppel 12, 23560 Lübeck, Germany) by means of a clear statement (e.g. a letter, fax or email) of your decision to withdraw from this contract. You may use the attached model right of withdrawal form, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the withdrawal form of the exercise of the right to withdraw from the contract before the end of the withdrawal period. Consequences of the right of withdrawal If you withdraw from this contract, Kazi Yetu shall reimburse you for all payments Kazi Yetu has received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the standard delivery offered by Kazi Yetu), immediately and no later than fourteen (14) days from the date on which we receive notice of the execution of your right. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods to us (Kazi Yetu UG, Friedrich-Scholer-Str. 13/4, 70469 Stuttgart, Deutschland) immediately and in any event no later than fourteen (14) days from the date on which you notify Kazi Yetu about that you exercised your right to withdraw from the contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen (14) day period. You shall bear the direct costs of returning the goods. You shall only be liable 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 their condition, qualities and functionality.

11.4. Sample Form for Executing the Right of Withdrawal:

Sample Right of Withdrawal Form (If you want to execute your right to withdraw from the contract, please fill out this form and send it back to Kazi Yetu). To: Kazi Yetu UG, Stegelkoppel 12, 23560 Lübeck, Germany I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) Ordered on (*)/received on (*) ________________________________ Name of the consumer(s) ________________________________ Address of the consumer(s) ________________________________ Signature of the consumer(s) (only in the case of notification on paper) ________________________________ Date ________________________________ (*) Delete as applicable.

12. Statute of Limitation

Claims for warranty for defects and claims for damages on other legal grounds shall be statute-barred after 12 months from the statutory commencement of the limitation period in deviation from § 438 para. 1 No. 3 BGB. This period shall not apply if longer periods are prescribed by law. This is the case if Kazi Yetu is liable due to intent and gross negligence, in case of damages resulting from injury to life, body or health, as well as according to the Product Liability Act and due to a guarantee or for fraudulent intent.

13. Alternative Dispute Resolution

Kazi Yetu is neither obliged nor willing to take part in dispute settlement proceedings before a consumer arbitration board. More information you can get on the platform of the EU Commission for online dispute resolution https://www.ec.europa.eu/consumers/odr.

14. Applicable Law

These GTC are subject exclusively to German law to the exclusion of the UN Convention on the International Sale of Goods (CISG). If you ordered as an entrepreneur the courts in Lübeck shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract.

15. Data Protection

All personal data from the respective business relationship, which are necessary to fulfil the purpose of the contract, will be collected, processed, used in a lawful manner, in good faith, and will only be passed on to third parties involved in the execution of the contract in accordance with the statutory provisions.

Details on the collection, processing and use of personal data you can find in the data protection information on the website.

16. Written Form

Agreements that amend or cancel these GTCs upon conclusion of the contract must be made in writing. This also applies to the waiver of the written form requirement.

17. Severability Clause

Should one of the above provisions be or become void, the respective legal regulation shall be applicable and the validity of the other provisions shall remain unaffected.