GENERAL TERMS AND CONDITIONS

OVERVIEW

This website is operated by K&K Solutions GmbH. Throughout the site, the terms "we", "us" and "our" refer to K&K Solutions GmbH. K&K Solutions GmbH offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you are using our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms"), including the additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Website, including but not limited to users who are visitors, vendors, customers, merchants and/or content creators.

Please read these terms and conditions carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms and conditions. 

Any new features or tools added to the current shop will also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page regularly for any changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our shop is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - TERMS AND CONDITIONS FOR THE ONLINE SHOP

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and have given us your consent to allow your minor dependents to use this website.

You may not use our products for any illegal or unauthorised purpose, nor may you use the Service in violation of any laws in your jurisdiction (including, but not limited to, copyright laws).

They must not transmit any worms or viruses or other code of a destructive nature.

Violation or breach of any of these terms will result in immediate cancellation of your services.

 

SECTION 2 - GENERAL CONDITIONS

 We reserve the right to refuse service to any person at any time for any reason.

 You acknowledge that your information (other than credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks.

 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service, or any contact on the Site through which the Service is provided, without express written permission from us.

 The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 We are not responsible if the information provided on this site is not accurate, complete or current. The material on this website is for general information purposes only and should not be relied upon or used as the sole basis for making decisions without checking primary, more accurate, more complete or more up-to-date sources of information. Any reliance you place on the material on this website is strictly at your own risk.

 This page may contain certain historical information. Historical information is not necessarily current and is provided for your guidance only. We reserve the right to change any content on this website at any time, but we are under no obligation to update any information on our website. You agree that you are responsible for monitoring changes to our website.

 

SECTION 4 - CHANGES TO THE SERVICE AND PRICES

Prices for our products are subject to change without prior notice.

 We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

 Shopify shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES

 Certain products or services may only be available online through the Website. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our Return Policy.

 We have made every effort to display the colours and images of our products that appear in the shop as accurately as possible. We cannot guarantee that your computer screen will display every colour correctly.

We reserve the right, but are not obligated, to limit the sale of our products or services to certain individuals, geographic regions or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF INVOICE AND ACCOUNT INFORMATION

 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed from or under the same customer account or credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.

 For further details, please read our returns policy.

 

SECTION 7 - ADDITIONAL TOOLS

We may provide you with access to third-party tools that we cannot monitor, control or influence.

 You agree that we provide access to these tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We assume no liability whatsoever arising from or related to your use of additional third-party tools.

 Any use of additional tools offered through the Website is at your own risk and discretion and you should ensure that you are familiar with and agree to the terms on which the tools are made available by the relevant third party provider(s).

 We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

 

SECTION 8 - THIRD PARTY LINKS

 Certain content, products and services available through our Service may include materials from third parties.

 Third party links on this website may take you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy, and we do not warrant and will not have any liability or responsibility for any materials or websites or for any other materials, products or services of third parties.

 We are not liable for any damages incurred in connection with the purchase or use of goods, services, resources, content or other transactions made in connection with third-party websites. Please read the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third-party provider.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 If, at our request, you send certain submissions (e.g. contest entries) or without being requested to do so by us, you send creative ideas, suggestions, proposals, plans, or other materials online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time and without restriction, edit, reproduce, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.

We may, but are not obligated to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party's intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third party, including but not limited to copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous, defamatory or otherwise unlawful, abusive, hateful or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website or application. You must not use a false e-mail address, impersonate other people or mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We are not responsible or liable for any comments posted by you or any third party.

 

SECTION 10 - PERSONAL DATA

 The transmission of personal data via the shop is subject to our privacy policy. Please read our privacy policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

 Occasionally our site or service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is incorrect at any time without prior notice (including after you have submitted your order).

 We undertake no obligation to update, amend or clarify any information relating to the Service or on any related website, including, but not limited to, pricing information, except as required by law. Any update dates indicated with respect to the Service or on any related website should not be construed to indicate that all information with respect to the Service or on any related website has been changed or updated.

 

SECTION 12 - PROHIBITED USES

 In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Site or its Content for any of the following:(a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, state, provincial or federal regulations, rules, laws or local ordinances; (d) to interfere with or infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, libel, slander, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to provide false or misleading information;

(g) to upload or transmit viruses or any other type of harmful code that in any way affects the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.

 

SECTION 13 - EXCLUSION OF LIABILITY; LIMITATION OF LIABILITY

 We assume no guarantee, responsibility or warranty that the use of our service will be uninterrupted, timely, secure or error-free.

 We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

 You agree that we may from time to time remove the Service indefinitely or discontinue the Service at any time without notice to you.

You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services offered to you through the Service are (unless expressly stated by us) provided to you "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title or non-infringement.

In no event shall K&K Solutions GmbH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, loss of data, replacement costs or similar damages, whether based on contract, tort (including negligence) or strict liability, or otherwise arising out of or in connection with the use of the Service or any products obtained through the Service, tort (including negligence) or strict liability, or otherwise arising out of the use of the Service or any products obtained through the Service, or for any other claim in any way related to the use of the Service or any product, including but not limited to errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or products) posted, transmitted or otherwise made available via the Service, even if advised of the possibility thereof.

Because some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - COMPENSATION

 You agree to indemnify, defend and hold harmless K&K Solutions GmbH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY CLAUSE

 If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms and Conditions, such determination shall not affect the validity and enforceability of any remaining provisions.

 

SECTION 16 - CANCELLATION

 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

 These Terms and Conditions are effective until cancelled by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services or if you stop using our website.

If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any provision of these Terms and Conditions, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or we may deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

 The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

 These Terms of Service, together with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.

 

 SECTION 18 - APPLICABLE LAW

 These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Wundtstr. 65, Berlin, Berlin, 14057, Germany.

 

 SECTION 19 - AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

 You can view the latest version of the General Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website regularly for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. 

 

SECTION 20 - CONTACT DETAILS

 Questions about the General Terms and Conditions should be sent to us at vk@kksolutions.berlin.

K&K Solutions GmbH Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you use or make a purchase from https://topinambur.shop/ (the "Site").

 PERSONAL DATA COLLECTED BY US

 When you visit the Website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone and some of the cookies that are installed on your device. When you browse the Website, we also collect information about the individual web pages or products you view, the websites or search terms that brought you to the Website, and information about how you interact with the Website. We refer to this automatically collected information as "device information".

 We collect device information using the following technologies:

   - "Cookies" are data files that are stored on a device or computer and often contain an anonymous unique identifier. Further information about cookies and how to disable cookies can be found at http://www.allaboutcookies.org.

   - "Log files" record actions on the website and collect data such as IP address, browser type, internet service provider, referring/exit pages and date/time stamps.

   - "Web beacons", "tags" and "pixels" are electronic files used to collect information about how you navigate the website.

   When you make a purchase or attempt to make a purchase on the Site, we also collect certain information about you. This includes your name, billing address, shipping address, payment information (including credit card numbers, debit card numbers, email address and phone number.  We refer to this information as "order information".

 In this privacy policy, "personal data" refers to both device information and order information.

 

HOW DO WE USE YOUR PERSONAL DATA?

 We generally use the order information we collect to fulfil orders we receive through the Site (including processing your payment information, providing shipping and sending invoices and/or order confirmations).

  We also use this order information to:

 Communication with you;

Checking our orders for potential risks or fraud and

 Providing you with information or advertising in connection with our products or services, provided this is in accordance with your privacy settings.

We use the device information we collect to check for potential risks and fraud (in particular your IP address) and generally to improve and optimise our website (e.g. by analysing the navigation behaviour of our customers and their interaction with the website and to assess the success of our marketing and advertising campaigns).

 

DISCLOSURE OF YOUR PERSONAL DATA

 We share your personal data with third parties who assist us in using your personal data as described above.  For example, we use Shopify to operate our online shop. You can find more information about how Shopify uses your personal data here: https://www.shopify.com/legal/privacy.  We also use Google Analytics to understand how our customers use the website. You can find more information about how Google uses your personal data here: https://policies.google.com/privacy?hl=de.  You can deactivate Google Analytics here: https://tools.google.com/dlpage/gaoptout.

 Finally, we may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

 

BEHAVIOURAL ADVERTISING

 As described above, we use your personal data to provide you with targeted advertising or marketing communications that we believe may be of interest to you.  For more information about how targeted advertising works, please visit the Network Advertising Initiative ("NAI") education page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

 

You can deactivate targeted adverts here.

    FACEBOOK - https://www.facebook.com/settings/?tab=ads

   GOOGLE - https://www.google.com/settings/ads/anonymous

   BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

In addition, you can deactivate some of these services via the Digital Advertising Alliance's opt-out portal: http://optout.aboutads.info/.

 

DO NOT TRACK

 Please note that if we receive a "Do Not Track" signal from your browser, we will not change our website's data collection and use practices.

YOUR RIGHTS

 If you are a European resident, you have the right to access the personal data we hold about you and to request that it be corrected, updated or deleted. If you wish to exercise this right, please contact us using the contact details below.

If you are located in Europe, please also note that we may process your information to fulfil contracts with you (for example, if you place an order through the Site) or to pursue our legitimate business interests listed above.  Please also note that your data will be transferred outside of Europe, including Canada and the United States.

 

 DATA RETENTION

 If you place an order through the Website, we will retain your order information for our records unless you ask us to delete this data.

 

 CHANGES

 We may change this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal or regulatory reasons.

 

CONTACT

 If you require further information about our privacy practices, have questions or wish to make a complaint, please contact us by email at vk@kksolutions.berlin or by post at the address below:

 Wundtstr., 65, Berlin, Berlin, 14057, Germany

RETURNS

Our return policy is valid for 30 days. If your purchase is more than 30 days old, we regret that we cannot offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition in which you received it. The item must also be in its original packaging and unopened.

Some items are completely excluded from return. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or hygiene items, hazardous materials or flammable liquids or gases.

Furthermore, the following items cannot be returned:

* Gift vouchers

* Software products for download

* Some health and body care products

To finalise your return, we require a receipt or proof of purchase.

Please do not return the purchased items to the manufacturer.

In certain situations, only partial refunds are granted (if applicable)

* Books with obvious signs of use

* CDs, DVDs, VHS tapes, software, video games, cassettes or vinyl discs that have been opened.

* Items that are no longer in their original condition, are damaged or are missing parts for reasons that are not due to our error.

* Items that are returned after 30 days from delivery.

Refunds (if applicable)

Once we have received and checked your return, we will send you an email to inform you that we have received the item you have returned. We will also inform you of the approval or rejection of your refund.

Once your refund has been authorised, it will be processed. After a few days, your credit card or original payment method will be credited automatically.

Delayed or missing refunds (if applicable)

If you have not yet received a refund, first check your bank account again.

Then contact your credit card company. It may take some time before your refund is credited.

The next step is to contact your bank. There is often a processing time before a refund is credited to your account.

If you have done all of this and still have not received a refund, please contact us at vk@kksolutions.berlin.

Offer item (if applicable)

Refunds can only be made for regular priced items, unfortunately special offer items are excluded from refunds.

Exchange (if applicable)

Exchanges will only be granted for defective or damaged items.  If you wish to exchange an item for the same item, please email us at vk@kksolutions.berlin and send the item to: Wundtstr. 65, Berlin, Berlin, 14057, Germany. 

Gifts

If the item was labelled as a gift at the time of purchase and sent directly to you, you will receive a voucher for the value of the purchase when you return the item. As soon as we have received the returned item, you will receive a voucher by e-mail. 

If the item was not labelled as a gift at the time of purchase or sent to the person giving the gift, the refund will be made to the person giving the gift and the person giving the gift will be informed of the return.

Shipping

To return your product, you should send your product to: Wundtstr. 65, Berlin, Berlin, 14057, Germany.

You must bear the shipping costs for returning your item yourself. Shipping costs cannot be refunded. If you receive a refund, the shipping costs for the return will be deducted from your refund.

The time it takes for the exchanged item to reach you may vary depending on your country of residence.

If you are sending an item worth over £75, you should consider using a tracked shipping service or taking out shipping insurance. We cannot guarantee that we will receive the item you have returned.

How we can help you?

Angaben gemäss § 5 tm:

K&K Solutions GmbH
Wundtstr. 65
14057 Berlin

Handelsregister: HRB 123496 B
Registergericht: Amtsgericht Berlin-Charlottenburg

Geschäftsführer: Elena Korzhov

Umsatzsteuer-Identifikationsnummer gemäß §27 a Umsatzsteuergesetz:

DE269120832