1. Scope of these Terms and Conditions

1.1 KIESER DESIGN eK, owner Matthias Kieser, c/o Vectocon, Hausmannstr. 14, 63452 Hanau, (hereinafter "KIESER DESIGN" or "we" or "us") operates a website ("Website") and a web shop ("Web Shop") "https://www.kieserdesign.de" at the URL "https://www.kieserdesign.de" through which customers ("Customers") can obtain information about products primarily from the wristwatch segment ("Products") and subsequently purchase them.

1.2 The following General Terms and Conditions (hereinafter referred to as "GTC") in the version valid at the time of the order shall apply exclusively to the business relationship between KIESER DESIGN and the customer within the scope of the use of the website or webshop and the purchase of products. Deviating terms and conditions of the customer are not recognized unless KIESER DESIGN expressly agrees to their validity in writing.

1.3 The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his or her commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person, or partnership with legal capacity, who, when concluding the contract, acts in the exercise of his or her commercial or independent professional activity.

1.4 Our contact details are: KIESER DESIGN eK Owner Matthias Kieser c/o Vectocon Hausmannstr. 14 63452 Hanau Germany Email address: info@kieserdesign.de

2. Offer and conclusion of contract

2.1 The customer has the opportunity to view products from the Kieser Design portfolio on the website or in the webshop. These include products from the regular product range, such as Limited Editions or Core Editions, as well as unique pieces or individually produced small series.

By presenting and advertising products on the website or in the webshop, we do not constitute a binding offer to conclude a purchase contract for specific products. Customers acknowledge that the presentation of the products on the website is merely exemplary. Even if photographs and images of the products are shown, color distortions may occur, particularly due to the use of different display technologies and your individual display settings. The colors displayed on the screen may therefore differ slightly from the actual color of the products shown in product photos.

2.1.1 By clicking the "Buy" button during the ordering process, the customer submits a binding offer to purchase the items in the shopping cart. The contract is concluded when Kieser Design accepts the customer's offer by sending an order confirmation via email.

Together with our order confirmation, we send the customer our general terms and conditions, our data protection information and the cancellation policy.

2.1.2 To order custom-made individual pieces or small series, personal contact and clarification of the specific product design are required. The customer can, for example, submit a non-binding inquiry about their desired product via the contact form. This does not constitute a binding offer for the purchase and subsequent ordering of the product.

After submitting the order form, we will send the customer an automatic confirmation of receipt via email. This automatic confirmation merely confirms that KIESER DESIGN has received the customer's inquiry and does not constitute an offer.

We can then send the customer a binding offer for a binding and fee-based order of the product selected by the customer. This offer summarizes all relevant information, the nature of the product, the total price, the payment terms, and the expected delivery date.

Together with our offer, we send the customer our general terms and conditions, our data protection information and the cancellation policy.

The customer can accept this offer within five business days. The contract is only concluded when the customer notifies us of their acceptance in writing (email is sufficient).

If the customer has requested offers for multiple products, the customer will receive a separate confirmation of receipt for each individual product and, if applicable, a separate offer for each individual product. In this case, a separate purchase contract will be concluded for each individual product.

2.2 The data requested by KIESER DESIGN on forms must be provided completely and accurately. Customers are solely responsible for the accuracy of the data provided. The customer guarantees that they will comply with applicable laws when using the website. The customer is solely responsible for saving or printing information accessible via the website, communications with us, and messages, such as order confirmations, in a separate file on their computer.

2.3 The contract shall be concluded in German or, optionally, in English.

2.4 The contract text (consisting of the order, General Terms and Conditions, and order confirmation) will be sent to the customer on a permanent data medium (email or paper printout) upon delivery of the goods at the latest (contract confirmation). We do not store the contract text.

3. Right of withdrawal for consumers

When concluding a distance selling contract, consumers generally have a statutory right of withdrawal, about which we inform you below in accordance with the statutory model (see Appendix 1).

The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3).

Note: The statutory right of withdrawal applies exclusively to consumers residing within the European Union.

4. Delivery, availability of goods

4.1 If no copies of the selected product are available at the time the customer places their order, we will notify the customer immediately. We reserve the right to make design, color, technical changes, and/or printing errors.

If the product is permanently unavailable, we will not send the customer an order confirmation. In this case, a contract will not be concluded. We are entitled to make partial deliveries if this is reasonable for the customer.

4.2 The goods will be delivered by mail. The customer can also pick up the goods. We bear the shipping risk if the customer is a consumer. Delivery periods and delivery dates are specified in our offer.

4.3 The following delivery restrictions apply: We only deliver to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany and all member states of the European Union as well as in other countries according to our shipping list.

In addition, we only ship to other countries after prior consultation. We reserve the right to make changes at short notice, for example, if legal requirements change or our logistics partner changes its geographical delivery options. The current country selection in our webshop applies.

5. Retention of title

The delivered goods remain the property of Kieser Design until full payment has been received. Claims from resold goods shall be transferred to us in the amount of the original invoice.

We will only deliver the goods after full payment has been received.

6. Prices, shipping costs and other costs

Every customer pays the same net price for the same product, regardless of their country of origin.

As Kieser Design, we have no influence on any customs duties, import taxes, or local taxes. Furthermore, we are legally obligated to display all our products within the European Union including statutory German sales tax (19% VAT as of April 2025).

6.1 For sales within the European Union, the following applies: All prices stated on the website or in the webshop and in these General Terms and Conditions include the applicable statutory German VAT.

For sales outside the European Union, net prices apply. These are indicated as such. The respective country-specific sales taxes, as well as any customs duties and import taxes, apply upon import of the goods. These additional costs are to be paid by the end consumer/customer.

6.2 The purchase price and shipping costs are to be paid for purchases made via the web shop during the payment process using the selected payment method; in the case of purchases made on account, the payment must be made within two (2) weeks of receipt of our invoice at the latest. The goods will only be dispatched after full payment has been received.

6.3 Within Germany, Kieser Design bears the shipping costs. Outside Germany, shipping costs are based on our shipping list.

7. Terms of payment

7.1 Payments can be made by bank transfer.

7.2 We reserve the right to offer the customer alternative payment methods. These are listed in our online shop during the payment process.

8. Rights in the event of defects, warranty

8.1 We are liable for material and/or legal defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).

8.2 For businesses, the warranty period for goods delivered by us is 12 months.

8.3 An additional guarantee for the goods delivered by us only exists if this has been expressly stated in the order confirmation for the respective item.

9. Liability

9.1 Customer claims for damages are excluded. Excluded from this are customer claims for damages resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty on the part of KIESER DESIGNS, its respective legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

9.2 In the event of a breach of essential contractual obligations, KIESER DESIGN shall only be liable for the damages typical for the contract and foreseeable if these were caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.

9.3 The restrictions in paragraphs 1 and 2 shall also apply to the benefit of KIESER DESIGN’s legal representatives and vicarious agents if claims are asserted directly against them.

9.4 The limitations of liability resulting from paragraphs 1 and 2 shall not apply if KIESER DESIGN has fraudulently concealed the defect or has provided a guarantee for the quality of the item. The same applies if KIESER DESIGN and the customer have entered into an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.

10. Data protection

KIESER DESIGN complies with data protection regulations. The data protection declarations can be found under "Data Protection."

11. Final provisions

11.1 The European Commission provides a platform for online dispute resolution (ODR). This platform can be accessed via the external link https://www.ec.europa.eu/consumers/odr. KIESER DESIGN is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

11.2 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and has his or her habitual residence in another country at the time of the order, the application of mandatory legal provisions of that country remains unaffected by the choice of law set out in sentence 1.

11.3 If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and us shall be Hanau.

11.4 Should any provision of these General Terms and Conditions be or become invalid, the remaining provisions of the General Terms and Conditions shall remain in effect. Invalid or void provisions shall be replaced by provisions that achieve the same purpose, taking into account the interests of both parties. In all other respects, the relevant statutory provisions shall apply in place of the invalid provision.

11.5 Customer Service: If you have any problems, you can contact us using the form found under "Contact." For questions regarding registration, you can contact us by email: info@kieserdesign.de

KIESER DESIGN eK, as of April 28, 2025