1. Scope of these Terms and Conditions

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

1.2 The business relationship between KIESER DESIGN and the Customer in connection with the use of the Website or the Online Shop and the purchase of Products shall be governed exclusively by the following General Terms and Conditions (hereinafter "Terms") in the version valid at the time of the order. Deviating terms of the Customer shall not be recognized unless KIESER DESIGN expressly agrees to their validity in writing.

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

1.4 Our contact details are: KIESER DESIGN e.K., owner Matthias Kieser, c/o Vectocon, Hausmannstr. 14, 63452 Hanau, Germany. Email: info@kieserdesign.de

2. Offer and Conclusion of Contract

2.1 On the Website and in the Online Shop, the Customer can view products from the Kieser Design portfolio. These include, on the one hand, products from the regular product range, such as Limited Editions or Core Editions, and, on the other hand, one-of-a-kind pieces or small series made to individual customer specifications.

The presentation and advertising of products on the Website or in the Online Shop does 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 where photographs and images of the products are shown, the use of different display technologies and your individual display settings may in particular lead to distortions in color reproduction. The colors shown on the display may therefore deviate slightly from the actual color of the products shown in the product photos.

2.1.1 By clicking the "Buy" button in 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 means of an order confirmation sent by email.

Together with our order confirmation, we will send the Customer our General Terms and Conditions, our privacy policy and the cancellation policy.

2.1.2 For orders of individually made one-of-a-kind pieces or small series, personal contact and clarification of the specific design of the product are required. The Customer may, for example, submit a non-binding request for the desired product via the contact form. In doing so, the Customer does not yet submit a binding offer to order and purchase the product subject to payment.

After the order form has been submitted, we will send the Customer an automatic acknowledgment of receipt by email. The automatic acknowledgment of receipt merely documents that the Customer's request has been received by KIESER DESIGN and does not constitute an offer.

We may then send the Customer a binding offer for the order, subject to payment, of the product selected by the Customer. In this offer, we summarize all relevant data, the characteristics of the product, the total price, the payment terms and the expected delivery date.

Together with our offer, we will send the Customer our General Terms and Conditions, our privacy policy and the cancellation policy.

The Customer may accept this offer within five working 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 several products, the Customer will receive a separate acknowledgment of receipt and, where applicable, a separate offer for each individual product. In this case, a separate purchase contract is concluded for each individual product.

2.2 The data requested by KIESER DESIGN in forms must be provided completely and correctly. Customers are themselves responsible for the accuracy of the data provided. The Customer warrants that they will comply with applicable laws when using the Website. The Customer is responsible for saving information available via the Website, communications with us and messages, such as order confirmations, in a separate file on their computer or for printing them out.

2.3 The contract may be concluded in German or, alternatively, in English.

2.4 At the latest upon delivery of the goods, the contract text (consisting of the order, the Terms and the order confirmation) will be sent to the Customer on a durable medium (email or printout) (contract confirmation). We do not store the contract text.

3. Right of Withdrawal for Consumers

When concluding a distance contract, consumers generally have a statutory right of withdrawal, about which we provide information below in accordance with the statutory model (see Annex 1).

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

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

4. Delivery, Availability of Goods

4.1 If no copies of the product selected by the Customer are available at the time of the Customer's order, we will inform the Customer of this without delay. We reserve the right to make design, color and technical changes and to correct printing errors.

If the product is permanently unavailable, we will not send the Customer an order confirmation. In this case, no contract is concluded. We are entitled to make partial deliveries if this is reasonable for the Customer.

4.2 The goods are delivered by shipping. The Customer may also collect the goods. We bear the shipping risk if the Customer is a consumer. Delivery periods and delivery dates are based on the information in our offer.

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

In addition, we deliver to other countries only after prior consultation. We reserve the right to make changes at short notice, e.g. if the legal framework changes or our logistics partner changes its geographical delivery options. The current selection of countries in our Online Shop applies.

5. Retention of Title

The delivered goods remain the property of Kieser Design until full payment has been made. Claims arising from goods that have been resold are assigned to us in the amount of the original invoice amounts.

We only ship 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. In addition, we are legally obliged to state all our products within the European Union including the statutory German value added tax (as of 04/2025: 19%).

6.1 For sales within the European Union: All prices stated on the Website, in the Online Shop and in these Terms include the applicable statutory German value added tax.

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

6.2 When purchasing via the Online Shop, the purchase price and shipping costs are to be paid during the checkout process using the selected payment method; in the case of purchase on account, payment is due no later than two (2) weeks after receipt of our invoice. The goods are only shipped after payment has been received in full.

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

7. Payment Terms

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 checkout process.

8. Warranty Rights, Guarantee

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

8.2 For entrepreneurs, the warranty period for items delivered by us is 12 months.

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

9. Liability

9.1 Claims for damages by the Customer are excluded. Excepted from this are claims for damages by the Customer arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damage based on an intentional or grossly negligent breach of duty on the part of KIESER DESIGN, its 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 foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages arise from injury to life, body or health.

9.3 The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of KIESER DESIGN if claims are asserted directly against them.

9.4 The limitations of liability resulting from paragraphs 1 and 2 do not apply if KIESER DESIGN has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if KIESER DESIGN and the Customer have reached an agreement on the quality of the item. The provisions of the German Product Liability Act remain unaffected.

10. Data Protection

KIESER DESIGN complies with the statutory data protection provisions. The data protection declarations can be found under "Privacy Policy".

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 applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the Customer placed the order as a consumer and, at the time of the order, has their habitual residence in another country, the application of mandatory legal provisions of that country remains unaffected by the choice of law made 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 is Hanau.

11.4 Should any provision of these General Terms and Conditions be or become invalid, the remaining part of the General Terms and Conditions shall remain valid. Invalid or void provisions shall be replaced by provisions that are suitable for achieving the same purpose, taking into account the interests of both parties. Otherwise, the relevant statutory provisions shall apply in place of the invalid provision.

11.5 Customer service: In case of problems, the Customer can contact us via the form under "Contact". For questions regarding registration, the Customer can contact us by email: info@kieserdesign.de

KIESER DESIGN e.K., as of April 28, 2025