Just to make sure you know what to expect with us.
Just to make sure you know what to expect with us.
1.1 KIWI.KI GmbH, Wattstraße 11, 13355 Berlin, provides the services detailed on the online platform www.kiwi.ki and in the corresponding printed documents solely in accordance with the agreed contractual conditions, the specification of services, and the following KIWI.KI GmbH terms and conditions of business.
1.2 The KIWI.KI GmbH terms and conditions of business apply to any services you order via our online platform www.kiwi.ki or the written application form as well as by letter, fax, e-mail, or telephone.
1.3 The original contractual language is German.
2.1 Your contractual partner is:
KIWI.KI GmbH, represented by the managing directors Karsten Nölling (CEO) and Dr. Claudia Nagel, Wattstraße 11, 13355 Berlin, Germany
Our contact details:
2.2 Our company head office is in Berlin and is registered with Berlin District Court; commercial register no.: HR 140349 B; VAT ID no. DE283135472; WEEE reg. no. DE 24631320.
2.3 You can contact our customer service team in the following ways:
For commercial matters, complaints, and objections, our commercial customer service team is available by e-mail at [email protected].
For technical matters, complaints, and objections, you can contact our technical customer service team by e-mail at [email protected].
In addition, our customer service hotline is available from Monday to Friday between 9 a.m. and 5 p.m. on +49-30-609-838-383 (normal telephone rates apply for calls from German landlines) for commercial and technical matters.
We allow you to use our KIWI door entry system in accordance with our specification of services. Our product range includes KIWI Smart Entry for front entrance doors with a bell system, the KIWI Smart Lock for non-electrified doors, and the KIWI applications for managing the KIWI Ki and KIWI Klick transponders. KIWI Smart Entry or a KIWI Smart Lock is installed, depending on the type of door. Either a KIWI Ki or KIWI Klick is used to open the door. Alternatively, a KIWI App is used via a smartphone, smartwatch, tablet, or computer. The KIWI Portal and My KIWI are used to manage accounts and assign access rights.
4.1 The use of our services is subject to certain requirements as set out under § 5 below. The usage and license agreements therefore solely represent non-binding offers to make use of our services.
4.2 You make a legally binding offer to enter into a usage and/or license agreement, if you do one of the following:
a) Click on the “Buy now” button during the ordering process. You also have the opportunity to correct any erroneous entries during the ordering process. After completing the ordering process, you will initially be sent confirmation of receipt by e-mail, which does not yet represent acceptance of the usage and/or license agreement. The usage and/or license agreement is only formed once we have expressly confirmed acceptance of your order no later than four working days after completing it.
b) Send us the completed and signed application form. In this case, the usage and/or license agreement is formed when we confirm acceptance of your order by phone, in writing, or by e-mail.
4.3 The terms of the contract will be entered in your customer account and stored there.
In addition to concluding a usage agreement, the use of our KIWI door access system is based on the following assumptions:
a) You are at least 18 years of age.
b) You are legally in possession of a valid means of access as defined under § 7 below.
c) You have duly registered on our Internet platform, providing your full and correct details.
If you wish to enter into a usage agreement for KIWI Smart Entry, a further assumption is made that you will instruct us to install and operate the KIWI door sensor in your property’s doorbell system by entering into a separate license agreement. If you are not the owner of the property, but the tenant, leaseholder, or manager, you must be authorized by the owner to enter into the aforementioned agreement.
6.1 In order to use our KIWI door entry system, you must first set up a customer account on our online platform and choose a username and password for it. Your username and password are your login details. You should treat these personal details confidentially. In particular, you should not share them with anybody else. We also recommend that you regularly change your password in the settings section of your customer account.
6.2 When setting up your customer account, you undertake to truthfully supply the requested information and inform us of any changes to this information (e.g. changes to your bank details, contact details, etc.) without delay.
6.3 For the purposes of setting up your customer account and providing contractual services, we are entitled to request proof of ownership of the property or, where necessary, proof of authorization granted by the owner to install and operate the KIWI door sensor. We are further entitled to request proof of your identity (presentation of personal ID, PostIdent, E-PostIdent, or registered mail). As a tenant or co-owner of a property within the meaning of the German Condominium Act (Wohnungseigentumsgesetz, or WEG), you grant us your consent to inform your landlord or property manager of the number of KIWI KI transponders you have ordered that have access to the relevant property, if they request such information.
7.1 Depending on the terms of the usage agreement, you can acquire one or more KIWI Ki or KIWI Klick transponders. You can use the transponder(s) to open the KIWI-equipped door(s) to which you have access, either hands-free or by pressing the button. This is based on the assumption that the KIWI door sensor has been fitted to your property’s existing doorbell system or a KIWI Smart Lock has been fitted, as the circumstances require – see § 5 above.
7.2 Furthermore, you have the option to manage the door using a KIWI App via your smartphone, smartwatch, tablet, or an Internet-compatible PC and – depending on the terms of the usage agreement – assign further access rights to third parties and manage access rights granted to you by third parties.
7.3 The KIWI door sensor and the KIWI Gateway remain the property of KIWI.KI GmbH and are supplied on a loan basis for the duration of the usage agreement. The KIWI door sensor and the KIWI Gateway may not be destroyed, nor should their functionality be compromised. It is especially prohibited to open the KIWI door sensor and KIWI Gateway and read, copy, or manipulate the functionality of data in any way. The same applies to the KIWI Ki.
7.4 If the KIWI door sensor or KIWI Gateway is damaged or defective through no fault of your own, we will repair it free of charge. We arrange for a damaged or defective KIWI door sensor or KIWI Gateway to be repaired or replaced by our installation service. In order to rectify the problem as quickly and smoothly as possible, you may have to communicate with our installation service by e-mail or phone to arrange a suitable time to carry out the work on the KIWI door sensor.
7.5 In the event of a damaged or defective KIWI Ki or KIWI Klick, you must send us the affected KIWI Ki or KIWI Klick (at your own expense) for repair or replacement, stating your customer or contract number.
7.6 You undertake to immediately inform us about the loss of a KIWI Ki or KIWI Klick, for whatever reason, via our online platform, by e-mail ([email protected]), or by calling our customer service hotline (+40-30-609-838-383) so that we can block the KIWI Ki or KIWI Klick and issue a replacement, if necessary.
7.7 You further undertake to immediately inform us about the loss of your access data to your customer account and report any misuse of your customer account / KIWI door entry system by calling our customer service hotline (+49-30-609-838-383) or sending an e-mail ([email protected]).
8.1 You undertake to pay the tariff selected by you as well as any one-off setup fees. You can find the prices and other conditions for the KIWI service in the respective sales documentation, which we update as necessary (please note the validity date on the relevant documents). We reserve the right to change the terms and conditions of our service and especially the monthly fees, advance fees, and one-off fees. Should this be the case, we undertake to inform you at least six weeks before the effective date of any such change. All prices are quoted in euros, unless otherwise stated, and include VAT and delivery and shipping costs.
8.2 Usage fees will be charged when our service is provided for the first time. If the service is not provided on the first day of the month, the monthly usage fee for the rest of that month will be charged on a pro rata basis, with each day of use being charged at a rate of 1/30 of the monthly price.
9.1 Invoicing / invoicing methods
Depending on the method you have selected, the fee for the KIWI service will either be invoiced in the form of an advance payment for 24 months or – if monthly fees have been agreed – invoiced on a monthly basis. Invoices are due for payment upon receipt.
9.2 Payment method / due date
9.2.1 Depending on the product, we offer you the option of paying by bank transfer, credit card, or SEPA direct debit, insofar as you consent to this payment method. You must grant your consent in writing or by e-mail.
9.2.2 If you have set up a direct debit with us, we will take the invoiced amount from your account six working days after receipt of the invoice at the earliest. In the event of periodic invoicing, we reserve the right to wait until any due amount has a cumulative value of 18 euros before collecting it from your account. We will inform you of this by sending you an e-mail or posting a message in your customer account. If you have not set up a direct debit with us, the invoiced amount must reach our account no later than six working days after receipt of the invoice.
9.2.3 You are obliged to ensure that there are sufficient funds in your account so that we can duly collect the invoiced amount by (SEPA) direct debit. This also applies if you have opted to pay by credit card. In the event of returned direct debits or payment collections, you must refund any costs incurred to the extent for which you are responsible. In the event of a returned direct debit, it will initially be assumed that you are responsible for the refused payment collection. For this reason, we are entitled to invoice you for the associated administration costs, such as the bank charges (€9.80 including VAT). You are granted the right to prove that we did not incur any such costs or that the costs were significantly lower than the fee charged. We will expressly advise you of this in a message detailing the dishonored direct debit. We reserve the right to invoice you for the actual costs if they are higher than the set fee.
9.2.4 If in an exceptional case, you pay by different means – in the event of late payment due to a returned direct debit or insufficient funds, for example – there is only a need for repayment if you provided sufficient reference information when making the payment (particularly the invoice number or a comparable, distinct booking code issued by KIWI.KI GmbH). This also applies to third-party payments.
9.3 Form of invoicing
9.3.1 We issue invoices solely in PDF form by e-mail or to download in your customer account at www.kiwi.ki, depending on your preference. It is not possible to issue a paper invoice.
9.3.2 If you opt to receive your invoices by e-mail, we wish to advise you that confidential data transfer over the Internet cannot be guaranteed.
9.4 Arrears and objections
The legal provisions apply in the event of arrears.
9.4.1 If you fall into arrears, we are entitled to suspend the service. If the KIWI service is interrupted or terminated because you have fallen into arrears, you remain obliged to pay the agreed fees. The same also applies if the contract is terminated by us due to non-payment and the interruption or termination is set to remain in place until the end of the agreed contract. Further claims due to payment arrears remain unaffected.
9.4.2 If you are a consumer within the meaning of § 13 of the German Civil Code (Bürgerliches Gesetzbuch, or BGB) and fall into arrears, interest will be charged at a rate of five percentage points above the European Central Bank’s base interest rate. If you are a business within the meaning of § 14 BGB, interest will be charged at a rate of eight percentage points above the base rate. We reserve the right to assert further claims due to payment arrears (e.g. reminder costs).
9.4.3 Starting from the second reminder, we are entitled to demand a reminder fee of EUR 2.50. You are granted the right to prove that we did not incur any such costs or that the costs were significantly lower than the fee charged.
9.4.4 You can only offset your claims against our own with legally established or undisputed claims.
10.1 We assume unlimited liability for all damages arising from intent or gross negligence on our part.
10.2 We also assume unlimited liability for loss of life and injury to body or health arising from slight negligence on our part.
10.3 In all other cases of damages arising from slight negligence on our part, we only assume liability in the event of a breach of a fundamental contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place, the infringement of which jeopardizes the achievement of the purpose of the contract, and the adherence to which you may generally rely on. In such cases, our liability for any material damages or financial losses shall be limited to foreseeable damages typical of the contract. The liability limitation also extends to our vicarious agents.
10.4 Liability for damages covered by the provisions of the Product Liability Act (Produkthaftungsgesetz) remains unaffected.
Refer to the relevant contractual documentation for information on terms and notice periods for our usage and license agreements. Furthermore, before entering into the aforementioned agreements, we will inform you of our notice periods in the course of the ordering process. The contract begins on the day the KIWI service is activated by us. We will inform you of this day in the same e-mail in which we inform you of your registration. The following contract options are available to you:
11.1.1 MONTHLY SERVICE FEE
The contract is open-ended. Unless otherwise stated in the special conditions relating to the individual product or, where applicable, in the sales documentation, you can terminate the contract at any time with a notice period of five working days to the end of a calendar month.
11.1.2 ADVANCE PAYMENT FOR 24 MONTHS
The contract is open-ended, although advance payment means that you have paid the agreed fee to use the KIWI Ki for an initial contractual period of 24 months. At the end of the 24 months, the contract will continue on the basis of the terms set out under § 11.1.1, unless you opt for advance payment for a further 24 months. Unless otherwise stated in the special conditions relating to the individual product or, where applicable, in the sales documentation, you can terminate the contract at any time at the end of a calendar month without reason. With regard to your one-off payment, the right to ordinary notice of termination for the period covered by the one-off payment shall be waived. If you terminate the contract before the end of the 24-month term, no refund of the one-off payment in full or part will be given.
11.2 Termination without notice
Irrespective of ordinary notice of termination, our contracts can be terminated for cause at any time without notice by both parties. We are especially entitled to prematurely terminate the contract for cause if you have deliberately provided false information about yourself, if the KIWI service is being used in an improper or damaging manner, or if you are in fundamental breach of contractual or legal obligations.
11.3 Termination arrangements
We may terminate the contract by letter, E-Postbrief, or e-mail, as appropriate. You can terminate the contract in accordance with the aforementioned provisions either on our website www.kiwi.ki under the menu item “My KIWI” or by sending an e-mail to [email protected]. Alternatively, you can send a letter to the following address: KIWI.KI GmbH, Customer Service, Wattstraße 11, 13355 Berlin. You will then receive an e-mail confirming the date on which the contractual relationship will end. You must meet your contractual payment obligations until the contract has ended. If you have agreed additional services alongside the KIWI service, you can also just terminate these, if you wish.
We will observe and comply with the relevant data protection regulations. We will inform you of the way in which we gather, process, and use personal data when you register with us or enter into a usage and (where applicable) installation and license agreement. As a tenant or co-owner of a property within the meaning of the German Condominium Act (Wohnungseigentumsgesetz, or WEG), you hereby grant us your consent to inform your landlord or property manager of the number of KIWI KI transponders you have ordered that have access to the relevant property, if they request such information.
13.1 We reserve the right to change these general terms and conditions of business if the legal or technical framework conditions for providing our services unexpectedly change after concluding the contract and it becomes necessary to modify them to fulfill our contractual obligations.
13.2 We can change our specification of services if it serves to improve our door entry system, make it more secure, or technically enhance it and you are not objectively disadvantaged by the changes when compared to the specification of services detailed at the time the contract was originally agreed.
13.3 We will inform you of our intention to change the general terms and conditions of business or specification of services at least six weeks beforehand by sending you an e-mail or posting a message in your customer account. In the event of this happening, you will be granted a special right of termination from the date the changes take effect. If you do not give notice of termination in in writing within six weeks of being informed of the changes (you can do this by sending an e-mail to (per E-Mail an: [email protected] or a letter to KIWI.KI GmbH, Customer Service, Wattstraße 11, 13355 Berlin), the changes will take effect on the scheduled date. We will advise you of these implications separately when we advise you of any changes.
14.1 German law shall apply to our contractual relationship.
14.2 You can only assign claims or other rights arising from this contract with our prior written consent.
14.3 If one or more provisions of this contract should be invalid or inconsistent with legal regulations, this shall not affect the validity of the remaining provisions of the contract.
Last updated: November 2016
In connection with the sale of batteries, we are duty-bound to bring our customers’ attention to the following information in accordance with the provisions of the German Battery Act (BattG.):
Batteries must not be disposed of in ordinary household waste. You are required by law to return batteries. Old batteries may contain hazardous substances that can damage the environment or your health.
As an end consumer, you can return our KIWI Ki transponders to one of our retail outlets free of charge. You can also return them to us by post, ensuring that you affix sufficient postage, to the address provided below. We will then dispose of them for you, also free of charge. You can equally return batteries to a municipal collection point or local retailer.
Batteries that contain hazardous substances feature a symbol with a crossed-out trash can – which means that you cannot dispose of them in ordinary household waste – and the chemical symbol for the relevant hazardous substance (e.g. “Cd” for cadmium, “Pb” for lead, “Hg” for mercury).
Cd Pb Hg
If you would like to return batteries to us, please post them to the following address: KIWI.KI GmbH, Battery Returns, Wattstraße 11, 13355 Berlin.
You can find further information on the German Battery Act, with the option to download the regulations, on the website of the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety (www.bmu.de).
New regulations came into force on March 24, 2006. From this date, consumers have been able to take their old electrical equipment to municipal collection points free of charge. The manufacturers are then responsible for the further disposal of such equipment. Furthermore, certain hazardous substances can no longer be used in the manufacture of electrical equipment.
We hereby confirm that our products have valid WEEE registration. As such, please return your used KIWI Ki transponders to one of the municipal collection points free of charge.
The aims and purposes of the law governing the sale, return, and environmentally friendly disposal of electrical and electronic equipment (Electrical and Electronic Equipment Act, known in Germany as the Elektro- und Elektronikgerätegesetz, or ElektroG.):
The act serves to implement Directive 2002/96/EC on waste electrical and electronic equipment (WEEE) and Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment. The aim is to prevent waste from electrical and electronic equipment, reduce the amount of waste by reusing materials by setting collection, reutilization, and recycling quotas, and reducing the amount of hazardous substances in equipment. There is a target to collect at least 4 kg of old equipment from private households across the whole of Germany per inhabitant and year. Banning the use of certain hazardous substances in the manufacture of new equipment should reduce the negative impact on people’s health and the environment from the outset and prevent disposal problems from arising in the first place. The duty to take responsibility for the disposal (i.e. the handling, recycling, and removal) of equipment should compel the manufacturers to factor their products’ entire life cycle into their calculations.