Terms and conditions
Valid as of: January 29th, 2013
These terms and conditions are for your information only. Only the version in the german language is authoritative.
The legal basis for private purchases is the German Civil Code (BGB), for business purchases the German Commercial Code (HGB) and the BGB.
1. Area of application
These terms and conditions apply to all goods and services provided by Kofferundschaum.de e.K. through this online shop. Deviating terms and conditions of the purchaser are explicitly objected to. These shall not become part of the contract either by delivery of the goods or any other implied act.
A contract of purchase is established with Kofferundschaum.de e.K., owner Klaus Klüglich, Pützchens Chaussee 60, Gewerbehöfe Pützchen/Halle 7, 53227 Bonn.
3. Order process
You may order in our shop by
- moving items to the shopping cart
- go to checkout
- register with your personal data or log in with your user name and password
- choose the method of shipping and method of payment
- take notice of and agree with our terms and conditions and the cancellation terms
- confirm the accuracy of your data by clicking the button "purchase"
4. Offer and and conclusion of contract/language of contract
Your order represents a binding offer to us for the conclusion of a purchase contract. By ordering, you bindingly declare that you intend to purchase the ordered goods.
You will receive a copy of the order data by the order reception confirmation e-mail, which you can save to your hard drive or print. This confirmation of reception explicitly does not constitute an acceptance of your offer.
A purchase contract is only concluded when we accept your binding order by delivery of the goods or by confirming the acceptance in written form by separate transportation/dispatch information by e-mail.
The contract is concluded solely in the german language.
5. Correction of faulty data/Retention of the contract text
You can correct your data at any time before sending your order by clicking the appropriate field in the order form where you want to make a change, or by clicking the "back" button in your browser. After sending your order, no further changes are possible.
Your order is saved by us until the purchase transaction is fully realised. Should you loose your purchase records, please contact us by e-mail. We will be happy to send you a copy of your purchase records, as long as the purchase has not been finalised. After complete delivery of the ordered goods, we will delete the purchase records, subject to the legal period of record-keeping, and can no longer make them available.
6. Prices and shipping costs
The prices shown on the respective product pages are including VAT, plus shipping costs.
In addition to the stated prices, we charge shipping costs for the delivery. The shipping costs are shown to you clearly on the shipping page, in the shopping card an on the order page.
When paying by cash on delivery, we charge a fee of 5,59 EUR in addition to the shipping costs. The full price is collected by the dispatcher. Please note that the german postal service charges an additional fee of 2 EUR for cash on delivery, which we have no influence over.
The delivery is carried out exclusively to postal addresses within one of the countries indicated in the shipping page. We do not bear the costs for customs charges incurred with deliveries to countries outside of the European Union, which are to be paid by the customer.
The payment is done at the choice of the customer by bank transfer, PayPal or cash on delivery.
For the payment by bank transfer, we will notify you about our account information in our confirmation of order and deliver the goods subject to the indicated delivery time after payment is received. For the payment by PayPal, please follow the payment instructions on your screen after completing your order. For the payment by cash on delivery, we deliver the goods subject to the indicated delivery time.
9. Title retention
The goods remain our property until full payment has been received.
The limitation period for statutory claims for deficiencies is two years and begins with the date of delivery, that is, receipt of the goods by the buyer.
This does not affect any claims on the part of the buyer resulting from injury to life, body or health which are based on an intentional or negligent breach of duty by the seller or his legal representatives or vicarious agents as well as claims for other damages due to intentional or grossly negligent breach of duty on the part of the seller, its legal representatives or vicarious agents.
We are fully liable in accordance with the statutory provisions for damages to life, body and health, which are based on a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, as well as for damages resulting from liability under the Product Liability Act. We shall be liable for damages that are not covered by sentence 1 and which are based on intentional or grossly negligent breaches of contract as well as fraudulent intentions by us, our legal representatives or our vicarious agents. For damages which are based on the absence of a guaranteed condition but do not occur directly on the goods, we are only liable if the risk of such damage is clearly covered by the quality guarantee.
We are also liable for damages caused by simple negligence, insofar as the resulting damage is due to the infringement of rights, which are to be given to the customer according to the content and purpose of the contract and / or to the violation of obligations, Implementation of the contract at all, and on the compliance of which the contractual partner may regularly trust and rely (cardinal obligations).
Any further liability is excluded without consideration for the legal nature of the claim asserted.
The sole rights to all images, graphics or other copyrighted work created by us are reserved to us. Unauthorized use of our pictorial material is subject to persecution according to civil and criminal law.
For unauthorized use of our pictorial material in public, we charge a fee of five times the fee of the photographer per image.
For omission of the image source, we charge a 100% surcharge per image.
We charge a 150% surcharge per image for worldwide Internet use.
13. Final provisions
The law of the Federal Republic of Germany shall apply exclusively, specifically excluding the UN Sales Law insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident.
For contracts with merchants for the purpose of the German Commercial Code (HGB), i.e. customers that run a business or are considered a merchant by the HGB for other reasons, as well as with legal entities of public law, Cologne is the exclusive venue of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.