General Terms and Conditions
§ 1 General
These terms and conditions apply to orders placed through our online shop. Unless otherwise stated, they apply to both consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional activity (Section 13 of the German Civil Code). An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity (Section 14 of the German Civil Code).
If you are a business, the following applies: These terms and conditions apply exclusively to all deliveries and services, including future ones. Any deviating or additional terms and conditions you provide will not become part of the contract unless we expressly agree to them. In this case, they only apply to the respective individual contract. Individual agreements always take precedence.
§ 2 Conclusion of contract
The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue.
You can place the selected item in your shopping cart. On the "Shopping Cart" page, we will guide you through the ordering process. Before completing your order, we will display all relevant information again. By clicking the "Order with payment" button, you submit a binding offer. Confirmation of receipt of your order will follow immediately and does not constitute acceptance.
A contract is only concluded upon our express declaration of acceptance by email or upon delivery of the goods within five working days.
The contract is concluded subject to our own supply. In the event of unavailability, we will notify you and refund any payments already made.
§ 3 Terms of payment
Payment is accepted exclusively via PayPal. Other payment methods are not accepted. Cash discounts are not permitted.
All prices are ex works, plus VAT applicable on the day of delivery and any applicable shipping costs.
§ 4 Delivery & Transfer of Risk
Delivery deadlines are non-binding unless expressly agreed otherwise. Partial deliveries are permitted.
In the case of entrepreneurs, the risk of accidental loss or accidental deterioration passes upon handover to the freight forwarder.
For consumers, the transfer of risk only occurs upon delivery of the goods.
§ 5 Retention of title
The goods remain the property of KÖHL GmbH until full payment has been made.
§ 6 Warranty
Statutory liability for defects applies. Minor deviations in color or structure do not constitute a defect.
If you are an entrepreneur, the following also applies:
- You are obliged to inspect the goods immediately and report any defects within 10 working days at the latest.
- The limitation period is one year from delivery, except in the case of damages resulting from injury to life, body or health or in the case of intentional/grossly negligent breach of duty.
- Rights of recourse (Section 445a of the German Civil Code) remain unaffected unless further agreements have been made with your customer.
§ 7 Right of withdrawal for consumers
Consumers in the European Union have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which the consumer or a third party other than the carrier designated by him takes possession of the goods.
To exercise your right of withdrawal, you must inform us (KÖHL GmbH, ongo@koehl.com) of your decision to withdraw from this contract by means of a clear statement (e.g., by letter or email). Please include your order number, your full name, and your address so that we can process your request promptly.
To meet the cancellation deadline, it is sufficient for you to send your notification of your exercise of the right of cancellation before the cancellation period has expired.
If you cancel this contract, we will reimburse you all payments that we have received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation.
For the refund, we will use the same payment method you used for the original transaction, unless expressly agreed otherwise. Under no circumstances will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the deadline.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
§ 8 Liability
We are liable without limitation for damages resulting from injury to life, body or health as well as in cases of intent and gross negligence.
In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), our liability is limited to the amount of damage typical for the contract and foreseeable at the time the contract was concluded.
Any further liability is excluded.
§ 9 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of performance and jurisdiction is the registered office of KÖHL GmbH if you are a merchant. For consumers, the statutory place of jurisdiction applies.
Changes to these Terms and Conditions will be communicated to you in writing. Unless you object to the changes within six weeks of receipt, they will be deemed accepted.