Since we are a German company we work under the laws of Germany. Below you find the English translation of our German terms & conditions.
General terms and conditions for online purchase orders, Effective November 2016
§ 1 Scope of Application
(1) The following terms and conditions are exclusive and apply for all online purchase orders at the company Koko von Knebel Retail GmbH (hereinafter referred to as Koko von Knebel).
(2) The version of these terms and conditions as amended respectively at the time of order applies. Other regulations are only valid if they are agreed in writing with Koko von Knebel (cf. § 10 Final Provisions).
(1) An online purchase order is deemed a binding offer to buy. The contract is concluded with the acceptance of the offer. The acceptance by Koko von Knebel is submitted as written “order confirmation” by mail, fax or email. Previous written communication (automatically generated order) only serves as information forasmuch as that the offer to buy has been received at Koko von Knebel.
(2) In principle, contracts can only be concluded with customers who have already turned 18 years of age and are fully capable to contract. An exception of this principle shall only be valid if the legal representative has given a prior approval which must already be present at Koko von Knebel at the time of order.
(3) By providing data on the part of the customer Koko von Knebel shall be entitled to save and process the data necessary for business purposes with respect to the Federal Data Protection Act and forward the data to third party insofar as this is necessary for the execution of business.
§ 3 Instruction of Customers on their Right of Revocation
(1) Customers who are consumers in terms of § 13 German Civil Code are entitled to the right of revocation. Accordingly, the contract may be revoked without specifying reasons within a period of 2 weeks. The revocation must be made in written form, i.e. by mail, fax or email, or by returning the goods. The deadline starts with receipt of the goods and this revocation instruction.
The timely dispatch of the revocation or the goods is sufficient for the observation of the revocation period. The revocation or the return of goods is to be addressed to: Koko von Knebel Retail GmbH, Villa Martius, Hohenbergstraße 4, 24105 Kiel, Germany.
(2) In case of an effective revocation the services received on both sides are to be returned and advantages drawn (e.g. use advantages) are to be set off. If the customer cannot return part or all the goods received or only in a deteriorated state, he must pay compensation to Koko von Knebel to the extent of the impairment. This regulation does not apply if the deterioration of the goods is only due to its examination – like it would have been routine in the retail store. Apart from that the customer can avoid the obligation to compensate for lost value by not using the goods as owner and by refraining from doing anything that could affect the value of the goods.
The customer has to bear the costs of return if the goods delivered correspond to the goods ordered and if the price of the goods returned does not exceed the amount of € 40.00 or if the customer has not yet provided the valuable consideration or a partial consideration stipulated by contract for a higher price of the goods at the time of revocation.
(3) The right of revocation shall be excluded
– if the goods to be delivered are manufactured according to customer specifications or customized to personal needs;
– for goods which are not suitable for return due to their nature, e.g. sanitary articles;
– for goods which are perishable or whose use-by date has been exceeded;
– for audio and video recordings or software which has been unsealed.
End of revocation instruction!
§ 4 Delivery of the Goods
(1) Koko von Knebel only delivers to shipping addresses within Germany, throughout the EU or to any other destination if a German invoice address is stated or if the payment is made by credit card.
(2) If, after conclusion of the contract, a certain article is no longer available due to force majeure or other – also temporary – circumstances not caused by Koko von Knebel or due to late or improper delivery by the pre-supplier, Koko von Knebel commits to informing the customer about the non-availability. In this regard Koko von Knebel reserves the right to delay the delivery by the time of interference or to withdraw from the contract entirely or partially and to reimburse payments received immediately if an end of the interference remains unforeseeable.
(3) Koko von Knebel is entitled to partial delivery and respective invoice. If a partial delivery occurs without previously informing the customer about the necessity or if, in case of a partial delivery, the total amount is already charged with the first delivery, the shipping costs will not increase at the expense of the customer. If partial deliveries are requested by the customer, the shipping costs increase according to the number and costs of required deliveries.
(4) Delivery times and dates are only binding if they are expressly agreed as such in written form. Unless otherwise agreed the delivery times begin with receipt of order confirmation at the customer (see § 2, par. 1).
§ 5 Payment Due Date, Reservation of Property Rights
(1) The purchase price becomes due by the time of delivery.
(2) Depending on the delivery selected the customer can pay the purchase price
a) cash on delivery incurring any additional costs for this service,
b) in advance by bank transfer / check within 14 days or
c) by selected credit card services.
(3) If the customer has ordered on payment in advance by bank transfer / check and the payment is not effected within 14 days after conclusion of contract and after receipt of a proper invoice by Koko von Knebel, the customer will receive a one-time reminder fixing a time limit. If the period of time fixed in the reminder passes by without Koko von Knebel recording the receipt of payment, Koko von Knebel sends at most one written dunning letter. This dunning letter involves a dunning charge of € 5.00, whereas the customer reserves the right to prove a less damage or the absence of damage. Already at the moment of expiration of the time limit fixed in the reminder Koko von Knebel is entitled at its own option to cancel the order of the purchaser and to withdraw from the contract.
(4) If the customer falls behind with the payment, Koko von Knebel is entitled to claim interest for delay amounting to 5 percentage points above the base rate.
(5) The delivered goods are property of Koko von Knebel until the complete payment has been effected.
§ 6 Warranty
(1) Product pictures may vary in their appearance from the goods delivered, especially in terms of color and size. In particular after assortment renewals by the manufacturers, variation of appearance and outfit of the goods may occur. Warranty claims do not exist insofar as the variations are deemed acceptable to the customer.
(2) If delivered articles show obvious faults or manufacturing defects including transport damages, this fault is immediately to be complained about to Koko von Knebel or to the transport agent delivering the article. However, the omission of this notice of defect does not have any consequences for the legal claim. Koko von Knebel will provide supplementary performance in adequate time meaning either replacement delivery or remedy of defects for all defects occurring within the legal period of warranty. If the supplementary performance requested by the customer is only possible with disproportional costs, Koko von Knebel shall reserve the right to select a different form of supplementary performance. In case that an adequate time limit for the supplementary performance has passed without result, the customer at his own option has the right to cancellation of the contract or to reduction of the purchase price.
(3) In case the customer decides for a cancellation of the purchase contract the services received on both sides are to be returned and any advantages drawn are to be set off. If the customer cannot return part or all the goods received or only in a deteriorated state, he must pay compensation to Koko von Knebel to the extent of the impairment. However, in this case the deterioration due to designated use remains out of consideration.
(4) The right to warranty claims expire 2 years after the time of delivery of the goods.
§ 7 Liability
Koko von Knebel shall be liable towards the customer in cases of intent or gross negligence by Koko von Knebel or by a representative or by a performing agent according to the legal regulations. Apart from that Koko von Knebel shall only be liable concerning injury to life, body or health or concerning the culpable violation of essential contractual obligations. The claim for damages for the violation of essential contractual obligations shall however be limited to restitution for calculable damages, as per standard contract provisions. The liability for damages caused by the delivery item to the customer’s objects of legal protection, e.g. damages to other properties, shall however be completely precluded. The regulations of clause 3 and 4 of this paragraph shall not be valid insofar as intent or gross negligence or the liability concerning injury to life, body or health apply.
§ 8 Place of Performance, Jurisdiction and Applicable Law
(1) Regarding the conclusion of contract with companies or public corporations the place of performance of delivery of the goods and payment of the purchase price as well as the place of jurisdiction is agreed as the business location of Koko von Knebel in Kiel, Germany. This agreement is valid provided that Koko von Knebel remains entitled to take legal action at the place of its business location or at the location of the customer’s establishment.
(2) In case the customer relocates his place of residence or habitual residence out of the territory of the Federal Republic of Germany, the business location of Koko von Knebel in Kiel shall generally be accepted as place of jurisdiction. This agreement shall also apply if the place of residence or habitual residence of the purchaser is unknown at the time of commencement of a suit.
(3) The conclusion of contract between Koko von Knebel and the customer is subject to German law. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be precluded.
§ 9 Salvatorious Clause
If single clauses of the contract including these regulations are completely or partly ineffective or if there are contractual loopholes, the effectiveness of the other clauses or parts of such clauses shall remain unaffected.
§ 10 Final Provisions
All declarations of the parties to the contract shall be made in writing. They can also be sent by fax or email. This also applies to invoices made by Koko von Knebel.
In case of questions please contact us:
Koko von Knebel Retail GmbH,
Villa Martius, Hohenbergstr. 4
24105 Kiel, Germany