Terms of service

Status January 2017

§1 Scope of application

(1) For online orders of goods at the company Koko von Knebel Retail GmbH (in the following called Koko von Knebel) the following general terms and conditions (AGB) are exclusively valid.

(2) The version of these GTCs valid at the time of the order shall apply. Deviating regulations are only valid, if they have been confirmed in writing by Koko von Knebel (see § 10 final regulations).

§2 Conclusion of the contract / data protection

(1) With the online order a binding purchase offer is given. The contract comes off with the acceptance of the purchase offer. The acceptance by Koko von Knebel takes place by sending an "order confirmation" in text form, thus by letter, fax or e-mail. Previous communications in text form (automatically generated order) serve only as information that the purchase offer has been received by Koko von Knebel.

(2) A conclusion of contract is only carried out with customers, who have completed their 18th year and are fully contractually capable. An exception to this principle is only valid with the prior consent of the legal representative, which must already be available at Koko von Knebel at the time of the submission of the order by the customer.

(3) Koko von Knebel has the right to store and process the data necessary for the business transaction in accordance with the Federal Data Protection Act and to pass it on to third parties, as far as this is necessary for the transaction. This also includes transport companies.

§3 Information of the consumer about his right of withdrawal

(1) Customers who are consumers within the meaning of § 13 BGB have a right of revocation. According to this, the contract can be revoked in text form, i.e. by letter, fax, e-mail or telephone, without giving any reasons within a period of 90 days. The revocation period is 90 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

(2) In order to exercise your right of revocation, you must notify us, the

Koko von Knebel Retail GmbH, Hohenbergstr. 4, 24105 Kiel, Germany, Fon +49-431-9970863, Fax +49-431-99708733, info (at) kokovonknebel.com by means of an unambiguous declaration (e.g. a letter sent by post, a fax, an e-mail or by telephone) about your decision to revoke this contract. You can use the following sample revocation form or choose another clear declaration.

If you make use of this possibility, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

(3) If you revoke the contract, we must reimburse you for all payments we have received from you, excluding delivery costs, immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of the contract. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

(4) We can refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of the contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.

(5) You bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods which is not necessary for testing their condition, properties and functioning.

(6) The right of revocation does not apply to contracts

- for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs,
- for the delivery of goods which can spoil quickly or whose expiry date would be quickly exceeded,
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

-end of the revocation instruction-

§4 Delivery of the goods

(1) Koko von Knebel delivers to delivery addresses within Germany and to delivery addresses within the EU only if a German billing address is given or the billing is done via a credit card.
(2) If a certain article should no longer be available after the conclusion of the contract due to force majeure or other - also temporary - circumstances beyond Koko von Knebel's control or not timely or proper delivery by its suppliers, Koko von Knebel is obliged to inform the customer about the non-availability. Koko von Knebel reserves the right to postpone the delivery for the duration of the hindrance or - if an end of the hindrance is not foreseeable - to withdraw from the contract in whole or in part and to refund any payments received immediately.
(3) Koko von Knebel is entitled to partial delivery and corresponding invoicing. If a partial delivery takes place without informing the customer in advance about the necessity or if in the case of a partial delivery the total amount is already charged with the first delivery, the delivery charges do not increase for the customer. If partial deliveries are ordered by the customer, the delivery charges will increase according to the number and costs of necessary deliveries.
(4) Delivery periods and dates are only binding if they are expressly agreed as such in writing. In this respect, they shall commence upon receipt of the order confirmation by the customer, unless otherwise agreed. (see §2 paragraph 1)

§5 Due date for payment, reservation of title

(1) The purchase price is due at the latest upon delivery.
The customer can pay the purchase price according to his choice in the order
: - cash on delivery, assuming the additional costs incurred,
- in advance by bank transfer/cheque within 14 days or
- by credit card.

(2) If the customer does not pay the purchase price in advance by bank transfer/cheque within 14 days after the conclusion of the contract and the sending of a proper invoice by Koko von Knebel, then he will receive a one-time reminder from Koko von Knebel with a deadline. Should the deadline set therein pass without Koko von Knebel being able to record the receipt of payment, Koko von Knebel will send the customer a written reminder. This triggers a reminder fee of 5,00 €, whereby the customer reserves the right to prove a lower damage or the absence of damage. Koko von Knebel is entitled to cancel the customer's order and withdraw from the contract at its own discretion after the expiry of the deadline set in the reminder.
(3) If the customer is in arrears with payment, Koko von Knebel is entitled to demand interest on arrears in the amount of 5 percentage points above the base interest rate.
(4) The delivered goods remain the property of Koko von Knebel until full payment has been made.

§6 Warranty

(1) The product illustrations may deviate from the appearance of the delivered goods, especially with regard to colour and size. In particular, changes in the appearance and features of the goods may occur after the manufacturers have updated their product range. Warranty claims do not exist in this respect if the changes are reasonable for the customer.
(2) Should delivered articles show obvious defects or manufacturing faults, which also includes transport damage, this fault is to be complained about immediately to Koko von Knebel or the employee of the deliverer, who delivers the article. The omission of this complaint has however no consequences for the legal claims. Koko von Knebel will remedy all defects of the purchased item which occur during the legal warranty period within a reasonable period of time, i.e. either provide a replacement delivery or remedy the defect. If the supplementary performance chosen by the customer is only possible with disproportionate costs, Koko von Knebel is entitled to supplementary performance in another form. If a reasonable period of time for supplementary performance has elapsed without result, the customer has the right to cancel the purchase contract or to reduce the purchase price at his discretion.
(3) If the customer decides to cancel the purchase contract, the services received by both parties are to be returned and any benefits derived are to be surrendered. Can the customer Koko von Knebel the received achievement totally or partly not or only in worsened condition grant back, the customer must carry out value substitute in this respect if necessary. However, the deterioration caused by the intended use remains out of consideration.
(4) Warranty claims are subject to a limitation period of 2 years from the date of delivery of the goods.

§7 Liability

Koko von Knebel is liable to the customer for intent and gross negligence also of its representatives and vicarious agents according to the legal regulations. Otherwise Koko von Knebel is only liable for injury to life, body or health or for culpable violation of essential contractual obligations. The claim for damages for the violation of essential contractual obligations is however limited to the contract-typical, foreseeable damage. The liability for damages caused by the delivery item to the customer's legal goods, e.g. damages to other objects, is however excluded. The provisions of sentences 3 and 4 of this paragraph shall not apply in the event of intent or gross negligence or in the event of liability for injury to life, body or health.

§8 Place of performance, place of jurisdiction, legal system

(1) Regarding the conclusion of contracts with companies or public corporations, the place of performance for the delivery of the goods and the payment of the purchase price as well as the place of jurisdiction is agreed to be the business location of Koko von Knebel in Kiel. This agreement applies with the proviso that Koko von Knebel remains entitled to sue also at the place of the business location or the branch of the customer.
(2) If the customer moves his domicile or his usual place of residence outside of the Federal Republic of Germany after conclusion of the contract, the place of jurisdiction is in principle Koko von Knebel's place of business in Kiel. This agreement is also valid for the case that the domicile or the usual place of residence of the customer is not known at the time of the complaint collection.
(3) The conclusion of the contract between Koko von Knebel and the customer is subject to the law of the Federal Republic of Germany. The application of the UN-purchase right is excluded.

§9 Severability clause

Should individual provisions of the contract including these regulations be wholly or partially invalid or should the contract contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected.

§10 Final provision

All declarations of the contracting parties must be in writing. They can also be sent by fax or e-mail. This also applies to invoices issued by Koko von Knebel.

We are prepared to participate in the online dispute resolution according to article 14 paragraph 1 ODR-VO.
The European Commission provides a platform for online dispute resolution (OS Platform).
You can access it at http://ec.europa.eu/consumers/odr/.

The competent body for the extrajudicial settlement of disputes is the:
Allgemeine Verbraucherschutzstelle des Zentrums für Schlichtung e.V. Strassburger Str. 8, 77694 Kehl
Tel.: (49) 7851 79579 40, Fax: (49) 7851 79579 41, E-Mail: mail@verbraucher-schlichter.de

Sample revocation form:

If you wish to revoke the agreement, please fill in this form and return it to us by (digital) mail or fax. Alternatively, it is possible to declare your revocation by telephone.
Koko von Knebel Retail GmbH
Hohenbergstr.4, 24105 Kiel, Germany
Fon: +49 - 431 - 9970875, Fax: +49 - 431 - 9970833
info (at) kokovonknebel.com

(name, address, tel. no.)
the contract concluded by me for the purchase of the following goods:
………………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………………….

(Order no., description of the goods, quantity, price)

I received the order on ....................................................................................................................................................................... (date) received.

Date Signature

(only necessary if sent by post or fax)