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General Terms and Conditions
Section 1 Validity
The following General Terms and Conditions regulate contractual relations between KoSchu GbR and the purchaser, who orders products via the internet site www.koschu.de.
Any conflicting General Terms and Conditions of the purchaser are not a valid part of the sales contract.
We supply to traders. A trader as defined by Section 14 of the German Civil Code (BGB) is a natural or legal person or a legally valid private company which completes legal transactions in the exercise of their commercial professional or freelance occupational activities.
Section 2 Completion of contract
1. Our range of products is offered in a non-binding manner. A customer order is effectively an offer to enter into a sales contract. The confirmation subsequently sent by KoSchu GbR and any subsequent status reports do not constitute acceptance of the offer. The sales contract comes into force once we send the customer a contract confirmation or we despatch the ordered product(s) and confirm despatch to the customer. We can accept the contractual offer of the customer within two weeks.
2. The contract text is not saved by our company.
3. Completion of contract is currently only possible in German.
Section 3 Subject to changes in price, product and delivery conditions
The current prices stated in our online shop or in our price list are valid. The prices are net prices excluding Value Added Tax. We reserve the right to refuse to accept orders from purchasers or, in the case of a lack of availability, to not complete associated orders. In this case we will inform you immediately and will refund any payment made.
Section 4 Payment and delivery
1. Unless otherwise agreed, KoSchu GbR invoices are due immediately in full. An optional 2% discount is only possible in the case of advance payment.
2. The customer may choose from a number of payment options, depending on the purchase amount, delivery type and delivery address and customer account settings. The different options can be selected from within the online shopping cart.
3. KoSchu GbR reserves the right to insist on direct debit payment or advance payment in individual cases or when payment is declined by any financial institute or provider for the given payment type.
4. Costs incurred for back posting or for recovery of a payment due to lack of funds or incorrectly provided information on behalf of the customer are charged to the customer.
5. We do not accept cheques.
6. In the case of delayed payment, KoSchu GbR has the right to charge late interest penalties of 8% per annum above the current valid base interest rate.
7. Compensation is not admissible except in cases of uncontested or legally ratified claims. Retention or delay of payment by the purchaser resulting from conflicting claims resulting from other contractual relations is not possible.
8. In addition, in the case of sales to businesses: If the purchaser defaults on acceptance or if the purchaser culpably neglects any other duties to cooperate, we have the right to demand recompense of damages owed to us as a result, including any additional costs incurred. Further right to claims remains unaffected. Insomuch as these preconditions exist, the risk of any loss of saleability or reduction in saleability of goods is transferred to the customer at the time the customer entered into the afore-mentioned default on acceptance or debt default. We bear responsibility, in accordance with the legal stipulations, solely for typical and predictable damages in the case of any delay in delivery which is attributable to us or to any other deliberate or gross breach of contract on our behalf.
Section 5 Shipping
Shipping to businesses is insured. The shipping costs are calculatory. The actual shipping costs in the order confrmation can differ from the cost calculated by the shop.
Notice: Customs and excise fees
Deliveries outside the EU incur additional customs charges, taxes and fees. Further information regarding customs charges is available, for example, at:
http://ec.europa.eu/taxation_customs/dds/cgi-bin/tarchap?Lang=DE
and regarding importation VAT at:
http://auskunft.ezt-online.de/ezto/Welcome.do
and regarding Switzerland in particular
http://xtares.admin.ch/tares/login/loginFormFiller.do
Section 6 Retention of title
1. The delivered goods remain our property until full payment is received.
2. In addition, regarding sales to businesses: In the case of behaviour in breach of contract on behalf of the purchaser – in particular in the case of delayed payment – we have the right to recover the purchased product(s). The recovery of the product(s) represents a withdrawal from the sales contract. After recovery of the product(s) we have the right to recover the product(s) value. The value recovered – minus reasonable recovery costs - is calculated against the debts of the customer. The customer is obligated to handle the product(s) with due care. The purchaser is also obligated to insure the product(s) at his/her own cost against fire, water damage and theft to the full replacement value. In the case of garnishment/foreclosure or other intervention by third parties, we are to be informed by the customer immediately in order that we may register objection in accordance with Section 771 of the German Code of Civil Procedure (ZPO). The customer has the right, to continue to sell the product(s) in normal trading. He/she fulfils all obligations to us in paying the full final account balance which transfers the full right to continue sales to his customers or third parties. Even after assignment of collection of debts, the customer retains this authorisation. Our right to collection of debts remains unaffected. We oblige ourselves to delay collection of debts for as long as the customer continues to meet his/her obligations with funds resulting from product sales, does not fall behind with payments and, in particular, no application for initiation of a settlement or insolvency process has been made and no bankruptcy proceedings are in place. If this is the case or is imminent, we can demand that the customer informs us of the debts assigned to collection and their debtors, that they provide all information for collection, that they provide all associated documentation and inform the debtor of assignment.
Section 7 Product defects
The product defect claims of the customer in the case of sales pre-requires that the customer suitably fulfils his/her obligations of inspection and objection in accordance with Section 377 of the German Commercial Code (HGB). In the case of a defect in the product(s), we are entitled to rectify the problem either by repair of the defect or by delivery of a replacement product without defect. In the case of defect repair we will cover the costs to the sum of the sales price. If the rectification fails, the customer has the right to demand retraction from the sales contract or price reduction. The statute of limitations for defect product claimed by businesses is 12 months, calculated from commercial passing of risk.
Section 8 Disclaimer
1. Customer claims to damage compensation are expressly excluded. This excludes damage compensation claims of the customer resulting from damage to life and limb, health or resulting from neglect of significant contractual obligations (cardinal obligations) and the liability for other damages attributable to deliberate or grossly negligent breach of obligation by the provider, his/her legal representatives or auxiliary servants. Significant contractual obligations are those which need to be fulfilled to achieve the aims of the sales contract.
2. In the case of neglect of significant contractual obligations the provider is only liable for those foreseeable damages which are typical of the contract if these damages are incurred due to simple negligence, unless the damage claims of the customer resulting from injury to life, limb or health.
3. The limitations of articles 1 and 2 are also valid to the benefit of the legal representative of the provider and auxiliary servants, if claims are made directly against them.
4. The regulations of the Product Liability Act (PHG) are unaffected.
Section 9 Applicable law
German law is exclusively applicable. The UN Convention on Contracts for the International Sale of Goods is excluded.
If the customer is a business, the business location is the court of jurisdiction. We have the right to begin legal proceedings in the court of jurisdiction of his/her residential location.
Section 10 Grant of License regarding product photos
Koschu GbR hereby grants to customers a non-exclusive, limited and non-transferable right to use the product photos which can be downloaded here. Koschu GbR will charge a reimbursement. You can find more information about the reimbursement here.
The product photos shall exclusively be used on the websites respectively in the online-shops of the customers for marketing the represented products of the respective producers as long as a business relationship between Koschu GbR and the customers lasts.
Any amendments or modifications of the product photos are restricted. The product photos shall exclusively be used for marketing the products represented by the photos.
The termination of the business relationship between Koschu GbR and the customer terminates the right to use the product photos. The right to use the product photos further terminates when a violation or infringement of this agreement occurs.
Last revised: June 2011
