General Terms and Conditions of
Gottfried – Hagen - Str. 60
Represented by its managing director Nina Jüssen
Telefon : 0221-942217-1
Fax : 0221-942217-2
HRB Köln 58898
UST.-Id.Nr. DE 251151612
hereinafter referred to as "Koffski" or "we".
§ 1 General
These General Terms and Conditions shall apply to all orders for goods and services accepted and executed by Koffski. Koffski endeavours to keep the online presentation of its internet shop up to date. Koffski cannot guarantee, however, that all goods displayed on the websites www.koffski.de and www.koffski.com are always available. Koffski reserves the right to withdraw individual items from its product range if necessary at short notice. Items can only be supplied in quantities for normal personal use. The contract language for orders is German.
§ 2 Contracting party and conclusion of a contract
The contracting partner of Purchaser is Koffski. The presentation of goods on the Koffski website is an invitation to Purchaser to make an offer and is not a legally binding offer by Koffski. Any contract between Purchaser and Koffski shall be concluded as follows: when Purchaser places an order he will receive a message on his/her computer screen indicating that the order has been received. This message does not constitute an order confirmation. A contract between Purchaser and Koffski for the supply of the goods ordered shall come into force by Koffski sending a separate written order confirmation via e-mail. The order confirmation will sent to Purchaser within ten days of the receipt of the order. If an order confirmation is not sent within the above-mentioned period, this shall constitute a refusal to accept the offer.
§ 3 Right of revocation
Information for Purchaser regarding revocation rights
Purchaser has the right to cancel an order within two weeks of it coming into effect without giving reason by giving notice in writing (e.g. letter, e-mail, fax) or by returning the goods.
The deadline for the right of revocation shall begin at the earliest with the coming into effect of the contract and the receipt of this explanation of Purchaser s revocation rights.
A revocation is in time if it or the goods are posted before expiry of the deadline. The revocation should be sent to:
Gottfried – Hagen - Str. 60
Telefon : +49 221-942217-1
Fax : +49 221-942217-2
Consequences of revocation
If an order is revoked, both parties shall ensure that goods and payments received shall be returned. If Purchaser is unable or only partly able to return goods received, or only able to do so in a worse condition, he/she must compensate Koffski for any deterioration in value. This does not apply when goods are returned if any deterioration is attributable to examination of the goods - as would possibly be the case in a shop.
We hereby draw Purchaser s attention to the fact that any liability for compensation resulting from deterioration in value can be prevented if Purchaser does not use the goods as his own property and avoids doing anything that would detract from their value.
Purchaser shall bear the costs incurred in returning the goods if the goods supplied are the same as the goods ordered and the order value does not exceed the sum of €40.00 or, where the value of Purchaser s order is higher, if at the time when the order is revoked Purchaser has not made the full or a contractually agreed part payment in return. In all other cases, the returning of the goods is free of charge for Purchaser. Purchaser shall fulfil any obligations with respect to repayment of payments within 30 days of sending his/her notice of revocation.
End of information for Purchaser regarding revocation rights
§ 4 Prices
All prices given include value added tax, for which the rate is currently 19%. The shipping costs listed under § 8 are extra.
§ 5 Reservation of ownership
The goods supplied remains the property of Koffski until payment has been received in full.
§ 6 Rights of Purchaser in the event of defects; exclusion and demarcation of liability
Koffski tries to ensure that any pictures of products depicted on its domains are kept up-to-date. Slight deviations in the colour and processing of products have to be accepted because of the fact that the products are handmade from natural materials.
Any claims by Purchaser for subsequent performance, revocation and diminution where there is a defect in the goods purchased shall be in accordance with legal requirements if no other regulation is given here.
We are unable to guarantee for defects or damage resulting from unsuitable or improper use, non-observance of appropriate instructions for use and care instructions, or improper use. In addition Koffski offers no guarantee for any damage to any other objects or items of clothing resulting from the properties of the leather, a natural product, especially any loss of colour as a result of wetting of the leather.
Exclusion of liability, limitation of liability:
In addition to any warranty claims we shall only be liable for claims for compensation if we or our vicarious agents have acted with intent or gross negligence. We shall be liable for claims for compensation if damage is the result of a breach of significant contractual responsibilities or is based on claims in accordance with §§ 1, 4 of the Product Liability Act.
The exclusion of liability in the case of simple negligence shall not be applicable where defects cause damage to life, limb or health; in such cases, we shall also be responsible in the case of simple negligence by our legal representatives or vicarious agents.
§ 7 Reservation of the right to rescind
If goods ordered are not available as a result of force majeure, i.e. resulting from circumstances that were unknown to us at the time the contract was made or that are due to circumstances outside our field of business for which we are not responsible, we reserve the right to rescind the contract.
We will inform Purchaser without delay of the non-availability of the goods ordered; we will reimburse Purchaser without delay for any payments in return already made.
§ 8 Delivery, shipping costs, form of delivery, delivery date, additional costs
Shipment shall be made within three weeks of the written order confirmation being sent by Koffski. The goods will be shipped to the invoice address unless a different address has been specified by Purchaser in his/her order.
Shipping Costs within Germany are EUR 7.90. Shipping costs within the EU and Switzerland are EUR 19.90. Shipping costs to all other countries are EUR 39.90. Purchaser shall bear all additional charges incurred, e.g. for taxes and duties. Koffski ships goods exclusively as insured parcels via a parcel service.
§ 9 Payment, set-off of payment, right of retention
Purchaser can choose between two different methods of payment:
- Purchaser can pay for the goods prior to shipment by bank transfer to Koffski s account. In this case, the amount invoiced is payable immediately upon receipt of the order confirmation sent by Koffski.
- It is also possible to pay for the goods prior to shipment using a credit card as part of the ordering process.
Purchaser can only off-set any counterclaims that are legally binding, undisputed or uncontested by Koffski. Purchaser can only validate any claim for the right of retention that is based on the same contract of sale.
§ 10 Privacy and data protection
We will only keep on file such data as are needed to process an order. All personal information will be treated in strict confidence. No data will be passed to any third party for advertising purposes. Purchaser s rights in connection with relevant legislation will be observed when processing data.
§ 11 Jurisdiction, applicable law
It is agreed that the place of jurisdiction for all legal disputes arising from this contract as a result of dealings with merchants or legal persons governed by private law, including actions relating to bills of exchange and cheques, shall be Cologne, Germany; in such cases Koffski shall have the right, however, to instigate legal proceedings at the domicile or usual place of residence of Purchaser.
All contractual relationships with Koffski shall be subject to German law.