I. General Terms and Conditions
§ 1 Fundamental provisions
(1) The following terms and conditions apply to all contracts concluded with us as the provider (Koi-Area) via the website www.koi-area.de. Unless otherwise agreed, we object to the inclusion of any of your own terms and conditions that you may use.
(2) A consumer for the purposes of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of its self-employed professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we are making a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will finally be displayed again on the order summary page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as the payment method, you will either be taken to the order summary page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order summary page.
Before submitting the order, you have the option to check all information again, change it (also via the internet browser's "back" function) or cancel the purchase. By submitting the order via the button "buy now" (or "place order with obligation to pay"), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries regarding the creation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., via e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, partially automatically. You must therefore ensure that the e-mail address you have provided to us is correct, the receipt of e-mails is technically guaranteed and, in particular, is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition:
- a) We retain title to the goods until all claims from the ongoing business relationship have been settled in full. Prior to the transfer of title to the reserved goods, pledging or transfer by way of security is not permitted.
- b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total that accrue to you from the resale, and we accept the assignment. You remain authorized to collect the claim. Insofar as you do not properly fulfill your payment obligations, we reserve the right, however, to collect the claim ourselves.
- c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- d) We undertake to release the securities to which we are entitled upon your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 4 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not do so, this has no effect on your statutory warranty claims.
(3) Insofar as you are an entrepreneur, the following applies, deviating from the above warranty regulations:
- a) Only our own specifications and the manufacturer's product description are considered agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
- b) In the event of defects, we provide a warranty at our discretion by repair or replacement delivery. If the rectification of defects fails, you can demand a reduction in price or withdraw from the contract at your discretion. The rectification of defects is considered to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances suggest otherwise. In the case of repair, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of fulfillment, provided that the transport does not correspond to the intended use of the goods.
- c) The warranty period is one year from delivery of the goods. This reduction in the period does not apply:
- - for damages culpably caused by us arising from injury to life, limb or health and for other damages caused intentionally or by gross negligence;
- - insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- - for items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- - for statutory rights of recourse that you have against us in connection with rights of defects.
§ 5 Choice of law, place of performance, jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not deprive them of the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle).
(2) The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The authority to appeal to the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Sales Convention expressly do not apply.
Severability clause
The invalidity of a provision of these GTC has no effect on the validity of the other provisions.
II. Customer information
1. Identity of the seller
Provider according to § 5 TMG:
Koi-Area eGbR
Tomphecke 25
41169 Mönchengladbach
Germany
Responsible for content according to § 55 para. 2 RStV:
Tobias & Andreas von Komorowski
Tomphecke 25
41169 Mönchengladbach
Germany
Contact:
E-mail: info@koi-area.de
Phone: +49 152 27783926
Phone availability: Monday to Friday, 9 am – 3 pm
Managing Directors:
Tobias & Andreas von Komorowski
Tax number:
121/5826/6270
VAT identification number according to § 27a UStG:
DE315121235
Participation in dispute resolution proceedings
a) Online dispute resolution according to Art. 14 para. 1 ODR-VO: For consumers in the EU, there is a platform for online dispute resolution (ODR) at http://ec.europa.eu/odr. Our e-mail address: info@koi-area.de
b) According to the VSBG, private consumer arbitration boards have also been set up for the out-of-court settlement of legal disputes. There is no obligation on our part to participate in such dispute resolution proceedings. There is also no voluntary participation in such proceedings on our part. We therefore do not offer out-of-court dispute resolution proceedings under the VSBG.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. The complete contract text is not saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information legally required for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For requests for offers outside the online shopping cart system, you will receive all contract data in the context of a binding offer in text form, e.g., by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you additionally, unless free shipping is promised.
5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.4. If delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.5. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the goods sold during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
6.3. If you are an entrepreneur, delivery and shipment are at your own risk.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).