General Terms and Conditions

§ 1 Scope and provider

1.These General Terms and Conditions apply to all orders you place with the online store www.gewuerzmuehle-kohl.de
of
Guido Kohl Product Development / Industrial Design, August-Bebel-Str. 26-53 Medienhaus, 14482 Potsdam by the sole proprietor Guido Kohl.
2. The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
3. Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions that contradict our terms and conditions is already being objected to.
4. The language of the contract is exclusively german.
5. You can read the currently valid General Terms and Conditions on the
Website https://www.gewuerzmuehle-kohl.de/allgemeine-geschaftsbedingungen/
retrieve and print.

§ 2 Conclusion of the contract

1. The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding invitation to order goods in the online shop.
2. By clicking on the button ["Order now for payment" / "buy"] you make a binding purchase offer (Section 145 Of the German Civil Code).
3. Upon receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This acknowledgement of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
4. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or if we send the goods to you - without prior express declaration of acceptance.

§ 3 Prices

The prices mentioned on the product pages contain the statutory value added tax and other price components and are understood to be exclusive of the respective shipping costs. Further information on shipping costs can be found on our website under ["Shipping Information" / "Terms of Delivery"].

§ 4 terms of payment; Default

1. Payment is made by:
Invoice by prepayment, credit card or PayPal
2. We are responsible for selecting the payment methods available. In particular, we reserve the right to offer you only selected payment methods for payment, for example to cover our credit risk only in advance.
3. If you select the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
4. Payment by cash on delivery is not offered by us.
5. When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). The actual debiting of your credit card account will take place at the time we ship the goods to you.
6. When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. Further information can be obtained during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
7. Payment by direct debit is not offered by us.
8. If you are in arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base interest rate. For each written reminder sent to you after the delay has occurred, you will be charged a reminder fee of EUR 2.50, unless a lower or higher damage is proven in individual cases.

§ 5 Set-off/right of retention

1. You shall only be entitled to set-off if your counterclaim has been legally established, is not disputed or accepted by us or is recognised or is in close synallagmatic relation to our claim.
2. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery; Ownership

1. Unless otherwise agreed, the goods will be delivered from our warehouse to the address you have specified.
2. The goods remain our property until full payment of the purchase price.
3. As an exception, we are not obliged to deliver the ordered goods if we have ordered the goods properly on our part, but have not been delivered correctly or on time (congruent cover transaction). The prerequisite is that we are not responsible for the lack of availability of goods and have informed you of this circumstance immediately. In addition, we must not have assumed the risk of sourcing the ordered goods. In the event of unavailability of the goods, we will refund payments already made to you without delay. We do not assume the risk of having to procure an ordered goods (procurement risk). This also applies to the ordering of goods which are described only by their nature and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
4. If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following shall also apply:
We reserve ownership of the goods until all claims arising from the current business relationship have been fully severed. Pledging or transfer of security is not permitted prior to the transfer of ownership of the reserved goods.
You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount that you accumurate from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
In the event of combination and mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
We undertook to release the securities to which we are entitled upon request insofar as the realisable value of our securities exceeds the claims to be secured by more than 10%. It is up to us to select the collateral to be released.

§ 7 Cancellation

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. make the purchase for purposes that cannot be attributed primarily to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions.

Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must contact us
Company: Guido Kohl Product Development / Industrialdesign
Address: August-Bebel-Srasse 26-53 Medienhaus, 14482 Potsdam, Germany
Email: shop@gewuerzmuehle-kohl.de
by means of a clear statement (e.B. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undisclosed and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment.
We may refuse the 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 or to [the name and address of a person authorised by you to receive the goods] without delay and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, characteristics and functioning of the goods.

Sample withdrawal form

If you wish to cancel the contract, please fill out this form and send it back.
To
Guido Kohl Product Development / Industrial Design
August-Bebel-Srasse 26-53 Medienhaus, 14482 Potsdam, Germany
Email: shop@gewuerzmuehle-kohl.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*): [.........]
Ordered on (*)/received on (*): [.........]
Name of consumer(s): [.........]
Address of the consumer(s): [.........]
Signature of the consumer(s) (only in case of communication on paper)
Date [.........]
(*) Inaccurate deletion.

End of the revocation instruction

1. The right of withdrawal does not exist at the time of delivery
goods which are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.B T-shirts with your photo and name),
sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
goods, if they have been inseparably mixed with other goods after delivery due to their nature,
sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;
newspapers, magazines or magazines, with the exception of subscription contracts.
2. Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide sufficient protection against transport damage with appropriate packaging in order to avoid claims for damages due to damage caused by defective packaging.
3. Please inform us before returning by e-mail: shop@gewuerzmuehle-kohl.de of the intended return. In this way, you enable us to assign the products as quickly as possible.
4. Please note that the modalities set out in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8 Damage

1. Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the Right to Buy (§§ 433 ff. BGB ).
2. If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the limitation period for warranty claims for used goods - contrary to the statutory provisions - is one year. This limitation does not apply to claims arising from damage resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligation) as well as for claims due to other damages, which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
3. For the rest, the statutory provisions apply to the warranty.
4. If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the statutory provisions apply with the following modifications:
Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public advertisements and statements and other advertising by the manufacturer.
You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. The timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later on from detection. In the event of a breach of the obligation to investigate and complain, the assertion of the warranty performance claims is excluded.
In the event of defects, we shall at our discretion provide warranty by rectification or replacement delivery (subsequent performance). In the event of repair, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
If the subsequent performance fails twice, you can demand a reduction at your discretion or withdraw from the contract.
The warranty period is two years from delivery of the goods.

§ 10 Liability

1. Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for slight negligence in the event of damage resulting from injury to the life, body and health of persons.
2. In the rest of the world, the following limited liability applies: In the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the foreseeable damages at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies to the benefit of our vicarious agents.

§ 11 Alternative dispute resolution

The European Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to your online order without the involvement of a court. The dispute resolution platform is https://ec.europa.eu/consumers/odr/erreichbar under the external link.
We make every effort to resolve any differences of opinion alike in our contract by mutual agreement. In addition, we are not obliged to participate in a conciliation procedure and unfortunately cannot offer you participation in such a procedure.

§ 12 Final provisions

1. Should one or more provisions of these General Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
2. Only German law applies to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country in which you are usually staying remain unaffected by the choice of law.
3. If you are a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the place of jurisdiction for all disputes arising out of or in connection with contracts between us and you.
As of: August, 2020

Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4