Terms and Conditions
GENERAL TERMS AND CONDITIONS AND CUSTOMER INFORMATION
Status: 22.03.2021
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts you conclude with us as the provider (Kofferworld.de online-Vertriebs GmbH) via the website www.kofferworld.de. Unless otherwise agreed, the inclusion of any terms you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent 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 listing the respective product on our website, we make you a binding offer to conclude a purchase contract under the conditions specified in the product description.
(3) The purchase contract is concluded via the online storeping cart system as follows:
The goods intended for purchase are placed in the "basket." You can access the "basket" at any time via the corresponding button in the navigation bar and make changes there. After accessing the "checkout" page and entering your personal data as well as payment and delivery terms, all order details will be displayed again on the order overview page.
If you choose an instant payment system (e.g., PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung) as your payment method, you will either be directed to the order overview page in our online store or initially redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the corresponding selection or enter your data there. Finally, you will be redirected back to our online store to the order overview page.
Before submitting the order, you have the opportunity to review all information again here, change it (also using the "back" function of the internet browser), or cancel the purchase. By submitting the order via the "buy" button, you legally accept the offer, thereby concluding the purchase contract.
(4) Your requests for the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g., by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by e-mail. Therefore, you must ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured, and in particular, that it is not blocked by spam filters.
§ 3 Special agreements on offered payment methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
- Invoice: The payment term is 14 days from the shipment of the goods/ the ticket/ or, for other services, the provision of the service. You can find the full invoice terms for the countries where this payment method is available here: Germany.
- Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified at checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice. Further information about installment purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit for the countries where this payment method is available, can be found here (only available in the specified countries): Germany.
- Instant transfer: Available in Germany. Your account will be charged immediately after placing the order.
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. Therefore, we forward your data to Klarna within the scope of initiating and processing the purchase contract for the purpose of address and credit check. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
Further information and Klarna terms of use can be found here. General information about Klarna is available here. Your personal data will be processed by Klarna in accordance with applicable data protection regulations and as described in Klarna's Privacy Policy .
Further information about Klarna can be found here. You can find the Klarna app here.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising 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 additionally:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of 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 arising from the resale in the amount of the invoice total, and we accept the assignment. You remain authorised to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We commit to releasing the securities due to us at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) Statutory warranty rights apply.
(2) As a consumer, you are requested to immediately check the item upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.
(3) If you are an entrepreneur, the following warranty provisions apply deviating from the above:
a) Only our own specifications and the manufacturer's product description are considered agreed as the condition of the item, but not other advertising, public endorsements, or statements by the manufacturer.
b) In case of defects, we provide warranty at our discretion through repair or replacement. If the defect remedy fails, you may demand a reduction or withdraw from the contract at your choice. The defect remedy is considered failed after an unsuccessful second attempt, unless the nature of the item or defect or other circumstances indicate otherwise. In the case of repair, we are not obliged to bear the increased costs caused by transporting the goods from a location other than the place of performance, provided the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- for damages caused culpably attributable to us from injury to life, body, 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 condition of the item;
- for goods that have been used in accordance with their usual manner of use for a building and have caused its defectiveness;
- in the case of statutory recourse claims you have against us in connection with warranty rights.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationship with us as well as the place of jurisdiction is our registered office, unless 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 the place of residence or habitual residence is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention do not apply explicitly.
II. Customer Information
1. Identity of the Seller
Kofferworld.de online-Vertriebs GmbH
Lange Str. 19
26122 Oldenburg
Germany
Phone: 0441 219 751 919
E-mail: info@kofferworld.de
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at http://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online storeping cart system, the contract data can be printed or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For inquiries outside the online storeping cart system, you will receive all contract data as part of a binding offer by email, which you can print or save electronically.
4. Codes of conduct
4.1. We have committed to the buyer seal quality criteria of Händlerbund Management AG and, consequently, to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at:
http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and
http://www.ecommercetrustmark.eu/the-code-of-conduct/
4.2. We have committed to the code of honor of Trusted Shops GmbH, which can be viewed at the following link: http://www.trustedshops.de/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices listed in the respective offers as well as the delivery charges represent total prices. They include all price components, including all applicable taxes.
6.2. The applicable delivery charges are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective product description, will be separately indicated during checkout, and must be borne by you in addition, unless complimentary delivery has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which you must bear. Costs incurred for money transfers must also be borne by you in cases where delivery is made to an EU member state but the order was placed outside the European Union.
6.4. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective product description.
6.5. Unless otherwise stated for the individual payment methods, payment claims from the concluded contract are due immediately.
7. Delivery conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping 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 carrier or another person responsible for the shipment who was not named by the entrepreneur.
If you are an entrepreneur, delivery and shipping are at your risk.
8. Statutory liability for defects
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of Händlerbund specialized in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, please visit: http://www.haendlerbund.de/agb-service.