General Terms and Conditions for Orders in the Online Shop, Stand 09/2019
§ 1 Validity
The following conditions apply to deliveries of goods and the purchase of event tickets of Kohl Automobile GmbH (hereinafter referred to as Kohl GmbH) on the basis of online orders via the online shop. The customer's terms and conditions do not apply, even if they are not expressly contradicted.
§ 2 Order
The customer's online order is a binding offer to conclude a sales contract for the ordered goods or to purchase the desired event ticket. By clicking the "BUY" button at the end of the ordering process, the binding offer for the customer is sent to Kohl GmbH.
§ 3 Conclusion of the purchase contract
All offers within the scope of the online shop are subject to change without notice and contain only an invitation to the customer to submit a contract offer. A sales contract for the goods or a contract for the purchase of an event ticket does not come into effect with the mere confirmation of receipt of the order, but only when Kohl GmbH has sent the customer a confirmation of contract by email or has carried out the delivery within 14 days.
§ 4 Input errors
The customer can correct his entries before submitting his order with the help of the "Back" button. The corrections can be made (also using the usual keyboard and mouse functions (back button of the browser)) directly on the previous order page in the corresponding input fields. The order can still be changed from the shopping basket before an order. After clicking the "BUY" button, a correction itself is no longer possible. In addition, input errors can also be corrected by aborting the purchase process and restarting the order process.
§ 5 Contract language
Only the German language is available for the conclusion of the contract.
§ 6 Event Tickets
After the conclusion of the contract, there is no claim to the return of the event tickets. In the case of services in the area of leisure activities with a fixed performance date, in particular the sale of tickets for events, there is no right of revocation pursuant to §312g Para. 2 No. 9 BGB (German Civil Code). Each order is binding upon conclusion of the contract and obliges the customer to pay. However, event tickets will of course be taken back if the event is cancelled by Kohl GmbH. If the customer loses admission tickets or if they are lost in his area of responsibility, Kohl GmbH is not obliged to procure a replacement. Delivered tickets remain the property of Kohl GmbH until full payment has been made and can be reclaimed by the ticket purchaser if payment has not been received.
§ 7 Price and payment
Purchase via PayPal: When paying via PayPal, you will be redirected to the PayPal website for payment during the ordering process. There you can log in with your user data and make the payment if you are already a PayPal customer. Otherwise you can first open a user account and then make the payment.
Purchase on account (PayPal): You do not need a PayPal account for this. You will be redirected to PayPal during the order process and enter your payment information there. After confirmation of the button "Agree and pay" you will be redirected to the Kohl online shop and will receive a confirmation of receipt by email. PayPal reserves the right to check your creditworthiness with this payment method and your details will be transmitted to PayPal for this purpose. A successful credit check is a prerequisite for the purchase on account. The invoice amount must be paid to PayPal within 30 days of the order date. The bank details as well as the intended purpose are on the invoice.
Purchase via credit card (PayPal): For this payment method you do not need a PayPal account. You will be redirected to PayPal during the ordering process. In order to complete the order, PayPal still needs your payment information. After entering this information and pressing the "Pay Now" button, you will return to the Kohl online shop and receive a confirmation of receipt by email.
Purchase via direct debit (PayPal): For this payment method you do not need a PayPal account. You will be redirected to PayPal during the ordering process. In order to complete the order, PayPal still needs your payment information. After entering this information and pressing the "Pay Now" button, you will return to the Kohl online shop and receive a confirmation of receipt by email. PayPal reserves the right to perform a credit check with this payment method and your details will be transmitted to PayPal for this purpose. A successful credit check is a prerequisite for the purchase via direct debit.
In the case of payment in advance, payment must be made within 7 (seven) days after conclusion of the contract. The time of receipt of money by Kohl GmbH is decisive.
The customer is only entitled to set-off rights if his counterclaims are legally established, undisputed or acknowledged by Kohl GmbH. Counterclaims of the customer from the same contractual relationship are excluded from this. The customer is only entitled to a right of retention if it is based on the same contractual relationship.
In the case of an effective revocation of the contract declaration (see point revocation instruction) Kohl GmbH also grants back any shipping costs for the delivery, unless these are additional costs that have arisen because the customer has opted for another type of delivery than the standard delivery (e.g. express or express surcharges).
The direct costs for the return of the goods in the case of an effective revocation of the contract declaration (see point revocation instruction) shall be borne by the customer if the delivered goods ordered and if the price of the goods to be returned does not exceed an amount of 200 EURO. Otherwise the return is free of charge for the customer and Kohl GmbH bears the return costs.
§ 8 Delivery, condition of the goods
The delivery of goods takes place regularly on the shipping route with DHL. The delivery time is to be taken from the respective offer. Kohl GmbH reserves the right to make insignificant changes, in particular improvements to the goods, customary in the trade until delivery, if the interests of the customer are not unreasonably impaired by this.
§ 9 Warranty
If the purchased item is afflicted with a material defect, the customer shall be entitled to his statutory liability for defects without limitation.
§ 10 Damages
In all cases in which Kohl GmbH is obliged to pay damages or reimbursement of expenses on the basis of contractual or statutory claims, it shall only be liable insofar as it, its executive employees and vicarious agents are guilty of intent, gross negligence or injury to life, body or health. The strict liability according to the Product Liability Act remains unaffected. The liability for the culpable violation of essential contractual obligations (e.g. those which the sales contract wants to impose on the seller according to its content and purpose or the fulfillment of which enables the proper execution of the sales contract in the first place and on the fulfillment of which the customer regularly trusts and may trust) also remains unaffected. The liability is limited in this respect, however, except in the cases of sentences 1 and 2, to the foreseeable, contract-typical damage. A change in the burden of proof to the disadvantage of the customer is not associated with the above provisions. Insofar as the liability for damages towards Kohl GmbH is excluded or limited, this shall also apply with regard to the personal liability for damages of employees, workers, representatives and vicarious agents.
§ 11 Retention of title
The goods remain the property of Kohl GmbH until final payment of the purchase price plus a flat rate for shipping costs.
§ 12 Data protection
The data of the customer necessary for the business transaction will be stored and treated confidentially in compliance with the data protection basic regulation (DSGVO) as well as the relevant national regulations. The customer is advised that we collect, store, process and use the data received in connection with the contractual relationship to the extent necessary for the proper processing of the order and information. Further details can be found in the data protection declaration.
§ 13 Applicable law Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of Kohl GmbH; Kohl GmbH is however entitled to sue the customer at the court of his place of residence. Rights arising from the contractual relationship with Kohl GmbH may only be assigned with Kohl GmbH's prior written consent. The law of the Federal Republic of Germany shall apply exclusively to all claims arising from the contract to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Should any of these conditions be void or ineffective or not be carried out by mutual agreement between the parties, the validity of the remaining provisions shall not be affected.
§ 14 Consumer mediation, information in accordance with § 36 VSBG
Kohl GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.
§ 15 Storage of contracts
These general trading conditions as well as the order data are sent to you by email. You can also view the general terms and conditions at any time at www.acschnitzer.shop . You can view your previous orders in the "My Orders" section if you have registered as a customer and logged in via the website with your access data. These general terms and conditions are valid without signature.
Cancellation Policy Status: 08/2019
Consumers are entitled to a right of revocation in accordance with the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity:
Right of revocation:
They have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you who is not the carrier of the goods took or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us (KOHL automobile GmbH, Neuenhofstraße 160, 52078 Aachen, Tel: +49 (0) 241 5688- 300, Fax: +49 (0) 241 5688- 223, E-Mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation:
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment for such refund as you used for the original transaction unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days after the day on which you notify us of the revocation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed 200 EURO. Otherwise the return is free of charge for you and Kohl GmbH bears the return costs.
You only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary for checking their condition, properties and functionality.
Important note - No right of withdrawal / premature expiry of the right of withdrawal:
In the case of services in the area of leisure activities with a fixed performance date, in particular the sale of tickets for events, there is no right of revocation pursuant to §312g Para. 2 No. 9 BGB.
The right of revocation expires for contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Cancellation form (If you want to cancel the contract, please fill out this form and send it back.) To KOHL automobile GmbH, Neuenhofstraße 160, 52078 Aachen E-Mail: email@example.com Fax: +49 (0)241 - 5688-223
Herewith I/we (*) hereby cancel 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 consumer(s) (only if communicated on paper) _____________________________________ Date (*)