TERMS AND CONDITIONS
1. Contractual partners
1.1 The following General Terms and Conditions (hereinafter referred to as "General Terms and Conditions" apply to all contracts for the purchase of goods in the online shop of Korduan Leather Company GmbH, Bergstrasse 22, 10115 Berlin, Germany (hereinafter referred to as "K. L. Co.") e.g., accessible via by the customer (hereinafter referred to as "Customer"; K. L. Co. and the Customer hereinafter jointly referred to as the "Parties"). Any deviating terms and conditions of the Customer shall not become an integral part of the contracts between the Parties even if K. L. Co. does not expressly contradict their effectiveness. Contractual partners within the scope of the contract are exclusively K. L. Co. and the ordering Customer.
1.2 The following company provides customer service for the Online Store on the Seller's behalf. The Customer may contact it with questions, requests or complaints: HOLZRICHTER Berlin, Korduan Leather Co. GmbH, Bergstrasse 22, 10115 Berlin, Germany, E-mail: firstname.lastname@example.org
1.3 The range of goods in the Online Store is aimed only at consumers of legal age who can provide a delivery address in the following countries: Australia, Austria, Belgium, Bulgaria, Denmark, Germany, Estonia, Finland, France, Greece, United Kingdom, Ireland, Italy, Japan, Croatia, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Canada and the USA; Consumer within the meaning of the statutory definition is any natural person acting for purposes which are wholly or mainly outside his trade, craft or business.
2. Entering into a contract
2.1. The presentation of products in the online shop is not a legally binding offer, but only non-binding product advertising. By ordering goods, the Customer submits a binding offer to enter into a purchase contract. After submitting the order, the Customer will receive an email acknowledging receipt of the order (hereinafter referred to as "Order Acknowledgment"). This Order Acknowledgment represents acceptance of the offer, but this does not yet result in a contract coming into existence. A purchase contract between K. L. Co. and the Customer will only come into existence by means of a further express order confirmation (offer acceptance by K. L. Co. after checking the Customer data (credit and identity check) and availability of the goods) or by sending of the goods. The contract is concluded in English. The Seller will save a copy of the contract wording (consisting of the Order, the General Terms and Conditions and the Contract Confirmation), and forward it to the Customer.
1.2. Goods are only sold in usual household quantities.
1.3 In case of entering a mistake in the input of the order, the customer can view the final confirmation page before submitting the order. The customer can use the change or delete functions to correct the order before sending it to Korduan Leather Co. GmbH
1.4 For every product that is listed on the website, the customer can see the characteristics of the product and the validity of limited offers the product may have at that time.
3. Prices & payment methods
3.1. The prices stated in the online shop include statutory value-added tax plus any shipping costs. During the ordering process, the Customer will be provided with an overview showing the total price of the order before the order is sent.
3.2. The Customer can then make the payment by credit card, PayPal, SOFORTbanking or normal bank transfer.
3.3. The Customer can change the payment type stored in his/her user account at any time.
3.4. Payment of the purchase price is due immediately when the contract is concluded. If the due date is determined in accordance with the calendar, the Customer will be in arrears as soon as the deadline has been missed. In such event, the Customer is to pay K. L. Co. interest on arrears at a level of 5 percentage points above the base interest rate.
3.5. The obligation of the Customer to pay interest on arrears shall not exclude the possibility of asserting a claim for further damages by K. L. Co..
3.6. If the Customer has chosen bank transfer as the payment method, the acceptance of the purchase contract by K. L. Co. is made on the condition subsequent that full and complete payment be made to K. L. Co. by bank transfer within seven (7) bank business days.
4. Delivery, Delivery Costs, Transfer of Goods
Delivery will be made according to our stated shipping costs. If the customer is a private consumer, we will, regardless of the method of transport in each case, carry the shipment risk. If the customer is an entrepreneur, all risks and dangers involved in the shipment will be passed over to the customer once the goods have been handed over by us to the logistics contractor.
5. Retention of title
The goods remain the property of K. L. Co. until full payment of the purchase price.
The warranty is governed by the statutory provisions. If the products on offer in the online shop are illustrated by images, these may show other items in addition to the product on offer (e.g., accessories and decorative elements). These items are not part of the product or the order. In addition, images may also show product samples and not the actual concrete product itself; in this case, the image will be identified accordingly. Only the product description will be governing with regard to the products on offer.
7.1. K. L. Co. shall be liable without limitation for any and all foreseeable damage and damage arising from acting with intent or with gross negligence. 7.2. In the event of simple negligence, K. L. Co. shall be liable without limitation for damage arising from injury to life, body or health. In the event of simple negligence as regards material obligations, the liability shall be limited to foreseeable damage typical for the contract. Material contractual obligations are such obligations, the fulfilment of which allow the proper performance of the contract in the first place and the breach of which endangers the achievement of the purpose of the contract and on the compliance with which the Customer may regularly rely. Otherwise, K. L. Co. shall not be liable for property damage and financial loss if caused by K. L. Co., a legal representative or vicarious agent in simple negligence.
7.3. To the extent to which the liability of K. L. Co. is excluded or limited, such shall also apply to the personal liability of employees, representatives and vicarious agents.
7.4. Liability under the German Product Liability Act shall remain unaffected by the provisions hereinabove.
8. Choice of Law and Jurisdiction
8.1 Contracts between the Seller and the Customer as well as these General Terms and Conditions are governed by the laws of Germany. Berlin is the exclusive place of jurisdiction for all disputes arising indirectly resulting disputes.
8.2 The contractual language is English
8.3 These terms and Conditions as well as the further relationship between K. L. Co. and the customer are subject to German law. The CISG does not apply.
9. Discount Codes
9.4 Multiple discount codes can not be combined for a purchase.
9.5 Discount codes can not be used for products which are already on sale.
10. Right of Withdrawal
Consumers as defined in § 13 German Civil Code have a legal right of withdrawal in the case of goods bought at a distance. In accordance with the legal provisions, we would like to inform you about this right as follows:
10.1 Customer cancellation (returns) policy
The right of withdrawal does not apply to distance contracts for the delivery of items which have been personalised or customised to suit the needs of a specific customer.
The customer may cancel the contractual agreement within 31 days, in writing, and return their item(s) without giving reason.
Cancellation can be made within up to and including a maximum of 31 days from the date that the final customer, excluding any middle or third parties, recieves the goods.
To give written notice of your refund, please contact us using the following details:
Korduan Leather Company GmbH
Phone: +49 30-55578435
Please include a clear statement of your decision to withdraw from the contract of sale (the reason for return).
You may also complete and use the attached Cancellation Form to cancel the contract.
In order to observe the 31-day cancellation period, please make sure that you send us your decision to cancel before the deadline.
10.2 Effects of cancellation
If you cancel your order and withdraw from the contract of sale, we will return to you all of the payments that we have received from you, excluding delivery costs.
These amounts will be repaid immediately to you within 14 days from the date on which the notice of cancellation of your contract with us is received. For this repayment, we will use the same method of payment used for the initial transaction, unless you explicitly agree otherwise (in such a case, you will be charged a fee for this repayment).
We may withhold the reimbursement until we have received the goods from you, or until you have demonstrated that you have returned the goods, whichever is earlier.
Please return the goods promptly to us and, in any event, not later than fourteen days from the date on which you notify us of the cancellation of your contract. The deadline is met if you send back the goods before the period of 14 days. In the event of cancellation of an order, you bear the full cost of the return of goods. You will be required to pay for any diminished value of the goods.
10.3 Cancellation form
(Please complete and return this form to us if you would like to cancel a contract of sale/returns item(s))
Korduan Leather Company GmbH
Phone: +49 30-55578435
I hereby give notice that I conclude a contract for the purchase of the following products (*) / provision of the following services (*) Ordered on (*)/ received on (*) Customer Name Customer Address Customer Signature Date
(*) Delete as necessary