General Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Reservation of Proprietary Rights
- Redemption of Gift Vouchers
- Applicable Law
- Place of Jurisdiction
- Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Korduan Leather Company GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 Regarding the purchase of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.4 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by e-mail.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors. The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.7 The German and the English language are exclusively available for the conclusion of the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
4.5 Credit card payment via StripeWhen selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the Customer in the Seller's online store. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Stripe reserves the right to perform a credit check and to refuse this payment method if the credit check is negative. Further information on Stripe is available on the Internet at https://stripe.com/de.
4.6 If the payment method "immediate bank transfer" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12,80339 Munich (hereinafter referred to as "IMMEDIATE"). If he wants to be able to pay the invoice amount via “immediate bank transfer,” the Client must have an online banking account that is activated for participation in “immediate bank transfer”. Furthermore he must have the appropriate credentials during the payment process, and must confirm the payment instruction to IMMEDIATE . The payment transaction will be executed immediately afterwards and the Client’s bank account debited accordingly. Further information on the payment method “immediate bank transfer” can be called up by the Client at https://www.sofort.com.
5) Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons.
5.4 Vouchers will be provided to the Client as follows:
- by e-mail
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.
6) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
7.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:
7.2 If the Client acts as trader
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
- for used goods, the rights and claims for defects are excluded,
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
7.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply
- to claims for damages and reimbursement of expenses of the Client,
- if the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.
7.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
7.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.
7.6 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
7.7 The Seller shall not be liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any deviating contractual conditions of the respective service provider shall apply.
8) Redemption of Gift Vouchers
8.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller’s online shop, unless otherwise stipulated in the voucher.
8.2 Gift vouchers and remaining assets of gift vouchers can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.
8.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
8.4 Only one gift voucher can be redeemed per order.
8.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
8.6 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
8.7 The gift voucher credit will not be redeemed in cash and is not subject to any interest.
8.8 The gift voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the gift voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
9) Applicable Law
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
9.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
10) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
11) Alternative dispute resolution
11.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
11.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
12) Special Conditions of Action "Christmas Deals 2021"
Action period: The benefit offer of the promotion "Unique Deal: The Office" is valid from 26.11.2021 to 12.12.2021 inclusive. The benefit offer of the promotion "Unqiue Deal: The Daily Inspiration" is valid from 26.11.2021 to 12.12.2021 inclusive. The benefit offer of the promotion "Unqiue Deal: The Journey" is valid from 26.11.2021 to 19.12.2021 inclusive.
Action content: The benefit offer of the promotion "Unique Deal: The Office" is valid for the following products: HR-BC-1-1_c, HR-BC-1-1_con, HR-BC-1-1_db and HR-BC-1-1_b. For the product HR-BC-1-1_c, the item HR-WAL-1-2_c will be included as an addition to your order. For the product HR-BC-1-1_con the article HR-WAL-1-2_con will be added to your order. For the product HR-BC-1-1_b the article HR-WAL-1-5_b will be added to your order. For the product HR-BC-1-1_db, one of the following items will be added to your order: HR-WAL-1-2_c, HR-WAL-1-2_con, HR-WAL-1-5_c, HR-WAL-1-5_b. The add-on must be added independently in the shopping cart. The benefit offer of the promotion "Unique Deal: The Daily Inspiration" is valid for the following product combination: HR-FB-1-2_c, HR-FB-1-2_con, HR-FB-1-2_db, HR-FB-1-2_vdb, HR-FB-1-2_b, HR-FB-1-3_c, HR-FB-1-3_con, HR-FB-1-3_db, HR-FB-1-3_vdb, HR-FB-1-3_b, HR-FB-2-1_c, HR-FB-2-1_con, HR-FB-2-1_db, HR-FB-2-1_b, HR-FB-2-2_c, HR-SH-2-3_c, and HR-SH-2-3_b in combination with any of the following: HR-WAL-4-1_c, HR-WAL-4-1_con, HR-WAL-4-1_db, HR-WAL-4-1_vdb, HR-WAL-4-1_b, HR-WAL-4-2_c, HR-WAL-4-2_con, HR-WAL-4-2_db, HR-WAL-4-2_vdb, HR-WAL-4-2_b, HR-WAL-4-3_c, HR-WAL-4-3_con, HR-WAL-4-3_db, HR-WAL-4-3_vdb, HR-WAL-4-3_b, HR-WAL-9-1_con, HR-WAL-4-5_c, HR-WAL-4-5_con, HR-WAL-4-5_db, HR-WAL-4-5_b, HR-WAL-8-1_c, HR-WAL-8-1_con, HR-WAL-8-1_db, HR-WAL-8-1_vdb, and HR-WAL-8-1_b. For these products, one of the following items will be included as an addition to your order: HR-ST-1-1_c, HR-ST-1-1_con, HR-ST-1-1_db, HR-ST-1-1_b, HR-ST_2-1_c, HR-ST_2-1_con, HR-ST_2-1_db, HR-ST_2-1_vdb, HR-ST_2-1_b, HR-ST-4-1_zzbw, HR-ST-4-1_azco, HR-ST-4-2_zzbw or HR-ST-4-2_azco. The encore must be added independently in the shopping cart. The benefit offer of the promotion "Unique Deal: The Journey" is valid for the following products: HR-HOL-8-1_c, HR-HOL-8-1_con, HR-HOL-8-1_b, HR-HOL-8-1_db, HR-HOL-8-2_c, HR-HOL-8-2_db, HR-HOL-8-2_vdb, HR-HOL-8-2_b, HR-HOL-8-2_con, HR-HOL-17-1_con, HR-HOL-14-1_con, HR-HOL-13-1_c, HR-HOL-13-1_db, HR-HOL-12-1_c and HR-HOL-11-1_c. For these products, one of the following items will be included as an add-on to your order: HR-WB-3-1_c, HR-WB-3-1_con, HR-WB-3-1_db, HR-WB-3-1_b, HR-WB-5-1_c, HR-WB-5-1_con, HR-WB-5-1_db, HR-WB-5-1_vdb, HR-WB-5-1_b, HR-WB-5-2_c, HR-WB-5-2_con, HR-WB-5-2_db or HR-WB-5-2_vdb. The addition must be added independently in the shopping cart.
Changes and special cases: We reserve the right to make changes to the promotion details at short notice. The special offers are only valid while stocks last. Cancellation: If you are entitled to a right of cancellation with regard to your order and should you make use of this right after submitting your contractual declaration as a whole or with regard to a part of your order, with the consequence that the special offers mentioned by us are not purchased in combination or only individual articles of the special offer remain in the possession of the buyer, we reserve the right to demand the return of the free gift already given to you or to invoice the individual articles at their full price. In this case, you must return the addition to us together with the revoked goods to the address listed in our revocation instructions or pay the full amount of the respective item. With regard to the costs for the return shipment, the provision made in our cancellation policy shall also apply in this respect. If you cannot return the addition to us or can only return it in a deteriorated condition, we reserve the right to assert claims for value or damages in this respect.