1. Scope
2. Conclusion of contract
3. Prices and payment terms
4. Delivery and shipping conditions
5. Right of withdrawal
6. Retention of title
7. Liability for defects
8. Redemption of gift vouchers
9. Redeeming promotional vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Information on online dispute resolution
1. Scope
1.1. These general terms and conditions (hereinafter referred to as “GTC”) of “Robert Koschitz GmbH” (hereinafter referred to as “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) enters into with the seller about the terms and conditions specified by the seller in his goods offered in the online shop. The inclusion of the customer's own conditions is contradicted unless otherwise agreed.
1.2. These General Terms and Conditions apply accordingly to the purchase of vouchers if and to the extent not expressly stipulated otherwise.
1.3. A consumer is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to either their commercial or independent professional activity.
1.4. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1. The presentation of the goods, particularly in the online shop, does not constitute a binding offer from the seller.
2.2. First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all the data required for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button that completes the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart.
The customer can also make this offer to the seller by fax, email, post or telephone.
2.3. The seller accepts the customer's offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Request for payment from the customer after placing the order
or
- Delivery of the ordered goods
The first alternative that occurs is decisive for the time of acceptance.
The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this constitutes rejection of the offer. The customer is then no longer bound to his declaration of intent.
2.4. The contract text of the contract concluded between the seller and the customer is saved by the seller. The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions on this page at any time. The order data, the cancellation policy and the general terms and conditions will be sent to the customer by email. After completing the order, the contract text is accessible to the customer free of charge via their customer login, provided they have opened a customer account.
2.5. All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the browser's back button or the usual mouse and keyboard functions. In addition, if available, the customer has access to correction buttons that are labeled accordingly.
2.6. The contract language is German.
2.7. It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails relating to this order can be delivered.
3. Prices and payment terms
3.1. The prices displayed are final prices including statutory sales tax, unless otherwise agreed.
If additional shipping costs apply, this can be found in the product description.
3.2. If delivery is made to non-EU countries, additional customs duties, taxes or fees may have to be paid by the customer to the relevant customs or tax authorities there or to credit institutions.
The customer is advised to check the details with the relevant establishments or authorities before ordering.
3.3. The customer can select the payment methods available in the online shop.
3.4. When paying via "PayPal", payment is processed via PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. Paypal’s terms of use apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
4. Delivery and shipping conditions
4.1. The delivery of goods by shipping takes place at the delivery address provided by the customer. Deviating from this, when paying via PayPal, the delivery address provided by the customer with PayPal at the time of payment is decisive.
4.2. Delivery by freight forwarder is carried out “free curbside”, i.e. to the public curbside closest to the delivery address. This only applies if nothing else is stated in the seller's shipping information and nothing else has been agreed.
4.3. If the seller incurs additional costs due to providing an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller gave him appropriate prior notice of the service. Excluded from this regulation are the shipping costs if the customer has effectively exercised his right of cancellation. Here, the legal regulation or the regulation made by the seller remains.
4.4. If self-collection has been agreed, the customer will be informed by the seller that the goods he has ordered are ready for collection. After receiving this email, the customer can pick up the goods at the seller's headquarters or at an agreed location after consultation with the seller. In this case there are no shipping costs.
4.5. Vouchers are provided to the customer in the following form:
- by email
- via download
- by post
5. Right of withdrawal
5.1. If the customer is a consumer, he or she generally has a right of withdrawal.
5.2. The seller's cancellation policy applies to the right of cancellation.
5.3. Consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded do not have the right of withdrawal.
6. Retention of title
If the seller makes advance payment, the goods remain the property of the seller until the purchase price has been paid in full.
7. Liability for defects
7.1. With regard to the warranty, the provisions of statutory liability for defects apply, unless otherwise agreed in these General Terms and Conditions.
7.2. The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Non-compliance has no impact on the customer's legal or contractual claims for defects.
8. Redemption of gift vouchers
8.1. Vouchers that were purchased via the seller's online shop ("gift vouchers") can only be redeemed in the seller's online shop.
8.2. Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining credit will be credited to the customer's voucher account until the expiry date.
8.3. Gift vouchers can only be redeemed before completing the ordering process. There will be no subsequent redemption.
8.4. Only one gift voucher can be redeemed per order. It is not possible to redeem multiple gift vouchers in one order.
8.5. Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for using a voucher.
8.6. If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to pay the difference.
8.7. Balances on gift vouchers will not be paid out and will not bear interest.
8.8. Gift vouchers are generally transferable.
The seller can make payments with discharging effect to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible lack of authorization, incapacity to do business or lack of authorization to represent the respective owner.
9. Redeeming promotional vouchers
9.1. Vouchers that the seller gives out free of charge as part of (promotional) campaigns with a specific period of validity and which the customer cannot purchase ("promotional vouchers") can only be redeemed in the seller's online shop and only within the period specified by the seller.
9.2. Promotional vouchers can only be redeemed by consumers.
9.3. Individual products may be excluded from the voucher campaign.
The specific restrictions can be found in the promotional voucher if applicable.
9.4. Promotional vouchers can only be redeemed before completing the ordering process. There will be no subsequent billing.
9.5. Only one promotional voucher can be redeemed per order. It is not possible to redeem multiple promotional vouchers in one order.
9.6. The value of the goods in each order must be at least the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
9.7. If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to pay the difference.
9.8. The balance of a promotional voucher will neither be paid out nor interest.
9.9. The promotional voucher will also not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.10. The promotional voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.
10. Applicable Law
10.1. The law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods.
The legal regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular the state in which the customer as a consumer has his habitual residence, remain unaffected.
10.2. This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
11. Place of Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business.
If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer's registered office.
12. Information on online dispute resolution
The EU Commission's online dispute resolution platform can be accessed on the Internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
