General Terms and Conditions for Orders in the Online Shop, Stand 02/2022
§ 1 Validity
The following terms and conditions apply to the delivery of goods and the purchase of event tickets of Kohl Automobile GmbH (hereinafter referred to as Kohl GmbH) based on online orders placed via the online shop. Terms and conditions of the customer do not apply, even if they are not expressly contradicted.
§ 2 Order
The customer's online order is a binding offer to conclude a purchase contract for the ordered goods or to purchase the desired event ticket. By clicking on the button "BUY" 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 made within the framework of the online shop are subject to change and merely contain an invitation to the customer to submit a contract offer. A contract of sale for the goods or a contract for the purchase of an event ticket does not come into existence with the mere confirmation of receipt of the order, but only when Kohl GmbH has sent the customer a confirmation of contract by email within 14 days or has carried out the delivery.
§ 4 Input Errors
The customer can correct his entries before submitting his order by using 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 is placed. 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 starting again with 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 basically no right to take back the event tickets. In the case of services in the field of leisure activities with a fixed date of performance, in particular the sale of tickets for events, there is no right of withdrawal in accordance with §312g para. 2 no. 9 BGB (German Civil Code). Each order is binding upon conclusion of the contract and obliges payment.
However, event tickets will of course be taken back if the event is cancelled by Kohl GmbH.
If the customer loses tickets or if they are lost within the customer's area of responsibility, Kohl GmbH is not obligated to provide a replacement. Delivered tickets remain the property of Kohl GmbH until full payment has been made and may be reclaimed from the ticket purchaser in the event of non-payment.
§ 7 Price and Payment; Shipping and Return Costs
All prices are quoted in euros. The prices are to be understood as final prices, i.e. they include all price components, including the statutory German value added tax. In addition, there is a flat rate for shipping and handling.
Unless otherwise stated, invoices are payable by PayPal (purchase, purchase on account or purchase via direct debit), immediate bank transfer or prepayment.
Purchase via PayPal: When paying via PayPal, you will be redirected to the PayPal website for payment within the order 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 ordering process and enter your payment information there. After confirming the button "Agree and pay" you will be redirected back to the Kohl Onlineshop and receive a confirmation of receipt by email. PayPal reserves the right to carry out a credit check for this payment method and your details will be transmitted to PayPal for this purpose. A successful credit check is a prerequisite for purchase on account. The invoice amount must be paid to PayPal within 30 days of the order date. The bank details and the reason for payment can be found on the invoice.
Purchase by credit card (PayPal): You do not need a PayPal account for this payment method. You will be redirected to PayPal during the ordering process. To complete the order, PayPal still needs your payment information. After entering this information and pressing the button "Pay now", you will be redirected to the Kohl Onlineshop and will receive a confirmation of receipt by email.
Purchase via direct debit (PayPal): You do not need a PayPal account for this payment method. You will be redirected to PayPal during the order process. To complete the order, PayPal still needs your payment information. After entering this information and pressing the button "Pay now", you will be redirected to the Kohl Onlineshop and will receive a confirmation of receipt by email. PayPal reserves the right to perform a credit check for this payment method and your information will be transmitted to PayPal for this purpose. A successful credit check is a prerequisite for the purchase via direct debit.
When paying by Sofortüberweisung (an online payment system of Sofort GmbH, Theresienhöhe 12, D-80339 Munich), you will be redirected to the Sofortüberweisung website during the ordering process. In a pre-filled form you have to enter your payment information and then confirm the transaction with your PIN and TAN.... After entering this payment information, the purchase price is immediately and directly transferred to the merchant's bank account.
In the case of payment in advance, the payment must be made within 7 (seven) days after conclusion of the contract. The date on which the money is received by Kohl GmbH is decisive.
The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by Kohl GmbH. This does not apply to counterclaims of the customer arising from the same contractual relationship. The customer is only entitled to a right of retention if it is based on the same contractual relationship.
In the event of an effective revocation of the contractual declaration (see point Revocation Policy), Kohl GmbH will also refund any shipping costs for the delivery, provided that these are not additional costs incurred due to the fact that the customer has opted for a type of delivery other than the standard delivery (e.g. express or express surcharges).
The customer shall bear the direct costs for the return of the goods in the event of an effective revocation of the contractual declaration (see point revocation instruction) if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 200 EURO. Otherwise, the return shipment is free of charge for the customer and Kohl GmbH bears the return shipment costs.
§ 8 Delivery, Condition of the Goods
The delivery of goods is regularly carried out by DHL. The delivery time can be found in the respective offer.
Kohl GmbH reserves the right to make insignificant customary changes, in particular improvements to the goods, up to the time of delivery, provided that the interests of the customer are not unreasonably impaired thereby.
§ 9 Warranty
If the purchased item has a material defect, the customer is entitled to its statutory warranty rights without limitation.
§ 10 Compensation
In all cases in which Kohl GmbH is obligated to pay damages or reimbursement of expenses on the basis of contractual or statutory claims, Kohl GmbH is liable only to the extent that Kohl GmbH, its executives and vicarious agents are guilty of intent, gross negligence or injury to life, body or health. Liability without fault under the Product Liability Act shall remain unaffected. Liability for the culpable breach of essential contractual obligations (=such as those which the purchase contract specifically intends to impose on the seller according to its content and purpose or the fulfilment of which makes the proper performance of the purchase contract possible in the first place and on the observance of which the customer regularly relies and may rely) shall also remain unaffected. However, except in the cases of sentences 1 and 2, liability in this respect is limited to the foreseeable damage typical for the contract. A change in the burden of proof to the detriment of the customer is not associated with the above provisions.
To the extent that liability for damages against Kohl GmbH is excluded or limited, this also applies with respect to the personal liability for damages of the employees, representatives and vicarious agents.
§ 11 Retention of Title
The goods remain the property of Kohl GmbH until final payment of the purchase price plus shipping costs.
§ 12 Data Protection
The customer's data necessary for the business transaction will be stored and treated confidentially in compliance with the German Data Protection 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 proper order processing 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, also entitled to sue the customer at the court of his place of residence.
All claims arising from the contract shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Should individual provisions of these terms and conditions be void or ineffective or not be implemented by mutual agreement between the parties, the validity of the remaining provisions shall not be affected.
§ 14 Consumer arbitration, information according to § 36 VSBG
Kohl GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 15 Contract Storage
These general terms and conditions as well as the order data will be sent to you by email. You can also view the general terms and conditions at any time at www.remus-motorrad.de. 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: 02/2022
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- 222, Fax: +49 (0) 241 5688- 223, E-Mail: email@example.com) 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 the revocation:
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received 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: firstname.lastname@example.org 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 (*)