Terms and Condition
General Terms and Conditions
1. Scope of Application
(1.1) These General Terms and Conditions apply to the sale of goods by KOSLUX GmbH, Albert-Schweitzer-Straße 9, 72175 Dornhan (hereinafter referred to as "we" or "us") to the customer (hereinafter referred to as "customer" or "you") in our online shop.
(1.2) Deviating and/or supplementary terms and conditions of the customer are not part of the contract.
2. Distinction Between Entrepreneurs and Consumers
(2.1) Some provisions of these terms and conditions do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is particularly indicated at the respective point in these terms and conditions.
(2.2) "Consumer" within the meaning of these terms and conditions is, according to the legal definition in § 13 of the Civil Code, any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
(2.3) "Entrepreneur" within the meaning of these terms and conditions are, according to the legal definition in § 14 of the Civil Code, natural and legal persons or legal partnerships capable of holding rights, who, in the exercise of their commercial or independent professional activity, enter into a business relationship with us.
3. Customer Account
(3.1) For the convenient use of the online shop, you have the option to open a customer account. You are obligated to treat your access data such as your password confidentially and to inform us immediately in case of loss or unauthorized use of your access data.
4. Conclusion of Contract, Contract Language
(4.1) Only the order of the goods and/or services by you constitutes a binding offer to conclude a corresponding contract. To place an order, you put the selected goods in the shopping cart, go through the further ordering process on the website, and enter the requested information there. Before submitting the order, you have the opportunity to review and, if necessary, correct all order data. Only by sending the order do you make a binding offer to us to conclude a contract.
(4.2) We can accept your offer within two days by:
- sending an order confirmation by post, fax, or email,
- sending the goods, or
- requesting payment. The decisive factor for compliance with the deadline is the time of receipt of our order confirmation, goods, or payment request by you.
(4.3) The contract language is German.
5. Storage of Contractual Terms
We store the contractual terms, i.e., the order data and the present terms and conditions. You can print or save the contractual terms on your part by using the usual functionality of your browser (usually "Print" or "File" > "Save as"). The order data is included in the order overview displayed in the last step of the order. The contractual terms including the General Terms and Conditions are also included in the email with the order confirmation that we send you in case of acceptance of your order.
6. Delivery Disturbances
If an ordered item is not available because we are not supplied by our supplier without our fault despite its contractual obligation, we are entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered goods are no longer available and will promptly refund any services already rendered.
7. Payment
If advance payment is agreed, payment is due immediately after conclusion of the contract.
8. Retention of Title
(8.1) Regarding consumers: The product delivered by us remains our property (reserved goods) until full payment has been made.
(8.2) Regarding entrepreneurs: We retain ownership of the reserved goods until receipt of all payments from the business relationship with the customer. We undertake to release our securities at the request of the customer to the extent that the value of our securities exceeds the secured claims by more than 20%; the selection of the securities to be released is made by us. The customer is entitled to resell the reserved goods in the ordinary course of business to a third party; however, the customer hereby assigns to us all claims arising from the resale.
9. Warranty Claims
(9.1) Regarding consumers: The statutory warranty provisions apply to our warranty obligations.
(9.2) Regarding entrepreneurs: If the customer acts as a merchant within the meaning of § 1 of the Commercial Code, the customer must examine the goods immediately upon receipt. Recognizable defects must be reported to us immediately upon receipt of the goods or - if the defect only becomes apparent later - immediately upon discovery in writing. To preserve the customer's rights, timely dispatch of the notice is sufficient. If this does not happen, the goods are considered approved. This does not apply if we have fraudulently concealed the defect. If there is a defect in the purchased item, we initially provide warranty by subsequent performance, at our discretion either by remedying the defect or by delivering a replacement. If subsequent performance fails, the customer is entitled to reduce the remuneration or - in the case of significant defects - to withdraw from the contract. Claims of the buyer due to defects in goods shall become statute-barred one year after delivery of the purchased item to the customer. Claims for damages by the buyer, which are directed at the replacement of a bodily or health injury due to a defect for which we are responsible, or at gross negligence by us or our vicarious agents, are excluded from this; for these claims, the statutory limitation period applies.
10. Limitation of Liability
For our liability for damages applies:
(10.1) In the event of intent and gross negligence, including that of our vicarious agents, we shall be liable in accordance with statutory provisions. The same applies to damages caused negligently by us from the injury to life, body, or health.
(10.2) In the event of negligently caused property and financial losses, we shall only be liable in the event of a breach of essential contractual obligations, but limited in amount to the foreseeable and typical damages at the time of conclusion of the contract; essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely.
(10.3) Otherwise, our liability, irrespective of its legal basis, is excluded.
(10.4) The exclusions and limitations of liability in the preceding paragraphs (10.1) to (10.3) shall apply mutatis mutandis in favor of our vicarious agents.
(10.5) Liability for assuming a guarantee or under the Product Liability Act remains unaffected by the exclusions and limitations of liability in the preceding paragraphs (10.1) to (10.4).
11. Choice of Law, Jurisdiction
(11.1) The law of the Federal Republic of Germany shall apply. The UN Sales Law is excluded. In relation to a consumer, this choice of law only applies insofar as it does not restrict any mandatory statutory provisions of the country in which he has his habitual residence.
(11.2) The place of jurisdiction for merchants, legal entities under public law, or special funds under public law is the registered office of our company. However, we are also entitled, at our discretion, to sue at the customer's registered office.