Terms & Conditions

General terms and conditions for sales contracts, concluded through the online shop at 

 

Between:

 

company: Kofi Kojo Berlin

managing director: Birsen Hazarhun e.K

Hedemannstr. 27, 10963 Berlin

 

- „the offeror“ -

 

and the customers defined in Sec. 2 of these terms and conditions

 

- „the customer“ –

 

 

§ 1 Area of Application, Definitions

 

1.1. The business relationship between the offeror and the customer (as defined below) is governed exclusively by the following general terms and conditions in their currently relevant version upon the time of the customer’s order. Standard business conditions of the customer do not apply, except the offeror accepts them expressively in written form.

1.2. The customer is „Consumer“ if he is entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code). A „Business Customer“ is a Customer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).

1.3. Only the German version of these general terms and conditions is legally relevant in any case. This English translation is only a special service offered to our customers without any legal relevance.

 

§ 2 Conclusion of Contract

 

2.1. The customer may choose from our non-binding offerings published in the Internet Shop and collect them in a virtual cart by using the button „add to cart“. By placing an order using the button „make purchase“ (which requires prior acceptance of these terms and conditions) he makes a binding offer to purchase the products collected at the virtual cart.

2.2. The offeror will send to the customer by automatic e-mail a confirmation of receipt, at which the customer’s order is shown once again and which the customer may print. The confirmation of receipt shall not constitute an acceptance of the order. The sales contract with the customer shall become effective upon the offeror’s acceptance, sent by a subsequent separate e-mail (order confirmation).

 

§ 3 Delivery, Product Availability

 

3.1. In the event that the product chosen by the customer upon placement of the order by the customer is out of stock, the offeror will inform the customer in the order confirmation without undue delay thereof. In the event that the product is out of stock permanently the offeror will not accept the customer’s offer. No contract will become effective in this event.

3.2. In the event the relevant product is out of stock only temporarily, the offeror will inform the customer in the order confirmation without any undue delay as well. If the product cannot be dispatched over a period of more than two weeks the customer has the right to withdraw from the contract. The offeror has the right to withdraw from the contract as well. He will refund payments on account to the customer immediately.

 

§ 4 Retention of Title

 

We retain legal title to any product supplied by us until the purchase price (including shipping costs) for such product has been fully paid.

 

§ 5 Prices and shipping costs

 

5.1. All prices presented at the offeror’s web site do include VAT pursuant to Sec. 19 of the German Value Added Tax Act.

5.2. The specific shipping costs (including packaging and postal charges) will be shown in the order form and need to be paid by the customer.

5.3. Shipment will be sent through Deutsche Post.

In the event that the customer is a consumer, the risk of shipment is taken by the offeror, otherwise the risk is taken by the customer.

5.4. In the event, that the customer revokes his offer, he shall bear the costs of reshipment, in case the dispatched product is in accordance to the ordered one and the price of the reshipped product does not exceed 30,00 EUR or, in case the price exceeds this amount, he hasn’t fulfilled his consideration or an agreed part payment, unless the dispatched product is not in accordance to the ordered one.

 

 

§ 6 Payments

 

6.1. The payment facilities will be shown in the order form.

6.2. Payment of purchasing price is due upon the effectiveness of the sales contract.

6.3. The obligation of the customer to compensate for default interest does not preclude the offeror’s rights of claiming for further damages caused by default.

 

 

§ 7 Warranty

 

7.1. The offeror is liable for defects of the delivered product according to the therefore relevant legal prescription, especially Sec. 434 ff. of the German Civil Code.

7.2. An additional warranty for the dispatched products shall only be valid if it is expressly labeled in the confirmation of receipt.

7.3. If the customer is a business customer, the offeror shall have the right to choose between repairing the defect or supplying another product (as ordered) which is free from defects at the offeror’s discretion. Such choice shall be made by the offeror by written notice (ie. „text form“, including by e-mail) within a period of three business days following receipt of the customer’s notice of the defect.

With regard to Business Customers only, the following shall apply: The customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or otherwise (ii) within five business days from the day when the defect has been identified.

 

§ 8 Liability

 

8.1. Damage claim by the customer is excluded. This does not apply in cases of damage claims by the customer from injuries of life, body, health or from violation of substantial contractual obligations as well as the liability for further injuries arising from intentional or grossly negligent breach of duty by the offeror, a legal representative or a person used to perform an obligation of the offeror. Substantial contractual obligations are the ones essential.

8.2. The offeror shall not be liable for damages, arising from simple negligent violation of substantial contractual obligations, which may not reasonably be foreseen and shall only be liable for damages typical for the contract. This does not apply to damage arising from injury to life, body or health.

8.3. The limitations of the para. 1 and 2 apply to legal representatives or persons used to perform an obligation of the offeror in the event that damage claims are directly asserted against them.

8.4. The provisions of this Section 8 shall not apply with respect to our liability under the German Product Liability Act.

 

 

§ 9 Revocation Instruction

 

The following right of revocation is valid only for customers who are consumers and is not valid for customers who are business customers.

 

Right of Revocation

You may declare the revocation of your contractual statement in text form (e.g. letter, email) or by returning the merchandise within a period of 14 days. The revocation does not have to contain any grounds. The revocation period begins the day following the receipt of this revocation instruction in text form, but not before receipt of the merchandise (in case of recurrent deliveries of similar merchandises not before receipt of the first part delivery) and not before the completion of our information duties pursuant to Art. 246 Sec. 2 in conjunction with Sec 1 para. 1 and 2 of the German Introductory Act to the Civil Code and our duties pursuant to Art. 312g Sec 1 of the German Civil Code in conjunction with Art. 246 Sec 3 of the German Introductory Act to the Civil Code.

The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment. The revocation is to be addressed to:

 

via mail:

Kofi Kojo

 

Birsen Hazarhun e.K

Hedemannstr. 27, 10963 Berlin

Germany

 

via E-Mail: lisa@kofikojo.com

 

Consequences of revocation

In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned on our risk. Things that cannot be shipped by parcel will be picked up. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of 30 Euro or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.

 

End of revocation instruction

 

 

§ 10 Data Protection

 

10.1. The offeror collects personal data in the context of the execution of the sales contract. The offeror acts in accordance with applicable law, especially the German Federal Act of Data Protection (Bundesdatenschutzgesetz) and the German Act of Tele-Media (Telemediengesetz). Without permission of the customer the offeror will only collect, process, or make use of personal data relating to the customer to the extent necessary for the purpose of the execution and implementation of the sales contract.

10.2. Without permission of the customer the offeror will not make use of personal data relating to the customer for the purpose of sales-promotion, marketing research, or opinion research.

 

11. Final provisions

 

11.1. The place of the performance is Berlin. If the Customer is a corporation, limited liability company, commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or if the Customer is a legal entity or special fund organized under public law, the courts at the place of business of the offeror shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract.

11.2. Any contracts entered into between the offeror and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.

11.3. In the event that single parts of this terms and conditions are legally void the contract remains applicable in all other parts. Applicable law, if existent, replaces the legally void parts. In the event that such replacement is an unreasonable hardship for one contract party, the contract in total turns legally void.

 

Kofi Kojo

managing director: Birsen Hazerhun e.K

Hedemannstr. 27, 10963 Berlin

Germany