Terms and Conditions

General Terms and Conditions (GTC) for Consumers (as at 1 May 2020)

I. Scope of Application, Contract Language

1. These General Terms and Conditions (GTC) apply to and form an integral part of the contracts concluded between you and us, Koffer24 GmbH, Mauerberg 25, 86152 Augsburg, via our online shop www.koffer24.de.
2. These GTC apply only if you are acting as a consumer within the meaning of Section 13 of the German Civil Code (BGB). Section 13 BGB states: A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.
3. We generally deliver within the Federal Republic of Germany; for information on where else we deliver and under what conditions, please refer to the section “Delivery and Shipping Costs”. https://www.koffer24.de/versandkosten/
4. The language available for the conclusion of the contract is exclusively German. Translations of these General Terms and Conditions or of contracts concluded with us into other languages are provided for your information only; in cases of doubt, the General Terms and Conditions and contracts in German shall be deemed binding.
   
   

II. Precedence of mandatory consumer protection regulations

Should the contract concluded with you and/or these Terms and Conditions contain provisions which, at the time of concluding the contract with you,

• mandatory consumer protection provisions or
• your rights under mandatory consumer protection regulations are restricted by the contract concluded with you and/or these General Terms and Conditions,

the provision in question shall not apply and shall be replaced by the mandatory consumer protection provision. However, the remaining provisions of the contract concluded with you and/or these Terms and Conditions shall remain valid and continue to form part of our contractual relationship with you.

III. Notice: No participation in arbitration

The European Commission provides a platform for online out-of-court dispute resolution (ODR platform), which is available at http://ec.europa.eu/consumers/odr. Our email address is mail@Koffer24.de.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

IV. Conclusion of Contract

1. The presentation of the goods in our online shop does not constitute a legally binding offer from us, Koffer24 GmbH. Rather, our presentation is an invitation to you (invitatio ad offerendum) to place an order with us.
2. By clicking the “Place order” button during the ordering process, you are making a binding offer to purchase the goods displayed in the order summary.
3. If you receive an order confirmation from us after submitting your order, this does not yet constitute acceptance of your contractual offer. We only accept your offer, and a contract between you and us is only concluded, once we accept your order via a separate email or dispatch the goods.

V. Storage of the contract text

The terms of the contract, including details in particular of

• the goods ordered,
• the prices of the goods,
• delivery times,
• these Terms and Conditions and
• the cancellation policy

will be sent to you by email upon our acceptance of your offer (Section IV, paragraph 3 of these Terms and Conditions). We are not obliged to store the contractual terms sent to you by email in the same format as we sent them to you. If you wish to retain the contractual terms permanently, we recommend that you either print them out or save them permanently in another suitable manner.

VI. Processing, use and deletion of your data

1. We collect and process your personal data when you provide it to us
   1. when opening your customer account or
   2. for the performance of a contract. You can see from the relevant input form which data is collected and whether the entry is mandatory or supplementary and voluntary.
2. Once your business relationship with us has ended, we are only authorised to use the data you have provided for the purpose of contract fulfilment. Once the contract has been fully processed or your customer account has been deleted, we will block your data in accordance with the retention periods under tax and commercial law and delete it once these periods have expired. We will only continue to use your data if, following your request for deletion, you consent to further use of your data or if we have reserved the right to further use your data in accordance with the law, in which case we will inform you accordingly if necessary.
3. To fulfil the contract with you, we work with service providers who assist us, either fully or in part, in fulfilling our obligations towards you. Information and certain personal data relating to you will be transferred to these service providers. The transfer of data is always limited to what is strictly necessary, so that the service provider is able to perform its duties in the fulfilment of the contract. In particular,
   1. contracted transport companies receive the data necessary for the delivery of the goods,
   2. commissioned banks and payment service providers receive the data required to process the payment.
4. If you have subscribed to our newsletter, we will send you regular information about our range of products and services. By subscribing, you give us your consent to use the data you have provided for advertising purposes, and we will use this data exclusively for sending you advertising material. You may withdraw your consent at any time – simply send us a message. In this case, you will be immediately removed from our newsletter mailing list. In all other respects, paragraph 2 applies accordingly.
5. If we have obtained your email address in the course of your order without you having expressly subscribed to our newsletter mailing list, you will not receive any promotional information from us – we respect your privacy!
6. In all other respects, our privacy policy applies, which you can view here 

VII. Terms of Payment

1. The purchase price is due for payment immediately upon placing your order.
2. Please note that, depending on the payment method selected, we may engage credit institutions and/or financial service providers to whom we transmit or are required to transmit the relevant data from you necessary for payment processing. Depending on your previous behaviour regarding other purchases, it may happen on a case-by-case basis that, depending on the chosen payment method, we receive a rejection or a negative decision from a credit institution and/or a financial services provider.
3. In connection with the processing of your payment, we are entitled to assign or sell the purchase price claim against you to a credit institution or a payment service provider.

VIII. Retention of title

The goods remain our property until full payment has been made. If you are more than 10 days in arrears with payment, we have the right to withdraw from the contract and reclaim any goods already delivered.

IX. Delivery Terms

We deliver the goods in accordance with the agreements made with you. This includes, in particular,

• the delivery time agreed with you.
• the agreement regarding which carrier we will use to send the goods to you.
• the agreement as to whether and to what extent you are required to bear the costs of packaging and postage (postage costs).

X. Right of withdrawal; right of return

We provide you with the following information regarding your right of withdrawal.

You will be informed of this as part of the ordering process and in these Terms and Conditions as follows:

Right of withdrawal

You have the right to withdraw from this contract within 30 days without giving any reason.

The withdrawal period is 30 days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.

To exercise your right of withdrawal, you must inform us

Koffer24 GmbH
Mauerberg 25
86152 Augsburg

Telephone: +49 821 89 99 00 - 45
Email: mail@koffer24.de

by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day period.

Within the Federal Republic of Germany, we shall bear the costs of returning the goods.

Outside the Federal Republic of Germany, you shall bear the direct costs of returning the goods.

You will only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to check their condition, properties and functionality.

- End of the cancellation policy –

XI. Warranty

1. The statutory provisions regarding warranty apply; these provisions are not restricted in any way by the contract concluded with you and/or these Terms and Conditions.
2. Should we or third parties provide you with guarantees regarding the goods you have purchased, such guarantees do not in any way limit your statutory warranty rights.
   
   

XII. Limitation of Liability

1. The following provisions do not limit the statutory warranty we are required to provide; any mandatory liability on our part under the Product Liability Act remains unaffected.
2. Otherwise, we limit our liability to cases of intent and gross negligence. Notwithstanding this, we shall be liable for injury to life, limb or health resulting from a negligent breach of duty on our part or an intentional or negligent breach of duty by a legal representative or vicarious agent of ours, and for any other damage arising from a grossly negligent breach of duty on our part or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of ours.
3. Data communication via the internet cannot be guaranteed to be comprehensive, error-free and/or available at all times, given the state of the infrastructure and/or the current state of the art. We shall not be liable in this respect for the constant, location-independent and uninterrupted availability of our website.
   
   

XIII. Final Provisions

1. Amendments and additions to these General Terms and Conditions are exhaustive and conclusive. Amendments and additions must be in writing to be valid.
2. Should one or more provisions of these Terms and Conditions be or become invalid, the remaining provisions shall remain unaffected.

Klarna Terms and Conditions

Payment by invoice and finance

In cooperation with Klarna AB, Sveavägen 46, Stockholm, Sweden, we offer you purchase by invoice and instalment purchase as
payment options. Please note that Klarna Invoice and Klarna Instalment Purchase are available only to consumers and that payment must
be made to Klarna in each case.

Klarna Invoice

When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. You can find the full terms and conditions for
purchase on account here. 

Klarna Instalments
With Klarna’s financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (minimum €6.95). Further information on Klarna instalment plans, including the terms and conditions and the European
Standard Information on Consumer Credit, can be found here.