General terms and conditions (download- / printversion)

§ 1 General

(1) The following Business Terms and Conditions, in the version in force at the time of placing an order, govern exclusively the business relationship between Koio möbel, Proprietor Christof Biedermann, Senefelderstr. 25, 63069 Offenbach am Main (hereinafter "the Supplier") and the Customer (hereinafter "the Customer") Conditions of the Customer which deviate from these Business Terms and Conditions shall not be admitted, unless the Supplier has expressly acknowledged their validity in writing.
(2) The distinction shall be made for certain of the following provisions whether the Customer is a Consumer within the meaning of § 13 German Civil Code or a Trader within the meaning of § 14 Para. 1 German Civil Code. In provisions which differ for Consumer and for Trader the distinction shall be made in the text between Consumer and Trader. Where the text refers exclusively to the Customer, the provision shall be valid both for the Consumer and for the Trader.
(3) The furniture offered shall be manufactured predominantly from natural products. Where wood is used in production processes in particular there may be variations in colour or other inconsistencies arising from the natural growth of the wood. This is however customary in the trade and must be allowed for by the Customer when ordering.


§ 2 Conclusion of the Contract


(1) The Customer shall be able to put together a collection of products or select individual products, as he chooses, and to secure for himself a quotation concerning these by pressing the "Send" button. Thereby the presentation of the articles does not constitute a binding quotation. By pressing the "Send" button the Customer delivers a request for a quotation for the selected goods, according to the requirements of the Customer. Before dispatching the order the Customer shall be able to amend and review the data at any time. The request for a quotation can however be delivered and transferred only if the Customer accepts these contractual conditions by clicking the button, ?Accept BTC" and thereby incorporates them into his request for quotation.
(2) After dispatching his order the Customer shall be shown a summary. The Customer can print this out by using the printing function of his browser.
(3) Thereupon the Supplier shall send to the Customer a quotation with regard to his request for quotation. This shall be sent according to the choice of the Customer by e-mail or by post. The Supplier shall hold himself bound by this quotation for 14 days.
(4) The Contract shall be concluded, when the Customer has printed out, signed and returned the quotation by fax or by letter post to the Supplier. It shall be a prerequisite that the Customer has accepted these General Business Terms and Conditions.
(5) Contract languages are German and English


§ 3 Delivery, availability of goods


(1) The products selected by the Customer are not held in stock by the Supplier, but are individually manufactured to each Customer's requirements. Therefore the delivery period is about 10 weeks from receipt of payment.
(2) In the event that the Supplier cannot adhere to the stated delivery period, the Customer shall allow him a commensurate period of grace. This period must not be less than two weeks.
(3) If, through no fault on his part, the Supplier is unable to deliver the goods which have been ordered, because the delivery contractor of the Supplier has not fulfilled his contractual obligations, the Supplier shall be entitled to withdraw from the contract with the Customer. This right to withdraw however exists only where the Supplier has concluded a congruent covering transaction ( a binding, timely and adequate purchase order for the goods) and is also not obliged to represent the non-delivery of the goods in any other way. In such case the Supplier shall notify the Customer without delay that the goods on order are not available. Any consideration already received from the Customer shall be reimbursed without delay.
(4) In the event that the Supplier is prevented from fulfilling his obligation to deliver due to unforeseen circumstances, such as war, natural disasters and force majeure, which the Supplier was unable to anticipate with reasonable care according to the circumstances, the delivery period shall be extended accordingly. In this case also the Supplier shall notify the Customer without delay. The Customer's claims in law shall remain unaffected.
(5) The Supplier shall be entitled to deliver part-consignments of products included in an order which are separately useable, insofar as this is accepted as reasonable by the purchaser. The additional costs thereby occasioned shall be borne by the Supplier.

§ 4 Retention of title

The Supplier reserves to himself the title in the goods until such time as all payments due under the sales contract have been received. The Customer is bound to notify the Supplier without delay and in writing of any claims by third parties, in particular of any compulsory enforcement procedures, and similarly to inform him  of any other detriments whatsoever to his title. The Customer is bound to reimburse the Supplier for all damages and costs, which may arise due to an infringement of this duty or due to any necessary intervention procedures against claims by third parties. In the event that the Customer behaves in a manner that is contrary to the contract, (e.g. where the Customer fails to comply with his duty to pay despite the receipt of a demand for payment), the Supplier shall after a prior commensurate deadline has been fixed be entitled to withdraw from the contract and to demand the return of all goods remaining in his ownership. The redemption of the goods without distraint by the Supplier constitutes withdrawal from the contract. The shipping costs thereby occasioned shall be borne by the Customer. After the receipt of returned goods the Supplier shall be entitled to sell them. The proceeds of sale shall be offset against the liabilities of the Customer, less commensurate sale costs.

§ 5 Prices and shipping

(1) All prices which are quoted on the Web site of the Supplier are quoted in Euros and include Value Added Tax as required by law and it is understood that any respective shipping costs shall be additional.
(2) The relevant shipping costs are part of the respective request for quotation page and shall be borne by the Customer.
(3) The shipping methods which are possible are quoted to the Customer as part of the respective request for quotation page.


§ 6 Methods of payment, offset


(1) The Customer shall pay 50% in advance and 50% in cash on delivery, for which purpose the bank details of the Supplier shall be communicated to him as part of the ordering procedure.
(2) Payment of the purchase price is due  immediately on  conclusion of the contract. In the event that the due date for payment is determined according to the calendar, failure to meet the deadline puts the Customer into  arrears. In such case the Customer is bound to pay the Supplier interest on arrears in the amount of 5 percentage points above the base lending rate.
(3) The obligation of the Customer to pay interest on arrears does not exclude the enforcement by the Supplier of further damages for default .
(4) In the case where the Customer has not paid four weeks after the conclusion of the contract, the Supplier shall fix a commensurate period of grace for performance of payment by the Customer. In the event that this period elapses without payment having been received from  the Customer, the Supplier is entitled to withdraw from the contract.
(5) The claims of the Supplier can be offset only against undisputed or legally determined claims of the Customer.


§ 7 Defects liability, Guarantee


(1) Where the goods delivered are defective, the Customer is entitled to exercise his rights in law. If the Customer is a Trader, the Supplier shall be able to choose either to remedy the defect or to deliver goods free of defects.
(2) A guarantee exists for the goods delivered by the Supplier only where this has been expressly stated for the respective article in the confirmation of order. 
(3) If the Customer is a Trader, he is bound to comply with his legal examination and notification duties (§§ 377 and 381 German Commercial Code). In the event that  during this examination or at a later date a defect is revealed, he is bound to notify the Supplier without delay in writing. Notice is deemed to be given without delay when it is given within one week, whereby timely dispatch of the notice is sufficient to keep the term. Independently of this examination and notification duty the Customer who is a Trader must give notice in writing within one week of delivery of obvious  defects ( including  wrong and short deliveries), whereby here also timely dispatch of the notice is sufficient to keep the term. In the event that the Customer fails to carry out the examination and /or giving of notice in due form, the liability of the Supplier for the defect  of which he has not been notified is excluded.
(4) The defects liability endures for two years from date of delivery, if the Customer is a Consumer. In all other cases it endures for twelve months from date of delivery.
(5) Claims for damages by the Customer by reason of obvious defects are excluded, where the Customer has not notified the defect to the Supplier within a period of two weeks from receipt of the goods.
(6) The Supplier's products are natural products, whereby variations in colour and natural differences in the grain may occur in the visual appearance, in particular in products made of wood. These are not deemed to be defects. Inconsistencies in the grain of the product or in the intensity of colour in different component parts of a product or in comparison with other products in the same order remain expressly reserved, insofar as these are inherent to the nature of the raw materials used, and shall be accepted by the Customer  as reasonable and customary in the trade. The Supplier however  strictly respects high quality in the selection of his products and of his delivery contractors.
(7) All of the products displayed in the Supplier's online shop are labelled on visible surfaces with the type of wood. The additional use of other suitable materials is acceptable and customary in the trade insofar as this is accepted as reasonable by the Customer.
(8) In the event that defects should appear in the purchased item, the Supplier requests the Customer to document these to the best of his ability and to notify the Supplier as quickly as possible. It is preferable that the Customer takes photographs of the defects immediately upon discovering them and communicates these to the Supplier. The legal guarantee claims of the Customer, who is a Consumer, remain unaffected.


§ 8 Liability


(1) Claims by the Customer for  damages are excluded. Excluded therefrom are claims for damages by the Customer arising from injury to life, body or health or from the breach of fundamental contractual obligations (cardinal obligations), or for liability for other damages, which rely on deliberate or grossly negligent breach of duty by the Supplier, his legal representatives or vicarious agents. Fundamental contractual obligations are those whose fulfilment is necessary in order to attain the purpose of the contract.
(2) Where there is breach of fundamental contractual obligations the Supplier is liable only for foreseeable damages typical of the contract, which he has at the time of conclusion of the contract foreseen as possible consequences of a breach of contract or would have foreseen with the exercise of reasonable care and attention, where this has been caused  by simple negligence, unless the issue concerns claims by the Customer for damages arising from injury to life, body or health or the breach of duty results from gross negligence or deliberate act.
(3) The Supplier is not liable to Customers who are Traders for damages which rely on simple negligence, unless the issue concerns the breach of a cardinal obligation.
(4) The aforesaid reservations are valid also to the benefit of  the legal representatives and vicarious agents of the Supplier, even where claims made against them are valid.
(5) The provisions of the Product Liability Act remain unaffected.

Guidance on Revocation

§ 9 Right of Revocation

You can revoke your statement of  contractual agreement within 14 days without giving reasons in written form (e.g. letter, fax, e-mail) or - if the item is surrendered to you before expiry of the  stated period - by returning the item. The period for the deadline begins on receipt of this guidance, however not before the goods have been received by the consignee (for return delivery of similar goods not before receipt of the first part-consignment) and also not before we have fulfilled our duty to  inform pursuant to Article 246 § 2 in conjunction with § 1 Sections 1 and 2 of the Introductory Act to the Civil Code and our duties pursuant to § 312g Paragraph 1 Subparagraph 1 of the German Civil Code in conjunction with Article 246 § 3 of Introductory Act to the Civil Code. The revocation deadline is fulfilled by timely dispatch of the revocation or of the item.

 

The revocation must be addressed to:


Koio Möbel

Proprietor Christof Biedermann

Senefelderstr.25

63069 Offenbach am Main

Germany

Telefax: +49 (0) 69 351 038 89 E‐

mail: mail@koio.eu

 


Consequences of Revocation


 In the event of a valid revocation goods and services received by both parties and any profit derived therefrom, if any, such as interest shall be returned. In the event that you are unable to return or to release to us the goods and services received or can release or return them in part or only in a degraded condition, you must in this respect compensate us for lost value. You are required to compensate us for lost value for the degradation of the item and for profits derived therefrom only insofar as the profits or degradation can be traced to handling the item in a manner which exceeds the examination of its properties and mode of operation. "Examination of its properties and mode of operation" is understood to mean the testing and trying out of the respective goods, as is possible and customary for instance in retail business. Items suitable for shipment as a parcel shall be returned  at our risk. The routine cost of returning the goods shall be borne by you, where the goods delivered correspond to the goods ordered and where the price of the items to be returned does not exceed an amount of 40 Euros or where at the date of the revocation in the case of a higher price you have not yet provided the consideration or a part payment as agreed by  the contract. In all other cases return of the goods shall be free of cost for the Customer. Items which are not suitable for shipment as a parcel will be collected from your premises. The obligations to make payments must be fulfilled within 30 days. The period starts with the the dispatch of the statement of revocation or of  the item by the Customer ; the period starts for Koio möbel with the receipt of the said statement of revocation or of the item.

 

The right to revoke does not exist for goods covered by § 312 d Para. 4 of the German Civil Code. These include inter alia:

 

- Deliveries of goods, which have been manufactured according to the specifications of the Customer or which have been uniquely designed and produced to personal requirements.

- End of  Guidance on Revocation


§ 10 Shipment costs for return of goods under the right of revocation
Where the Customer exercises his right of revocation in accordance with the Guidance on Revocation, the routine cost of return shipment shall be borne by the Customer, where the goods delivered correspond to  the goods ordered and where the price of the returned item does not exceed 40 Euros or where in the case of an item at a higher price the Customer has at the date of revocation not yet provided the consideration or a part payment as agreed by the contract. In all other cases return shipment of goods shall be cost free for the Customer.


§ 11 Copyright


Insofar as is not otherwise provided, in the context of the item page the item descriptions and photographs  of the items displayed or advertised are the property of the Supplier. Any use whatsoever by a third party without the authorisation of the Supplier  is prohibited.
§ 12 Data Protection

(1) The Supplier shall collect data from the Customer as part of the process of drafting contracts. Thereby he shall comply with the provisions of the Federal German Data Protection Act  and the Federal German Broadcast Media Act. Unless the Customer has given his consent, the Supplier will collect, process or use only inventory and usage data of the Customer, insofar as this is necessary for the drafting of the contract and he shall be bound in law for the safe-keeping of this data.
(2) The Supplier shall not use data concerning  the Customer for the purposes of advertising, market or opinion research, unless the Customer has given his consent.
(3) The Customer has the right to require that any data saved concerning him be deleted and to forbid its use for the future. For this purpose an informal notification to the Supplier shall be sufficient.


§ 13 Final clauses


(1) All contracts between the Supplier and the Customer shall be governed by the Law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods
(2) Place of performance and Court of jurisdiction for all duties of the parties to this contract insofar as permissible in law shall be the domicile of the Supplier.
(3) The invalidity of individual provisions of this Contract shall not affect the validity of the Contract as a whole.