General terms and conditions of business
1. scope of application
For all orders via our online shop by consumers and entrepreneurs the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
In relation to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby contradicted; they shall only become part of the contract if we have expressly agreed to them.
2. contracting party, conclusion of contract
The purchase contract is concluded with Fritz Kopkau - Textilmanufaktur.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order together with acceptance of the order is sent by an automated e-mail immediately after sending. With this e-mail confirmation the purchase contract is concluded.
A binding contract can also be concluded previously as follows:
If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment instruction to PayPal.
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our terms and conditions by e-mail. You can view and download the AGB at any time also here on this page. You can view your past orders in our customer login.
3. terms of delivery
Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers.
In our shop the following payment methods are available to you:
If you choose the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
You pay the invoice amount via the online provider Paypal. You have to be registered there or register first, authenticate with your access data and confirm the payment order to us. You will receive further information during the ordering process.
5. reservation of proprietary rights
The goods remain our property until full payment has been received.
For entrepreneurs the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain entitled to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
6. transport damages
If goods with obvious transport damages are delivered, please complain about such errors as soon as possible to the deliverer and please contact us immediately. Failure to make a complaint or contact us will not have any consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or transport insurance.
7. warranty and guarantees
The statutory law on liability for defects shall apply. Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the shop.
Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 10:00 a.m. by telephone on 0209379194 and by e-mail at fritz.kopkau(@)yoorna.de
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
in case of injury to life, body or health
in case of intentional or wilful misconduct
in the case of guarantee promises, if agreed
as far as the scope of application of the product liability law is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise claims for damages are excluded.
9. online settlement of disputes
Online dispute resolution according to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/.
10. final provisions
We reserve the right to impose a virtual house ban for our website. This will be imposed, for example, if you as a business or private buyer do not pay for goods, become unobjective / insulting and/or threaten. Should this case occur, neither you nor your relatives may place orders with us on your behalf (both on the website and on other trading platforms where we are represented). In this case we ask you to switch to another seller. We also point out that your registration must be made under the correct clear name (LG München I, judgement of 25.10.2006, Az. 30 O 11973/05).
If you are an entrepreneur, then German law applies under exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
AGB free of charge provided with Trusted Shops legal texter in co-operation with Wilde Beuger Solmecke lawyers.