(1) The following conditions apply to all contracts, deliveries and other services. We hereby expressly reject any differing general terms of contract of the purchaser. Any differences require our express confirmation in writing.
(2) Our online offers, the details in our online catalogue and our overall online presence are non-binding and subject to confirmation, inasmuch as parts or contents of the same are not expressly referred to as binding.
(3) "Promotional offers" and / or "Special Sale Offers/Items" are only intended for end customers, guests or visitors, unless explicitly stated otherwise. This means that "Promotional offers" and / or "Special Sale Offers/Items" are not the basis for retailer discounts and / or employee discounts.
(4) We expressly reserve the right to make changes to the colour and design of articles as well as technical changes or improvements.
(5) The terms used in these competition entry conditions are applicable for both the female and male gender and are expressly not used to the detriment of one gender.
(6) We only ship our articles and merchandise to the following countries for logistic and tax reasons, as well as certain customs conditions:
Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Germany, Finland, France, Greece, Hungary, Italy, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom
2. Conclusion of contract
(1) Our offers are subject to confirmation.
(2) As a customer, you are bound to your orders for two weeks. Any deviations must be expressly stated in the order. In other respects, you have a right of revocation pursuant to Section 312 g of the German Civil Code (BGB); you will find a sample in the Annex.
(3) The orders are accepted via a written order confirmation or via the concurrent or subsequent shipment of the merchandise to the delivery address specified by the customer. The individual contract therefore comes into being upon receipt of the written order confirmation or the receipt of the merchandise at the delivery address specified by the customer.
(4) The information with respect to delivery dates is non-binding, inasmuch as the delivery date has not been expressly confirmed as binding in writing. Any subsidiary agreements require our express confirmation in writing.
(1) The merchandise must be inspected immediately after receipt. Any material or manufacturing defects or damage caused in transit must be immediately reported in writing by you as the customer. Any visible damage caused in transit must also be noted on the delivery note or the delivery confirmation of the transport service provider.
(2) During the warranty period of two years after delivery, you initially have the right to supplementary performance free of charge. We will repair the article (rectification of the defects complained of) or exchange it in whole or in part (subsequent delivery) at our discretion.
(3) If a defect is not remedied within a reasonable period, you have the following option: either rescission (cancellation of purchase) or abatement (purchase price reduction).
(1) Payment can be made by cash before delivery or via PayPal, SOFORT Überweisung (instant bank transfer) or credit card.
(2) Payments are processed by: Heidelberger Payment GmbH, Vangerowstraße 18, 69115 Heidelberg, Germany
5. Delivery and delivery volumes
(1) Delivery can also be provided in partial quantities depending on the availability of the merchandise.
(2) The customer cannot assert any right to complete delivery.
(3) In the event of incorrect customer orders of merchandise from our usual offer, the customer shall return the merchandise to us undamaged and carefully packed at their own expense. In this case, we are also entitled to demand processing costs of 10% of the net merchandise value for the resulting administrative and warehousing effort.
(4) In the event of incorrect delivery of merchandise from our usual offer by us, or in the event of legitimate warranty claims, the customer shall report this immediately and keep the merchandise in a safe place. We are entitled and obligated to have the merchandise collected from the customer at our expense.
(5) A minimum order value of €10 is defined for orders. Incoming orders below the minimum order value (this means the total value of the merchandise without delivery charges) will only be processed by us with the payment of an additional charge of €5 to compensate for expenses. The customer is not obliged to purchase a minimum quantity.
6. Packaging and shipment
(1) The price includes the packaging of the delivered goods. If otherwise agreed in writing by way of exception, the packaging will be charged at cost price.
(2) Return of the packaging requires special agreement.
(3) We will comply with the applicable statutory provisions (e.g. Packaging Ordinance (VerpackV)) with respect to the use of packaging and padding materials and, in particular, only use packaging and padding materials that are registered at one of the providers of a nationwide take-back system and pay the requisite fees and charges for use.
(4) Shipment is provided depending on the customer address on the basis of the following table. A transport service provider is assigned at our discretion. We prefer to use GLS as a service provider.
|National parcel shipping|
|Germany||Shipping charges (net)|
|up to10kg||5,00 €|
|up to 31,5kg||7,00 €|
|up to 500kg||35,00 €|
|International parcel shipping|
|up to 31,5kg|
|Country||Shipping charges (net)|
|Czech Rep.||9,00 €|
|Great Britain||15,00 €|
|International parcel shipping|
|up to 500kg||60,00 €|
Other countries on request.
(5) The risk transfers to the customer upon delivery of the articles supplied at the delivery address.
(6) The duration of the shipment depends on the individual circumstances.
7. Printing inks
(1) The colour of digital printing inks can deviate.
(2) The customer accepts a deviation within a range of 10%.
8. Unavailability of the ordered merchandise/force majeure
(1) If we cannot supply the merchandise you have ordered in due time, or even not at all on account of the unavailability of a product or its materials or on account of force majeure, we will you inform immediately and advise you of the probable new date of delivery.
(2) If delivery is impossible or we cannot meet the new date of delivery, we can withdraw from the contract if the prerequisites according to Section 6 (3) are met. In this case, we will reimburse any payments you have already made without delay.
(3) We can withdraw from the contract in accordance with Section 6 (2) - if a supplier does not deliver merchandise in due time through no fault of our own, although we had concluded a congruent covering transaction, i.e. a supply contract with the supplier of the merchandise existed on the date of conclusion of your contract with us, which justified the expectation from an objective point of view that we would be able to supply you under normal circumstances with the merchandise as agreed, and this is not merely a short-term impediment to delivery; - in the case of force majeure, i.e. when an unpredictable and exceptional event significantly delays the delivery or makes it impossible and we cannot avoid this by any means acceptable to us, as well as in the case of strikes at the production location, accidents or if severe weather affects the transport routes.
(4) Our and your statutory right of withdrawal remains unaffected by the right of withdrawal according to this Section, as are the statutory provisions concerning the execution of the contract, in the case of an exclusion of the obligation to perform (e.g. on account of impossibility or unreasonableness).
9. Industrial property rights and copyrights
(1) We reserve the industrial property rights and copyrights for all services provided, in particular, to graphic designs, word and figurative marks, layouts, etc.
(2) The customer only pays for the respective ordered merchandise and acquires no further rights to our industrial property rights, copyrights or other ancillary copyrights. In particular, the customer is not entitled to any right to make copies of or otherwise reproduce our performance results or articles.
(3) However, the simple, non-transferable and non-sublicenseable right of reproduction can be granted to the customer against payment of a fee under a separately concluded written agreement. We will not grant the simple, non-transferable and non-sublicenseable right of reproduction to the customer until payment of the fee agreed therein. There is no entitlement to conclude such a separate agreement.
10. Data protection
(1) Processing your data
Data is collected, stored and processed by us within the scope of the statutory provisions for the pre-contractual obligations, conclusion, execution and rescission of a contract of purchase. The IP address currently used by the PC of the customer, date and time, the browser type and the operating system of the PC, as well as the pages viewed by the customer, are logged in a visit to our website. However, inferences in relation to personal data are not possible and also not intended.
The personal data that the customer communicates to us e.g. in the case of an order or by email (e.g. name and contact data) is only processed for correspondence with the customer and only for the purposes for which the customer made the data available to us. We only disclose this data to the forwarder commissioned with the delivery inasmuch as this is required for delivery of the merchandise. We disclose the payment data of the customer to the credit institute assigned with the payment for the processing of payments.
We hereby declare that this personal data is not disclosed to third parties in other respects, unless we would be duty bound to do this or the customer has given their express consent beforehand. Inasmuch as we use the services of third parties for the implementation and execution of processing operations, the provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) are complied with.
(2) Period of storage
Personal data that the customer has disclosed to us via the website, the webshop, online sales portals, such as Mobile.de, or social media, such as Facebook, is only stored until the purpose for which this data was supplied to us has been fulfilled. Inasmuch as storage periods under commercial and tax law have to be complied with, the storage duration for certain data may be up to 10 years.
(3) Rights of the customer
If the customer no longer consents to the storage of personal data or if it is no longer correct, we will arrange to delete, correct or block the data according to the written instructions of the customer within the scope of the statutory provisions. Upon written request, the customer will receive information concerning his or her stored personal data free of charge.
The Internet pages use “cookies” at several points. These serve the purpose of making our offer more user-friendly, effective and secure. Cookies are small text files that are placed on your computer and stored by your browser. Most cookies used by us are those known as "session cookies". They are automatically deleted when your visit ends. Cookies do no damage to your computer and contain no viruses.
11. Place of performance and court of jurisdiction
(1) Unless otherwise provided in the individual contract, our place of business is the place of performance.
(2) The complaint shall be raised at the court responsible for our registered office for any disputes arising from the contractual relationship if the customer is a merchant, a legal entity under public law or a special fund under public law. This is the only competent court for the customer. We are also entitled to take legal action at the place of business of the customer.
(3) The laws of the Federal Republic of Germany shall exclusively apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and any provisions of German international private law that would lead to the application of the laws of any other jurisdiction.
(4) The contractual language is German as a recognised official language of the European Union.
12. Right of revocation
In accordance with sub-section 2.2., you have a right of revocation provided that you are a normal consumer pursuant to Section 13 of the German Civil Code (BGB). You can revoke your declaration of contract within 14 days without giving reasons by means of an unambiguous declaration. The prescribed time limit is 14 days from the date of receipt of this notification on a durable medium (1). In order to exercise your right of revocation, you must (2) inform the shop operator of your decision to revoke this contract by means of an unambiguous declaration on a durable medium (e.g. letter, telefax, email). (3) The dispatch of the revocation in due time before expiry of the revocation time limit is sufficient to meet the revocation deadline if the declaration is provided on a durable medium (e.g. letter, telefax, email).
You will find further details about the right of revocation here https://www.gesetze-im-internet.de/bgbeg/art_248anlage_3.html and here https://www.gesetze-im-internet.de/bgb/__312g.html and here https://www.gesetze-im-internet.de/bgb/__355.html.
Consequences of the revocation
If you revoke this contract, we will reimburse all payments received from you, including the delivery costs (with the exception of the additional costs incurred because you selected a different type of the delivery from the cheapest standard delivery offered by us), without delay but no later than fourteen days from the date on which we received notice of the revocation of this contract. We will use the same means of payment for this reimbursement as you used for the original transaction, unless expressly agreed otherwise with you; you will not incur any charges as a result of this reimbursement under any circumstances.
You also can electronically fill in and send the sample revocation form (see here or at the end of the T&C) or another unambiguous declaration at our website at www.koegel-shop.com.
If you make use of this option, we will immediately send you confirmation of the receipt of such a revocation (e.g. by email).
Return of the merchandise
You must send back or hand over the merchandise without delay, but in any event, no later than fourteen days from the date on which you advise us of the revocation of this contract to Kögel Trailer GmbH, Kögel Fanshop, Am Kögel-Werk 1, 89349 Burtenbach, Germany. The time limit is deemed to have been complied with if you send off the merchandise before expiry of the prescribed time limit of fourteen days.
We can refuse repayment until we have received the merchandise or until you provide documented evidence that you have sent back the merchandise, whichever is earlier.
You pay the direct costs for the return of the merchandise.
Supplementary information about revocation
You have to pay for any loss in value of the merchandise, only if this loss in value is attributable to handling that is not necessary for inspecting the quality, properties and function of the merchandise.
As a general principle, the right of revocation is not in force for contracts for the supply of merchandise that is manufactured to customer's specifications or tailored to personal requirements.
Please use the following form in the case of a revocation.
13. Severability clause
If any provision of these terms and conditions should be or become totally or partially ineffective, the validity of the remaining Terms and Conditions shall not be affected. In place of the invalid provision, the legally permitted provision that most closely applies to the expressed aim and purpose of the invalid provision shall apply. The same applies in the case of a loophole in these Terms and Conditions.
Sample revocation form
Complete and return this form if you wish to revoke the contract.
Name, address as well as telefax number and email address of the trader if applicable
I/we hereby revoke the contract concluded by me/us for the purchase of the following merchandise/the provision of the following service:
................................................................................................................................................ Name of the merchandise, as well as order number and price if applicable
Merchandise ordered on: ............................. Date
Merchandise received on: ............................. Date
Name and address of the customer
Date Signature of the customer
14. Online dispute resolution and participation in conciliation proceedings
From 15th February 2016, the EU Commission will provide a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without having to go to court. The dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr/.
Our company always tries to settle any disagreements arising from a contract concluded online by mutual agreement. Our company is not obliged to participate in arbitration proceedings and therefore does not offer you the opportunity to participate in such proceedings.