The special case-shop in Bonn

General Terms and Conditions

Valid from 28.07.2009. These terms and conditions supersede all previous versions.

1. Scope
1. All orders, deliveries and services are subject exclusively to these General Terms and Conditions. Deviating customer conditions shall not be accepted by Kofferfunshop, hereinafter referred to as www.kofferfunshop.de, unless www.kofferfunshop.de has expressly acknowledged them as valid in writing.
2. Offer and Contract Conclusion
1. Your order constitutes a binding offer to www.kofferfunshop.de for concluding a sales agreement. By placing an order, the purchaser declares his intention to buy the ordered goods, and this declaration shall be legally binding. Upon receipt of the order, the customer receives order confirmation by mail. This order receipt does not constitute acceptance of the offer.
2. A sales agreement only comes into existence if www.kofferfunshop.de acknowledges the binding order of the buyer by delivery of the goods or if www.kofferfunshop.de confirms acceptance of the offer in text form, i.e. by means of separate transport information / delivery notification sent by e-mail.
3. Prices
1. The price valid on the day the order is placed shall form the price calculation basis, provided that no other price agreement has been reached.
2. All prices are inclusive of VAT.
4. Payment
1. The goods are delivered to the customer exclusively on the basis of advance payment, cash on delivery or direct debit. The cash on delivery amount shall be made up of the price of the goods plus shipment costs. The shipment costs shall be shown separately and the currently valid rates will be unequivocally stated on the order form on the website.
2. In individual cases involving sales to companies, www.kofferfunshop.de may agree to payment by invoice prior to delivery. The invoice shall be payable immediately upon receipt of the goods without deduction. In case of default of payment, www.kofferfunshop.de reserves the right to charge interest at 8 % above the current base lending rate. In case of continued default of payment, www.kofferfunshop.de reserves the right to demand advance payment or cash on delivery for all future deliveries.
5. Delivery
1. The goods shall be delivered to the delivery address specified by the buyer. Information provided on delivery times are non-binding, unless a specific delivery date was expressly agreed in writing. We shall immediately inform the buyer in case of a delivery delay.
6. Return
1. For private customers, the right of withdrawal applies.
2. Business customers may only return goods by agreement within a fortnight. Our flat-rate cost amounts to 15% of the invoice value which is deducted from the credit balance. Returns without return numbers are not accepted.
3. Provided that they are not subject to the right of withdrawal, promotional goods and special offers may generally not be exchanged.
7. Data Protection
1. www.kofferfunshop.de adheres to the rules laid down in the relevant German data protection legislation and also takes the protection of personal data seriously in the interest of the customer. www.kofferfunshop.de only uses personal data for the purpose of handling customer orders. All customer data is stored and processed in compliance with the relevant regulations of the German Federal Data Protection Act (BSDG) and the German Telemedia Act (TMG).
2. www.kofferfunshop.de shall not pass on personal customer data including name, physical address and e-mail address to third parties without the customer's express consent which may be withdrawn at any time. An exception are service provider partners of www.kofferfunshop.de to whom data must be transmitted for the purpose of order processing (for example the mail order company entrusted with the delivery and the credit institution contracted to handle payments). In such cases, however, the extent of data transmitted shall be limited to an absolute minimum.
3. As customer, you are at any time entitled to obtain free information about all stored personal data pertaining to you as well as its sources and recipients. In addition, you have the right to block or delete data, to know about the purpose of data processing and to revoke granted permissions. You may object to the use of your personal data at any time. To do that, please send an e-mail to mail [at] kofferfunshop.de or send your request to www.kofferfunshop.de by post or fax.
8. Place of Performance and Jurisdiction
1. For all contractual relations, the law of the Federal Republic of Germany shall apply. Application of the United Nations Convention on contracts for the International Sale of Goods (CISG) is expressly excluded.
2. For contracts involving traders as defined in the German Commercial Code and public corporations, Bonn shall be the exclusive place of jurisdiction for all disputes arising from this contract either directly or indirectly.
3. If a provision of these Terms and Conditions or a provision of other agreements is or becomes void, this shall not affect the other provisions and stipulations made therein.
4. Only the current German version shall be legally valid.


9. Right of Withdrawal of Private Buyers within Germany
Where the regulations on distant selling agreements are applicable, users have, in relation to the purchased items, the right of withdrawal in accordance with the following right of withdrawal instructions:


1. Information on the Right of Withdrawal
You may revoke your contractual statement in text form (e.g. letter, fax, e-mail) within two weeks without stating your reasons for doing so or - if you were provided with the goods before expiry of this period, by sending back the delivery. This period begins with receipt of these right of withdrawal instructions in text form, but not before the goods have reached the recipient (in case of recurrent delivery of the same type of goods not before receipt of the first partial delivery) and not before we have fulfilled our duty to inform in accordance with § 312c (2) of the German Civil Code in conjunction with § 1 (1, 2 and 4) of the InfoV (Regulation on the Duty to Provide Information) part of the German Civil Code as well as our duties in accordance with § 312e (1) Sentence 1 of the German Civil Code in conjunction with § 3 of the InfoV part of the German Civil Code. To comply with the period for exercising the right of withdrawal, timely dispatch of the withdrawal or the goods shall suffice. You may revoke your contractual statement in text form (e.g. letter, fax, e-mail) within two weeks without stating your reasons for doing so or - if you were provided with the goods before expiry of this period Ð by sending back the delivery. This period begins with receipt of these right of withdrawal instructions in text form, but not before the goods have reached the recipient (in case of recurrent delivery of the same type of goods not before receipt of the first partial delivery) and not before we have fulfilled our duty to inform in accordance with § 312c (2) of the German Civil Code in conjunction with § 1 (1, 2 and 4) of the InfoV (Regulation on the Duty to Provide Information) part of the German Civil Code as well as our duties in accordance with § 312e (1) Sentence 1 of the German Civil Code in conjunction with § 3 of the InfoV part of the German Civil Code. To comply with the period for exercising the right of withdrawal, timely dispatch of the withdrawal or the goods shall suffice.

kofferfunshop.de
Klaus Klüglich
Auguststr. 21
53229 Bonn, Germany
Fax : +49(0)228-4223961
e-mail: mail [at] kofferfunshop.de


2. Withdrawal consequences
In the event the right to withdraw from the contract is exercised successfully, each party shall return the benefits received to the other parties including, where applicable, any indirect benefits (e.g. interest). If the received benefits cannot be returned or only in poorer condition, you shall, where applicable, have to compensate us for the loss in value. In case the goods have been made available to you, this shall not apply, if the deterioration of the goods is attributable exclusively to its inspection Ð of the type you might have been able to carry out in the store, for example. For the rest, you can avoid liability for value compensation for deterioration of the goods through proper use by refraining from using the object as if you owned it and by not doing anything to it that may reduce its value. Items that can be sent as parcels are to be sent back to us at our risk. You shall have to pay the costs of sending the items back if the delivered goods correspond to the ordered goods and if the price of the goods to be sent back does not exceed EURO 40.00 or if, in case of a higher price of the item, you have not yet, at the point in time of the withdrawal, paid for the goods or made a contractually agreed partial payment. Otherwise, you shall not incur any costs for sending back the goods. Objects which cannot be sent as parcels shall be collected from your premises. Obligations to make payments must be met within 30 days. For you, the period shall begin at the point in time you send off your declaration of withdrawal or the item itself whereas for us it begins with receipt of your letter or item.
In accordance with the regulations laid down in § 312 d (4) of the German Civil Code, no right of withdrawal exists, for example, in case of:


• delivery of goods which are manufactured on the basis of customer specifications or which are evidently customised to personal needs and
• delivery of audio or video recordings or software, provided that the seal of the delivered data carriers has been broken by the user.

End of right of withdrawal instructions