General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; They only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Andreas Koch Vankochdesign
By placing the products in the online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking on the order button. Immediately after submitting your order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language(s) available for concluding the contract: German
We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. Subject of the contract
4.1 Product description
Reference is made to the validity of the respective product description as an essential part of the contract.
4.2 Product images
Without prejudice to your statutory warranty rights, we would like to point out the following special features. If you are unsure, please contact us: Due to individual screen configurations (e.g. resolution and brightness), slight differences between the displayed and actual product colors are possible.
5. Requirements and Handling of Customer Content
5.1 Requirements
If it is necessary for you to send us content (e.g. texts, data, files) to fulfill the order, the technical options available for this and any applicable requirements depend on the respective product description. You are responsible for the content, including the legality and accuracy, of what you submit.
Solely responsible for content. We do not carry out any content or editorial checks before carrying out the order.
5.2 Compliance with Applicable Law
The content and the products created from it must always be in accordance with the applicable legal regulations. In particular, they may not violate any rights or claims of third parties (in particular copyrights, trademarks or other intellectual property rights) and may not contain any content that glorifies violence, discriminatory, racist, xenophobic or other immoral or unconstitutional content or may serve any purpose.
5.3 Exemption
You release us from claims that third parties may assert in connection with a violation of their rights through our contractual use. You will also cover the necessary legal defense costs, including all court and legal fees at the statutory rate. The exemption does not apply if you are not responsible for the infringement. In the event of a claim by a third party, you are obliged to provide us immediately, truthfully and completely with all information required to examine the claims and defend them.
5.4 Reservation of withdrawal
We reserve the right to reject the order or withdraw from the contract if the content you have provided for this purpose violates legal or official prohibitions or common decency or if there is reasonable suspicion in this regard. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or glorifies violence.
6. Delivery conditions
Delivery options
We ship the products to the delivery address specified in the ordering process.
You generally have the option of picking up from Andreas Koch, Zeelandserstraat 11 6566 DE Millingen aan de Rijn, Netherlands during the business hours stated below: Appointment by appointment
We do not deliver to packing stations.
7. Payment
7.1 Prices
The prices stated at the time of ordering apply. These are total prices.
7.2 Payment methods
The following payment methods are generally available to you in our shop.
Advance payment If you choose the advance payment method, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
Cash payment upon collection You pay the invoice amount in cash upon collection.
You have the statutory right of cancellation as described in the cancellation policy.
9. Retention of title
The product remains our property until full payment has been made. The following also applies to entrepreneurs: We reserve ownership of the product 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 all claims arising from this resale to us in advance – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
10. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment.
11. Warranty and Guarantees
11.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability law applies.
The following restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health in the event of intentional or grossly negligent breach of duty as well as fraudulent breach of essential contractual obligations, the fulfillment of which is the proper execution of the contract is made possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) within the framework of a guarantee promise, if agreed, or if the scope of application of the Product Liability Act is open. Restrictions towards entrepreneurs In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions, which were included in the contract, apply as an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness.
The statutory limitation periods for the right of recourse according to ยง 445a BGB remain unaffected. Notice to merchants Merchants are subject to the obligation to investigate and give notice of complaints as set out in Section 377 of the German Commercial Code (HGB). If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
11.2 Warranties and Customer Service
Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
12. Liability
We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health, in the event of intentional or grossly negligent breach of duty, in the event of guarantee promises, if agreed, or insofar as the scope of application applies of the Product Liability Act has been opened. In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage that typically has to be expected is limited. Otherwise, claims for damages are excluded.
13. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
14. Final provisions
If you are an entrepreneur, Swiss law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.