Download der AGB hier

1. Scope, definitions

1.1 These General Terms and Conditions (“GTC”) apply to contracts concluded via the webshop between the webshop provider KOQOON GmbH & Co. KG, Dieselstraße 4, 73278 Schlierbach, registered in the commercial register of the Local Court of Ulm under HRA 728513 (“KOQOON”) and consumers (“Customer”). Only the following GTC in their version valid at the time of the order shall apply. The GTC cover the use of the website www.koqoon.com as well as all subdomains belonging to this domain. Deviating general terms and conditions of the customer shall not be recognised unless KOQOON expressly agrees to their validity in writing.

1.2 A customer within the meaning of these GTC is a consumer. A customer is a consumer insofar as the purpose of the ordered deliveries cannot be predominantly attributed to their commercial or independent professional activity.

1.3 The version of the GTC valid at the time of contract conclusion shall prevail.

2. Vertragsschluss

2.1. The offers by KOQOON in the webshop represent a non-binding invitation to the customer to order goods at www.koqoon.com.

2.2 The customer may select products from the KOQOON webshop assortment, in particular gas grills and accessories, and collect them in a shopping cart. By clicking the button “Order with obligation to pay”, the customer submits a binding offer to purchase the goods in the cart. Before submitting the order, the customer may view and change the data at any time. The customer has the option to access these GTC via a link. By clicking the button “Order with obligation to pay”, the customer confirms acceptance of these GTC.

2.3 KOQOON then sends the customer an order confirmation by email, which again lists the order and includes the GTC and withdrawal instructions (contract confirmation).

3. Technical steps before contract conclusion and correction of input errors

During the ordering process, the customer first places the desired goods in the shopping cart. There the customer can change quantities or remove items at any time. If goods are placed in the cart, the customer proceeds to a page where personal data is entered and the shipping and payment methods are selected. Finally, a summary page appears where the customer can review their details. Input errors can be corrected at this stage. If the customer wishes to cancel the order process entirely, they can close the browser window. Otherwise, by clicking the confirmation button “Order with obligation to pay”, the declaration becomes binding as per section 2.2.

4. Storage of contract text

The contractual terms, including details of the ordered goods, these GTC and the withdrawal instructions, are sent to the customer by email upon acceptance of the contract offer. KOQOON does not store the contract text. The contract language is German.

5. Delivery / product availability

5.1 Delivery is only made within Germany, Austria and Switzerland via parcel service (accessories) or freight carrier (grill). KOQOON will request a telephone number so that the carrier can contact the customer for delivery.

5.2 The delivery period begins, in case of advance payment, on the working day after the payment order is issued, and for other payment methods on the working day after contract conclusion. Delivery times are shown on the product page and before order completion. If the last day of the period falls on a Sunday or public holiday at the delivery location, it is extended to the next working day.

5.3 For freight goods, the carrier will contact the customer within three working days after receipt of payment to arrange a delivery date (excluding Sundays and public holidays). Delivery times are displayed on the product page and before order completion. If the last day falls on a Sunday or public holiday, it is extended accordingly.

5.4 Unless otherwise agreed, freight delivery is “kerbside delivery”, i.e. to the public kerb nearest to the delivery address. Optionally, the customer may choose delivery to the installation site for an additional fee. This option is only available for deliveries to Germany and Austria.

5.5 If products are not available at the time of ordering, KOQOON will inform the customer immediately. If payment has already been made, KOQOON will refund it using the same payment method, unless otherwise agreed. KOQOON will contact the customer if alternative arrangements are required.

6. Retention of title

Goods remain the property of KOQOON until full payment has been received.

7. Set-off / retention rights

The customer is only entitled to set-off or retention rights if their counterclaims are legally established, undisputed or recognised by KOQOON.

8. Prices and shipping costs

8.1 All prices include statutory VAT.

8.2 Any import or customs costs are covered by KOQOON.

8.3 Delivery is made via freight carrier (grill) or parcel service (accessories) to the address provided. KOQOON bears the shipping risk.

8.4 Standard delivery is free of charge. Delivery to the installation site incurs a fee of €250.00.

9. Payment / due date / default

9.1 We accept the following payment methods: credit card, PayPal, Klarna, Google Pay and Apple Pay. KOQOON reserves the right to accept or exclude certain payment methods in individual cases. Further information is available at www.koqoon.com under payment methods.

10. Warranty

10.1 KOQOON guarantees that the goods are free from defects upon delivery. If a defect appears within twelve months, it is presumed to have existed at the time of delivery unless this is incompatible with the nature of the goods. After twelve months, the customer must prove the defect existed at delivery.

10.2 If defective goods are delivered, the customer is entitled to statutory rights such as repair, replacement, withdrawal or price reduction.

10.3 The limitation period for warranty claims is two years from delivery.

10.4 If replacement goods are provided, KOQOON may request return of the defective goods.

10.5 Damage caused by improper handling, installation, connection, operation or storage by the customer is excluded from liability.

11. Liability

11.1 KOQOON is only liable for simple negligence in relation to essential contractual obligations and limited to foreseeable damages.

11.2 This limitation does not apply in cases of intent, gross negligence, injury to life, body or health, or fraudulent concealment of defects or guarantees, or under product liability law.

11.3 KOQOON does not guarantee uninterrupted availability of the webshop.

11.4 The same limitations apply to employees and representatives.

12. Withdrawal policy

12.1 Consumers have a statutory right of withdrawal when concluding a distance selling contract, about which KOQOON provides information below in accordance with the statutory model. The exceptions to the right of withdrawal are set out in section 12.2. A model withdrawal form can be found in section 12.3.

Withdrawal Policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, takes possession of the goods.

To exercise your right of withdrawal, you must inform us:

KOQOON GmbH & Co. KG
Dieselstraße 4
73278 Schlierbach
Germany
Phone: +49 7021 736646-0
Email: info@koqoon.com

by means of a clear statement (for example, a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your notification of exercising the right of withdrawal before the withdrawal period has expired.
 
Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract.

For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees as a result of this reimbursement.

We may withhold reimbursement until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.

We will bear the cost of returning the goods.

You are only liable for any diminished value of the goods if this loss in value results from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

12.2. The right of withdrawal does not apply, among other things, to contracts:

• for the supply of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer (custom-made goods), or
• for the supply of goods which, after delivery, are inseparably mixed with other goods due to their nature.

12.3. KOQOON provides information on the model withdrawal form in accordance with statutory requirements as follows:

Model withdrawal form

(If you wish to withdraw from the contract, please complete this form and send it back.)

- To KOQOON GmbH & Co. KG, Dieselstraße 4, 73278 Schlierbach, Germany, Email: info@koqoon.com

- I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only if this form is submitted on paper)

- Date

(*) Delete as appropriate

12.4. We kindly ask you to return goods that can be sent by parcel (accessories) in their original packaging. In the case of returns of goods that cannot be sent by parcel (grill), the customer will be contacted by the collecting freight carrier to arrange a pickup date. The carrier will provide suitable shipping packaging. Collection is carried out “kerbside”, meaning from the public kerb nearest to the delivery address.

13. Dispute resolution

The European Commission provides an online platform for online dispute resolution. This platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

14. Data protection

The current version of our privacy policy is available online here.

15. Final provisions

15.1 Contracts between KOQOON and customers are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions restricting the choice of law and the applicability of mandatory rules, in particular those of the country in which the customer has their habitual residence as a consumer, remain unaffected.

15.2 Should individual provisions of these GTC be wholly or partially invalid or void, the contracting parties agree to replace them with a provision that comes as close as possible to the economic purpose of the invalid provision. The same applies in the event of a contractual gap.