Table of Contents

1. Scope of Application

2. Conclusion of Contract

3. Right of Cancellation

4. Prices and Payment Terms

5. Delivery and Shipping Conditions

6. Retention of Title

7. Liability for Defects (Warranty)

8. Liability

9. Applicable Law

10. Alternative Dispute Resolution

 

1) Scope of Application

• 1.1 These Terms and Conditions apply to all contracts for the delivery of goods concluded between the seller, Martin Kost (trading as "KOST KAMM"), and a customer (consumer or entrepreneur) via the seller's online shop. The inclusion of the customer's own conditions is rejected unless otherwise agreed.

• 1.2 A consumer is defined as any natural person who enters into a transaction for purposes that are predominantly outside their trade, business, or profession.

• 1.3 An entrepreneur refers to a natural or legal person, or a partnership with legal capacity, acting in the exercise of their commercial or independent professional activity when concluding a contract.

2) Conclusion of Contract

• 2.1 Product descriptions in the online shop serve as an invitation to the customer to make a binding offer and do not constitute binding offers by the seller.

• 2.2 Customers can submit an offer using the integrated online order form (by placing items in the cart and completing the checkout process) or via email, contact form, mail, or phone.

• 2.3 The seller may accept the offer within five days by:

  • Sending a written or text-form order confirmation (email/fax),

  • Delivering the ordered goods to the customer, or

  • Requesting payment from the customer after the order is submitted.

  The contract is concluded at the moment the first of these alternatives occurs. If the seller does not accept within five days, the offer is deemed rejected.

• 2.4 When selecting a payment method offered by PayPal, payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A. The contract is concluded as soon as the customer clicks the button that completes the order process.

• 2.5 The contract text is stored by the seller after contract conclusion and provided to the customer in text form (email, fax, or letter). Customers with a registered user account can also access their order history online.

• 2.6 Before submitting a binding order, customers can correct input errors using standard keyboard and mouse functions or browser zoom functions.

• 2.7 Languages available for the conclusion of the contract are displayed in the online shop.

• 2.8 Order processing and communication generally take place automatically via email. The customer must ensure that the provided email address is correct and capable of receiving messages.

3) Right of Cancellation

• 3.1 Consumers generally have a statutory right of cancellation.

• 3.2 Details are set out in the seller's separate Cancellation Policy.

• 3.3 The right of cancellation does not apply to consumers whose sole residence and delivery address are outside the European Union at the time of contract conclusion and who do not belong to an EU member state.

4) Prices and Payment Terms

• 4.1 All prices stated are total prices, including statutory value-added tax (VAT). Additional delivery and shipping costs, if applicable, are stated separately in the respective product description.

• 4.2 For deliveries to countries outside the EU, additional costs (such as bank transfer fees, exchange rate fees, customs duties, or import taxes) may apply, which are the customer's responsibility.

• 4.3 Available payment options are specified in the online shop.

• 4.4 If payment is made via Shopify Payments (Shopify International Limited), processing follows Shopify’s payment terms and may involve third-party payment providers.

5) Delivery and Shipping Conditions

• 5.1 Goods are delivered to the delivery address specified by the customer during the ordering process, within the seller's specified delivery area.

• 5.2 If delivery fails for reasons within the customer's control, the customer must bear the reasonable costs incurred by the seller (excluding outbound shipping costs if a right of cancellation is validly exercised).

• 5.3 Transfer of Risk:

  • To Entrepreneurs: Risk of accidental loss or damage transfers upon handover of the goods to the carrier/freight forwarder.

  • To Consumers: Risk transfers upon handover of the goods to the consumer or an authorized recipient. (Exception: Risk transfers upon handover to the carrier if the consumer selected a carrier not named by the seller).

• 5.4 Self-Delivery Reserved: The seller reserves the right to withdraw from the contract if self-delivery by suppliers fails through no fault of the seller, despite having concluded a congruent hedging transaction. In case of non-availability, the customer will be informed immediately and payments will be refunded.

• 5.5 Self-Collection: If offered, customers may collect goods during business hours without incurrence of shipping fees.

6) Retention of Title

• 6.1 Consumers: The seller retains ownership of delivered goods until the purchase price is paid in full.

• 6.2 Entrepreneurs: Ownership remains with the seller until all claims arising from an ongoing business relationship are fully settled.

• 6.3 Additional Provisions for Entrepreneurs:

  • Processing or transformation of reserved goods makes the seller the manufacturer with co-ownership rights proportional to the invoice value.

  • Reserved goods may not be pledged or assigned as security. Resale in the ordinary course of business is permitted, provided the resulting claims against third parties are assigned to the seller in advance up to the invoice value.

  • Upon request, the seller will release securities to the extent their value exceeds the secured claims by more than 10%.

7) Liability for Defects (Warranty)

Statutory liability for defects applies unless modified below:

• 7.1 For Entrepreneurs:

  • The seller chooses the type of supplementary performance (repair or replacement).

  • The limitation period for defect claims on new goods is one year from delivery.

  • Warranty claims for used goods are excluded.

  • The limitation period does not restart in the event of a replacement delivery.

• 7.2 Exceptions: Reductions in limitation periods or exclusions do not apply to damage claims resulting from intent, gross negligence, injury to life, body, or health, fraudulently concealed defects, or statutory updates for digital products.

• 7.3 Statutory recourse claims for commercial buyers remain unaffected.

• 7.4 Merchants (under the German Commercial Code / HGB): Must comply with the duty to inspect and give notice of defects pursuant to Section 377 HGB; failure to do so deems the goods approved.

• 7.5 Consumers: Are requested to report obvious transport damage directly to the carrier and inform the seller (failure to do so does not affect statutory warranty rights).

8) Liability

• 8.1 Unlimited Liability: The seller is fully liable for damage arising from:

  • Intent or gross negligence,

  • Culpable injury to life, body, or health,

  • Express guarantee commitments,

  • Mandatory statutory liability (e.g., German Product Liability Act).

• 8.2 Essential Contractual Obligations: For negligent breach of essential contractual obligations (cardinal duties), liability is limited to foreseeable, contract-typical damage. All other liability for slight negligence is excluded.

• 8.3 Representatives: Liability restrictions apply equally to the seller's legal representatives and vicarious agents.

9) Applicable Law

• 9.1 The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, mandatory consumer protection laws of their country of habitual residence remain unaffected.

• 9.2 The choice of law does not apply regarding the right of cancellation for non-EU consumers residing outside the EU.

10) Alternative Dispute Resolution

The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.