General Terms and Conditions of KÖHL GmbH for ONGO Products

§ 1 General
These terms and conditions apply to customers who order products in our online store. Unless otherwise stated, they apply to consumers as well as to entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession (§ 13 BGB). 
An entrepreneur is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity (Section 14 BGB). 
If you are an entrepreneur, the following applies: These terms and conditions apply exclusively to all - including future - deliveries and services. Deviating or additional terms and conditions of yours shall not become part of the contract unless we expressly agree to them. In this case, they shall only apply to the respective individual contract. Individual agreements shall always take precedence

§ 2 Conclusion of contract, contents, termination of contract
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. 2.2 
You can place the selected goods “in the shopping cart”. We will guide you through the order process on the “Shopping cart” page. You can change and correct your entries there by clicking on the corresponding buttons. Before completing the order, we will show you all the data again, in particular the shopping cart, the prices and your personal delivery and invoice data, which you can change and correct if necessary by clicking on the corresponding buttons. 
By clicking on the “Order with obligation to pay” button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract. We can accept your order by confirming the order by e-mail or by delivering the goods within five working days. 
The conclusion of the contract is subject to delivery by our suppliers. This does not apply if we are responsible for the non-delivery, in particular if we have not concluded a congruent hedging transaction. We will inform you of the non-availability of the goods and immediately refund any consideration already paid.

§ 3 Terms of payment
Payment in the ONGO webshop is made exclusively via PayPal. Other payment methods, such as bank transfer or purchase on account, are not offered. Discounts are not permitted. The prices are ex works, plus the VAT applicable on the day of delivery and any transportation costs incurred.

§ 4 Delivery periods and dispatch
The delivery periods are non-binding unless they have been expressly agreed as binding. Partial deliveries are permissible. The risk of accidental loss or accidental deterioration of the goods shall pass to the customer when the goods are handed over to the carrier.

§ 5 Retention of title
The goods shall remain the property of KÖHL until full payment has been made.

§ 6 Warranty and guarantee
KÖHL shall only be liable for defects that are due to material defects or manufacturing defects. Minor deviations in color or structure of materials shall not be considered defects. All KÖHL products are subject to a statutory warranty period of two years in accordance with the directives of the European Union. Within this period, the customer has the right to demand subsequent performance in the form of repair or replacement in the event of defects. If repair or replacement is not possible or unreasonable, the customer has the right to a reduction in price or to withdraw from the contract. There is no warranty claim for damage caused by improper handling or use.

If you are an entrepreneur, the following also applies: 
You must inspect the goods received immediately for defects. Recognizable defects must be reported immediately, at the latest within ten working days of delivery, non-recognizable defects at the latest within five days of discovery, at least in text form. In the case of mutual commercial transactions between merchants, § 377 HGB remains unaffected. 

Deliveries must be accepted by you, even if the goods have minor defects. 
If a claim is made against you by a consumer or by way of recourse by an entrepreneur due to a defect in the goods, you must notify us immediately. Recourse against us is only possible to the extent that you have not concluded an agreement with your customers that goes beyond the statutory liability for defects. 
The limitation period for claims due to a defect in the goods is one year. This does not apply to claims for damages which are directed towards compensation for physical injury or damage to health or which are based on intent or gross negligence on our part or on the part of our vicarious agents. The statutory limitation period for recourse claims and claims arising from any guarantee shall also remain unaffected.

§ 7 Right of withdrawal for consumers in the EU
Cancellation policy: Consumers in the European Union have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the consumer or a third party named by the consumer, who is not the carrier, has taken possession of the goods. To exercise the right to cancel, you must inform us (Köhl GmbH, ongo@koehl.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). Please include your order number, your full name and your address so that we can process your request as quickly as possible.
To meet the withdrawal deadline, it is sufficient for the notification of the exercise of the right of withdrawal to be sent before the withdrawal period expires.
Consequences of withdrawal: If the consumer withdraws from this contract, we shall reimburse all payments we have received from the consumer, including delivery costs (with the exception of additional costs resulting from the fact that the consumer has chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of the withdrawal from this contract. For this repayment, we will use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with the consumer; in no case will the consumer be charged any fees for this repayment.

We may refuse repayment until we have received the goods back or until the consumer has provided proof that he has returned the goods, whichever is the earlier. The consumer must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which he informs us of the revocation of this contract. The deadline is met if the consumer dispatches the goods before the period of fourteen days has expired. The consumer shall bear the direct costs of returning the goods.

§ 8 Liability
KÖHL's liability shall be limited to intentional or grossly negligent breaches of duty.

§ 9 Final provisions
The place of performance and jurisdiction shall be the registered office of KÖHL, insofar as the customer is a merchant. Amendments and supplements to these GTC must be made in writing.

September 13, 2024
ONGO powered by KÖHL
KÖHL GmbH seating furniture, Rödermark