Terms and conditions
§1 Scope and Provider
- These General Terms and Conditions (GTC) apply to all business relationships between customers and us, Fidu Brands GmbH, hereinafter referred to as "Seller."
Fidu Brands GmbH
Otto-Hesse-Straße 19/T9
64293 Darmstadt
Germany
Registration number: HRB 95515
Registration court: Amtsgericht Darmstadt
Managing Directors: Christian Hinz, Erdem Keles
Email: info@koaa.world
- A consumer is an individual who places an order for purposes that are predominantly neither commercial nor self-employed professional activities (§ 13 BGB), hereinafter referred to as "Customer."
- You can access, print, and save the currently valid GTC at https://koaa.world/pages/agb.
§2 Conclusion of Contract
- The presentation of goods in the online shop does not constitute a legally binding offer to conclude a purchase contract. Rather, it is a non-binding invitation for the customer to order goods from the seller's online shop.
- By clicking the "BESTELLUNG ABSCHICKEN" or "PLACE ORDER" or "SUBMIT ORDER" or "BESTELLUNG ÜBERPRÜFEN" button, the customer submits a binding purchase offer (§ 145 BGB).
- After receipt of the purchase offer, the customer will receive an automatically generated email confirming that their order has been received by the seller. This confirmation of receipt does not yet constitute acceptance of the purchase offer, and no contract is yet concluded.
- A purchase contract for the goods is only concluded when the seller explicitly declares acceptance of the purchase offer (order confirmation) or dispatches the goods to the customer without prior explicit declaration of acceptance.
§3 Prices and Payment Terms
- The prices stated in the online shop include statutory VAT and are given in Euros ("€" or "EUR"). Prices do not include shipping costs.
- The customer has the following payment options: credit card or PayPal or purchase on account for registered B2B customers. The customer may be redirected to the payment provider's website (PayPal or credit card institution) during the ordering process.
§4 Delivery and Retention of Title
- Unless otherwise agreed, the goods will be delivered from the seller's warehouse to the delivery address provided by the customer.
- The goods remain the property of the seller until full payment of the purchase price.
§5 Right of Withdrawal
- The customer can withdraw their contract declaration within 14 days without giving reasons online via the link koaa Returns . The withdrawal period begins from the day on which the customer or a third party designated by them, who is not the carrier, has taken possession of the goods. The customer must return the goods immediately and in any case no later than 14 days from the day on which they notified the seller of the withdrawal from the contract. The customer bears the return flat rate of €2.00 for the return of the goods.
- In the event of an effective withdrawal, the seller must refund the cost of the goods (shipping costs will not be refunded) no later than 14 days from the day on which the notification of the withdrawal of this contract was received by the seller. The seller may refuse to refund until they have received the goods back.
- For the refund, the same payment method that the customer used for the original transaction is generally used. Only when the payment method used in the original transaction is known to the seller does the refund period begin.
- The customer must compensate for any loss in value of the goods if this loss in value is due to handling the goods in a way that is not necessary to check their nature, characteristics, and functioning.
§6 Warranty
- The statutory warranty rights apply to all deliveries.
- Should the customer receive obviously damaged, defective, or incorrectly delivered goods, they are requested to report this to the seller immediately, but no later than 14 days after delivery of the goods.
- In the event of material defects, the customer has the choice of redelivery or rectification of the product (subsequent performance). The customer must grant the seller a reasonable period for this. Subsequent performance is considered to have failed, in particular, if the seller has attempted rectification unsuccessfully twice.
- If subsequent performance fails, if the reasonable period for subsequent performance is exceeded, or if subsequent performance is refused in accordance with legal provisions, the customer has the right to withdraw from the purchase contract or reduce the purchase price.
- If the seller delivers a new product to the customer by way of subsequent performance, the customer must return the defective product to the seller at the seller's expense within 14 days.
- The seller is not liable for defects that have arisen as a result of improper handling, normal wear and tear, or external influences. In the event of repairs to the goods carried out by the customer themselves or by third parties without the seller's written consent, the customer's warranty claim expires.
- The seller does not assume any warranties beyond those mentioned in this clause. In particular, the seller provides no guarantees.
§7 Limitation of Liability
- Liability for damages caused by simple negligence is excluded, unless these result from the breach of essential contractual obligations, relate to a guarantee for the quality of the purchased item, involve damages from injury to life, body or health, or claims under the Product Liability Act (ProdHaftG). Essential contractual obligations are those whose fulfillment is necessary for the proper execution and processing of the contract and on whose observance a buyer can normally rely.
- The same rules apply to breaches of duty by our vicarious agents.
- Liability for the breach of essential contractual obligations in cases of simple negligence is limited to damages that are typical for the contract and foreseeable.
§8 Copyright
- All displayed texts, photos, logos, images, graphics, and computer applications are the intellectual property of the seller or the corresponding companies.
- It is forbidden to commercially reproduce, distribute, otherwise make publicly available, or edit the aforementioned elements, in whole or in part, without the consent of the rights holders, unless the respective rights holder has previously agreed to this in writing.
§9 Customer Account
- The customer is responsible for maintaining the confidentiality of their account and password information and agrees to accept responsibility for all activities that occur under their account and password.
- The seller reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders.
§10 Severability Clause
- Should one or more provisions of these terms and conditions be invalid or unenforceable, or become so later, the remaining provisions shall remain unaffected.
- This only does not apply if the removal of individual clauses would disadvantage a contracting party to such an unreasonable extent that adherence to the contract can no longer be expected of them.