Terms of service

General Terms and Conditions (GTC)

[The following GTC has been translated from German by machine and may be incorrect. In case of dispute, only the German-language original version applies.]

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 enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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 his or her commercial or self-employed professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly consented to them.

2. Contracting party, conclusion of contract, correction options

The purchase contract is concluded with kotagrills.de - owner: see imprint.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German

We store the text of the contract and send you the order data and our GTC in text form. You can view the contract text in our customer login.

4. Terms of delivery

Delivery costs are added to the stated product prices. You can find out more about the shipping costs in the offers.

We only deliver within Germany.

We only deliver by mail order. Unfortunately, self-collection of the goods is not possible.

We do not deliver to packing stations.

5. Payment

In our shop, the following payment methods are generally available to you:

Credit card
When placing your order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

Sofort by klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

Giropay
After placing the order, you will be redirected to the website of your bank. In order to be able to pay the invoice amount via Giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.

Apple Pay
In order to be able to pay the invoice amount via Apple Pay, you must use the "Safari" browser, be registered with the service provider Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.

Google Pay
In order to pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.

6. Right of withdrawal

Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted any voluntary right of withdrawal.

7. Retention of title

The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorised to collect the claims, but we may also collect claims ourselves insofar as you fail to meet your payment obligations.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences 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.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
In the case of the purchase of used goods by consumers, the following applies: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse in accordance with § 445a of the German Civil Code (BGB) shall remain unaffected.
For entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for the manufacturer's public statements or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty as well as fraud
- in the event of breach of material contractual obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Information on any additional warranties that may apply and their precise conditions can be found in each case with the product and on special information pages in the online shop.

10. Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty
- in the event of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
In all other respects, claims for damages are excluded.

11. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Final Provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Widerrufsbelehrung created with the Trusted Shops Legal text in cooperation with FÖHLISCH Rechtsanwälte.