General Terms & Conditions
§ 1 LEGAL STATEMENT1. For any business relationship between Korua International GmbH (in the following “KORUA”) and the customer starting from 27.10.2015 exclusively the following General Terms and Conditions will apply, regardless of the means of communication used.
2. The customer recognizes the exclusive validity of KORUA’s General Terms and Conditions for the entire business relationship. KORUA will not recognize any different conditions of the customer unless the management of KORUA has expressly agreed in writing to their validity. If the customer enters into a business relationship with KORUA by using the website, he/she recognises the General Terms and Conditions as the basis for the entire business relationship between the customer and KORUA .
§ 2 CANCELLATION RIGHTS
1. Claims from KORUA on the website or in other media do not state any final offers, they state however an invitation to a possible offer for customers. An order by a customer becomes a valid offer when a purchase is completed. When an order is placed by a customer they receive a confirmation per email. This confirmation does not incur that the offer has been accepted by KORUA . The purchase is only classed as final when the delivery confirmation of the ordered products is sent by KORUA .
2. If KORUA cannot fulfill the order made by a customer or should certain products in an order not be available then the customer will be informed.
3. KORUA reserves the right to withdraw from the sales contract in cases of print or wording mistakes on the website.
4. The customer has a cancellation right without reason with a withdrawal period of 14 days whereby Saturdays do not classify as work days. The period starts from the day of receipt of the products by the customer. It is sufficient when the withdrawal explanation is send during this period. The customer has no right to cancel for used products, demo- or prototype products and custom made products such as a “pair of ski mounted with bindings”.
5. Should the customer withdraw from the contract, KORUA will return monies paid by the customer within 14 days. If the customer should wish they can also use the paid sum as a credit on other products instead.
6. The resulting return costs of sending a product back have to be paid by the customer. If the customer wishes to make an exchange then the delivery costs for sending out the new product will be covered by KORUA . Should KORUA send the customer an incorrect or faulty product then KORUA will pay the return delivery costs back to the customer within 14 days of receipt of the return.
7. All offers are valid as long as stocks last. Should a supplier despite contractual agreement with KORUA not be able to deliver the ordered products then KORUA has the right to cancel a contract with a customer. In this case the customer will be informed in good time that the ordered product cannot be delivered. Any already paid monies will be returned within 14 days of cancellation to the customer or used for other products if this is the wish of the customer.
§ 3 DELIVERY
1. Should nothing different be requested by the customer then the delivery address entered by the customer will be used.
2. The delivery periods stated in the order and delivery confirmations or on the website pages apply. KORUA has a duty to ensure that the order is delivered within 30 days of the order.
3. If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was within the stated delivery period or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.
4. The delivery is sent from the KORUA stock, the same location where the delivery starts with the delivery company. When the order is in the hands of the delivery company, at the latest when it leaves KORUA stock, the risk is in the hands of the customer. The risk is also in the hands of the customer if there is a delay in the delivery due to reasons caused by not being present upon delivery.
5. Delivery and performance mistakes due to acts of higher force are not the responsibility of KORUA. The results of outside influences give KORUA the right to delay a delivery or to cancel non completed parts of orders. Acts of higher force include strike, blockades, import and export restrictions and other national interventions regardless whether they affect directly KORUA or distributors to KORUA .
6. In the case of effects of acts of higher force which will cause a delay of a delivery, we will of course inform the customer without delay.
§ 4 PAYMENT AND LATE PAYMENTS
1. All product prices at KORUA include the legal VAT and are stated in Euros. The prices are valid until otherwise revoked.
2. Customers from not EU countries can order at KORUA minus VAT. The removal of the country specific taxes is in charge of the customer and is not under the responsibility of KORUA . If additional taxes or duties occur, they have to be paid the customer.
3. The retail price is payable upon placement of an order.
4. The customer can pay the purchase price by credit card, prepayment, Pay Pal and Pay Pal express. In the case of payment by Pay Pal Express, KORUA will store the e-mail address and delivery address supplied to Pay Pal in order to process the order. The customer has the possibility at all times of requesting the KORUA log-in data in order to follow up his/her order.
§ 5 INVOKE A WITHHOLDING RIGHT AFTER NOTIFICATION OF DEFECTS
A right to withhold may be invoked by the customer only when his complaints have been recognized legally or by KORUA.
§ 6 PROPRIETARY RIGHTS
All of our deliveries and performances occur under proprietary right. Until the delivered/ordered products have been paid for in full by the customer they remain the property of KORUA.
§ 7 WARRANTY
1. The warrtanty period is 1 year and begins at the time the customer receives the product.
2. Claims against KORUA which may go beyond guarantee claims based on a manufacturer’s guarantee are excluded in as far as this is legally permissible. Claims arising from a manufacturer’s guarantee can only be claimed by the customer against the manufacturer, who has provided the guarantee.
3. The guarantee is not valid against normal wear and tear caused by use of a product.
4. Should a defect in a purchased item be the responsibility of KORUA, then KORUA is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If KORUA is unwilling or not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected for reasons that fall within the responsibility of KORUA or if the repair/replacement delivery is unsuccessful, then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price.
5. If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then KORUA will bill the customer for any expenses incurred.
6. Compensation for consequential damage (due to defects), as well as for any other damage to materials or financial loss and claims for damages by third parties against customers, are excluded, in as far as it is not a case of consumer business.
§ 8 DISCLAIMER
KORUA uses reasonable endeavors to make the KORUA site easy to use and free of problems. KORUA makes no (and expressly disclaims all) warranties or representations of any kind, express or implied by operation of law or otherwise including but not limited to warranties of satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy, completeness and/or currency, with respect to this site or its contents including but not limited to all information accessible via this site, products and materials, text graphics, hyperlinks and with respect to sites accessed from the KORUA website.
§ 9 PARTNER LINKS
KORUA has chosen partners to have links from its site. However these sites are not within our control and we cannot be held responsible in any way for the content or services on these sites nor can we vouch for the privacy practices operated on those sites.
§ 10 DATA PROTECTION
1. The customer is aware of the type, extent, location and purpose for the collection, processing and utilisation of personal data obtained from the completion of an order or the registration of an email newsletter.
2. The customer gives his/her consent for this collection, processing and utilisation of personal data.
§ 11 APPLICABLE LAW AND JURISDICTION
1. This web site was created and is served in Germany, german law therefore governs it and should any legal discrepancy occur, it will be dealt with in a german court of law.
2. The place of fulfilment for both parts, and place of jurisdiction for all claims of the contractual partner from this contract, including actions on cheques or dishonoured bills, shall be Brannenburg. At our choice, the customer may also be sued at his general place of jurisdiction. German law shall apply exclusively. UN purchase law is expressly excluded herewith.
§ 12 SALVATORY CLAUSE
Should certain terms of the current contract be ineffective or impracticable or after contract closure be ineffective or impracticable, then the validity of the remaining provisions of the contract still remains unchanged. Practical and effective provisions, the effects of which will come closest to fulfilling the commercial goals pursued by the contracting parties through the ineffective and/or impracticable provisions, will replace the ineffective or impracticable provisions. The provisions above also apply in the case that the contract is incomplete.