General terms and conditions and customer information
I. Terms of Service
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Koss Design) via the kossdesign.com website. Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can mainly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
(3) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. All product designs, product descriptions, product names, photographic imagery, content, copy and/or any other intellectual property depicted, shown or otherwise contained on our website is the sole intellectual property of Koss Design
§ 2 Formation of Contract
(1) The subject of the contract is the sale of goods.
(2) Already with the setting of the respective product on our website, we make you a binding offer to conclude a contract for the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or entry of your data there. Finally, you will be redirected back to our online shop on the order overview page.
Before sending the order, you have the option to check all the information here again, to change it (also using the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "Buy" button, you declare legally binding acceptance of the offer, which results in the contract being concluded.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated via email. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after conclusion of the contract. Our possible specifications for file formats must be observed.
(2) You undertake not to transmit any data, the content of which violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all third party claims asserted in this context. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness and assume no liability for errors. § 4 right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Warranty
(1) There are statutory liability for defects.
(2) As a consumer, you are asked to immediately check the item for completeness, obvious defects and transport damage upon delivery and to inform us and the freight forwarder of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) Irish law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer is not withdrawn (principle of favorability).
(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer, but a merchant, a legal person under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Ireland or the EU or if your place of residence or habitual residence is not known at the time the lawsuit is filed. The authority to also call the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods explicitly do not apply.
II. Customer information
1. Identity of the seller
Koss Design, Ground Floor, 8-9 Marino Mart, Fairview D03 P590 Clontarf, Dublin, Ireland
Phone: available upon request
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction take place in accordance with the regulations "conclusion of the contract" of our general terms and conditions (part I.).
3. Contract language, treaty text storage
3.1. Contract language is English.
3.2. We do not save the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the good or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment modalities
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you, unless free delivery is promised.
5.3. You have to bear the costs of the money transfer (bank transfer or exchange rate fees) in cases in which the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery terms
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or someone else to carry out the shipment.
7. Statutory liability for defects
Liability for defects is based on the "Warranty" regulation in our General Terms and Conditions (Part I).
These general terms and conditions and customer information were drawn up by the lawyers of the dealer association who specialize in IT law and are constantly checked for legal conformity. The dealer association Management AG guarantees the legal security of the texts and is liable in the case of warnings.