Conditions of Use
General Terms and Conditions of Business
§ 1 General
For the business relationship between Kojaks Power Shop and the customer, only the following terms and conditions of business apply. Kojaks Power Shop does not recognise any differing customer terms and conditions of business, unless it has expressly agreed that they are valid.
As products constructed in house are highly individual products, all colours, forms and sizes indicated and illustrations on the Kojaks Power Shop website and in brochures and other advertising media are only to be taken as examples.
§ 2 Conclusion of Contract
The contract including these General Terms and Conditions of Business between the customer and Kojaks Power Shop comes into being by the customer sending the order he has entered in the online input mask on the website to Kojaks Power Shop by clicking the mouse or by pressing the enter key on "Purchaser“ as a binding offer to conclude a contract and Kojaks Power Shop either accepts this offer by written confirmation, also by email, or by delivery within an appropriate timescale.
Kojaks Power Shop reserves the right to accept the offer, especially in the event that it is to be assumed, on the basis of the customer’s details or on the basis of the customer’s conduct not in compliance with the contract in the processing of another contract of sale, that the customer will not properly fulfil his contractual obligations; or the website contains spelling, printing or calculating errors, which have become the basis of the customer’s offer.
The wording of the contract will be saved by Kojaks Power Shop after conclusion of the contract. The customer can obtain information on the wording of the contract and delivery by telephone on 0049 ( 0 ) 8291 8485744
§ 3 Delivery
Unless otherwise agreed, delivery is to the delivery address indicated by the customer within the Federal Republic of Germany.
The delivery costs incurred are indicated to the customer on the order page before the order is placed. The routing is decided by Kojaks Power Shop. Unforeseen obstacles to delivery beyond the control of Kojaks Power Shop entitle Kojaks Power Shop to extend the lead time accordingly. This also applies if the obstacles to delivery occur at the subcontractors’ of Kojaks Power Shop.
Kojaks Power Shop is entitled to make part deliveries. Any resultant additional costs incurred are not charged to the customer.
In the event of the consignment not being able to be delivered due to incorrect information from the customer, Kojaks Power Shop reserves the right to debit the purchase price.
§ 4 Terms of Payment, Retention of Title
The purchase price as well as the delivery costs indicated are payable without deduction of cash discount at the time of order.
The customer can choose between the methods of payment in the course of the order process. In the event of the return or non-payment of a debit entry, the customer hereby irrevocably authorises the bank to inform Kojaks Power Shop of his name and current address.
The delivered item remains the property of Kojaks Power Shop until full payment has been received.
Offsetting by the customer is only permitted if his claim is undisputed or established by law.
§ 5 Right of Cancellation
The customer is no longer bound by his statement if he cancels the delivery within a period of 2 weeks from receipt of the delivery. The customer’s cancellation does not have to contain any reasons and can be made in writing and sending by e-mail, mail or fax or by returning the item to Kojaks Power Shop. To meet the deadline it is sufficient to send the cancellation on time to Kojaks Power Shop.
Cancellation is excluded in the event of goods being damaged on installation, i.e. especially in the case of in-house products and spare parts, as well as in the case of products from the motor tuning sector and in the case of chip tuning software after the item has been unsealed.
On receipt of the cancellation, Kojaks Power Shop is obliged to reimburse any payments; the customer is obliged to return the goods received. In the event of an item order value of up to 40 €, the customer pays the costs of returning the item. In the event of a higher order value as well as in the event of returning an item, which has not been ordered or is defective, Kojaks Power Shop reimburses the costs of the return in each case. (Please do not return goods without postage being paid!).
In the event of any deterioration of the returned item through use, the customer has to compensate for any deterioration in value.
§ 6 Warranty and Liability
If, on transfer of risk, there is a defect in the item delivered, the customer can ask for subsequent performance either by the defect being repaired or a replacement being delivered. If the type of subsequent performance chosen by the customer is unreasonable, the seller can choose the other type of subsequent performance. If this is also unreasonable or if the seller is not in a position to provide subsequent performance or if this is delayed for an unacceptable period of time or if the subsequent performance fails in any other way, the customer is, at his discretion, entitled to cancel the contract or ask for a reduction in the purchase price.
Any additional liability on the part of the seller – irrespective of the legal nature of the claim made – is excluded, insofar as it is only based on slight negligence.
This exclusion of liability does not apply in the case of the breach of a guarantee or a major contractual obligation or in the event of infringement of the Product Liability Act or in the event of the absence of a guaranteed quality. In the event of a breach of a major contractual obligation, liability is however limited to typically foreseeable damage.
The exclusion of liability in accordance with Paragraph 2 and the limitation of liability in accordance with Paragraph 3 do not apply in the event of death, personal injury or disease.
§ 7 Data Protection
The customer authorises Kojaks Power Shop to process, save and evaluate data received about the customer in connection with the business relationship under the terms of the Data Protection Acts.
Kojaks Power Shop only saves and uses the customer’s personal data to process orders and any complaints. Kojaks Power Shop only uses the customer’s email address to provide information on orders and contracts as well as, if expressly requested by the customer, for its own newsletters and information.
The customer has a right to information on and to the correction and blocking of his saved data.
§ 8 Miscellaneous
German law applies to the exclusion of the UN Convention on the International Sale of Goods.
For all current or future claims arising from the business relationship with fully qualified merchants including bill-based and cheque claims, the sole place of jurisdiction is the head office of Kojaks Power Shop. The same place of jurisdiction applies if the purchaser does not have a place of general jurisdiction within the country, transfers his place of residence or usual abode out of the country or if his place of residence or usual abode is not known at the time action is taken.