Terms of Service

§ 1 Scope
1.) The following General Terms and Conditions (GTC) shall apply to all current and future business relations between the company Fahnen Kössinger GmbH and our customers in their respective valid version at the time of conclusion of the contract. Deviating, conflicting or supplementary general terms and conditions of the customer shall not be a contractual component, even if acknowledged, unless their validity is expressly agreed in writing by Fahnen Kössinger GmbH.
2.) The customer is a consumer insofar as the purpose of the ordered deliveries and services can not be predominantly attributed to his commercial or independent professional activity (§13 BGB). On the other hand, entrepreneur is any natural or legal person or legal person who is acting on the basis of the contract in the exercise of his commercial or independent professional activity (§14 para. 1 BGB).

§ 2 Conclusion of contract
1.) Our offers are free. Technical alterations as well as changes in form, color and / or weight are reserved within the scope of the reasonable.
2.) The validity of our offers is limited to six weeks, as long as no other details are given in the offer itself.
3.) By ordering a product, the customer declares bindingly to purchase the ordered product. For orders placed via our online shop, you can place a binding purchase offer (§ 145 BGB) by clicking on the "Buy" button. We are entitled to accept the contract offer in the order within two weeks after receipt. The acceptance may be declared either in writing or by delivery of the goods to the customer.
4.) If the consumer orders the goods electronically, we will immediately confirm receipt of the order. The acknowledgment of receipt does not constitute a binding acceptance of the order yet. The confirmation of receipt can be linked with the declaration of acceptance.
5.) The conclusion of the contract is subject to the correct and timely self-delivery by our suppliers. This only applies if the non-delivery is not to be represented by us and at the time of the conclusion of the contract with the consumer already a concrete cover transaction with our supplier existed. The customer will be immediately informed about the non-availability of the service. The consideration will be refunded immediately.
6.) If the consumer orders the goods electronically, the contract text is stored by us and sent to the consumer in writing (eg e-mail, fax or letter) together with the declaration of acceptance.

§ 3 Prices and payment
1.) All prices are final prices and include VAT. In the case of a shipment purchase, shipping costs are added to the final price. We charge weight-dependent shipping costs for each order in the amount of

Standard delivery:
8,33 € incl. VAT up to and including 3 kg
10,12 € incl. VAT up to and including 10 kg
11,90 € incl. VAT up to and including 20 kg
14,28 € incl. VAT up to and including 30 kg

The shipping costs are based on delivery within Germany except islands and special areas.
Shipping abroad depends on the volume of the packaging. These shipping costs will be announced to the customer when placing an order. In addition, for articles with a side length greater than 120 cm, a supplement for bulky goods of 10,53 € incl. VAT is charged.
In the case of cash on delivery, additional charges of € 10.12 including VAT are charged. The customer can pay the purchase price in advance, cash on delivery or invoice. We reserve the right to exclude certain types of payment in individual cases.
2.) Unless otherwise stated, the purchase price is payable within 10 days of receipt of the goods. If a calendar date is or can be specified on the invoice for the payment, the customer shall be in default with his payment obligation without further reminder by the end of the day mentioned, provided that he has not yet complied with it. In case of default of payment, statutory interest on arrears of 5% p.a. above the basic interest rate of consumers and 8% p.a. above the base rate of entrepreneurs is required. The assertion of further default damages remains reserved
3.)In the event of a revocation pursuant to § 4, the consumer shall bear the regular costs of the return if the purchase price of the item to be returned does not exceed an amount of EUR 40 or the consumer does not have the purchase price or an agreed partial payment at a higher purchase price at the time of the revocation provided that the goods supplied do not correspond to the ordered goods.
4.) The customer has a right to set-off, only if his counterclaims have been legally established or recognized by us. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 4 Transfer of risk
1.) If the buyer is the entrepreneur, the risk of the accidental loss and the accidental deterioration of the goods goes to the buyer with the surrender, or with the shipment at the delivery of the goods to the forwarder, the freight forwarder or any other person or institution otherwise appointed to the execution of the usage.
2.)If the buyer is a consumer, the risk of the accidental loss and the accidental deterioration of the goods sold will not be transferred to the buyer until the actual delivery of the goods.
3.) The surrender shall be the same if the buyer is in default of acceptance.
§ 5 Right of revocation of the consumer

Right of withdrawal

Right of revocation
You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate who is not the carrier has or has taken possession of the goods.

In order to exercise your right of revocation, you must inform us (Fahnen Kössinger GmbH, Am Gewerbering 23, 84069 Schierling, E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it. , telephone: 09451 / 9313-0 fax: 09451-9313-330) (e.g. a letter, facsimile or e-mail sent by mail) about your decision to revoke this contract. In order to keep the revocation period, it is enough that you send the notice of the exercise of the right of revocation before expiry of the withdrawal period.

Revocation consequence
If you revoke this agreement, we will refund all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such a refunding, we will use the same means of payment that you have used in the original transaction, unless otherwise expressly agreed with you. In no case will you be charged for these repayment fees. We may refuse the refund until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the deadline of 14 days. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.

The right of revocation does not exist in the case of delivery of goods which are not prefabricated and for whose manufacture an individual selection or destination is decisive by the consumer or which are clearly tailored to the personal needs of the consumer.

End of revocation
§ 6 Title retention
The delivered goods remain our property until full payment of the purchase price. The customer undertakes not to dispose of the goods until the purchase price has been paid in full by either selling, pledging, renting, lending or otherwise.

§ 7 Accountability for defects
1.) Unless expressly agreed otherwise, your warranty claims are based on legal requirements.
2.) If the customer is an entrepreneur, we provide warranty for defects of the goods, initially at our option, by repair or replacement delivery.
If the customer is a consumer, he has the choice first of whether the supplementary performance is to be carried out by means of subsequent improvement or replacement delivery. However, we are entitled to refuse the type of supplementary performance selected if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
3.) We shall always be given a reasonable period for supplementary performance. If the supplementary performance fails, the customer can - without prejudice to any claims for damages - withdraw from the contract or reduce the price.
4.) Claims for defects in quality do not exist in the case of minor deviations from the agreed upon nature, in case of insignificant impairment of usability, in natural wear and tear, or in the case of damage resulting from the risk transfer due to faulty or negligent treatment, excessive use, unsuitable care products or special external influences which are presumed under the contract.
5.) In the case of goods of the same type, irrelevant, i.e. minor quantity deviations will not lead to the rescission and / or compensation of the consumer. In matters of contractors, customary excess or short deliveries of up to 10% are permitted for printed, embroidered or embossed goods. Inferior deliveries are calculated at the price for the actual delivered quantity.
7.) For entrepreneurs the period of accountability for defects is one year from the delivery of the goods.
8.) The customer is not given any guarantees in the sense of the law by us. Any manufacturing guarantees shall remain unaffected.

§ 8Limitation of Liability
In the case of legally prescribed non-liability regardless of fault (e.g. according to Product Liability Act), we are liable without limitation, as well as for personal injury (injury to life, body, health). We are also liable without limitation for intent and gross negligence. In the case of slight negligence, we shall be liable only for the violation of cardinal obligations. Cardinal obligations are to be understood as those obligations which are to be given to the customer according to the meaning and purpose of the specific contract, or whose fulfillment makes the proper execution of the contract possible at all and on which the customer may regularly rely. In such cases, however, we shall not be liable for indirect or unpredictable damages, for consequential damages, for loss of profit, or for missed savings. In all other respects, the liability for slight negligence is excluded.This liability limitation also applies to our legal representatives, employees, employees and vicarious agents. The following applies only to entrepreneurs: In the case of violation of cardinal obligations and only slightly negligent behavior, our liability is limited to the amount of the net reimbursement amount of the delivery or service which results in damages.

§ 9 Copyright and property rights
Drafts, drawings or samples made on the basis of an offer may neither be exploited nor used by the offer recipient without our written consent nor passed on to third parties either for a fee or free of charge. In the case of an infringement, we shall be entitled to charge flat-rate damages of 10% of the total price, unless the offerer proves that no or less damage has occurred. The assertion of further damage shall remain unaffected. Insofar as the offer recipient distributes drafts, drawings or samples to third parties for a fee, he hereby assigns his claim for payment to us. Moreover, drafts, drawings or samples, even in the case of a contract conclusion, remain our property and may only be used with us within the framework of the

§ 10 Final provisions
1.) The law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). 2.) If the customer is a merchant, a legal person of public law or a public special fund, our exclusive place of jurisdiction is our place of business for all claims resulting from or on the basis of this contract. The same applies to persons who do not have a general court of jurisdiction in Germany or persons who have moved their place of residence or habitual residence outside Germany after the conclusion of the contract or whose domicile or habitual place of abode is not known at the time the action is brought.
3.) The contract shall remain valid in the remaining parts of the contract, even if individual provisions are legally invalid.

Status: 01.05.2016