Terms and Conditions - German

General sales and delivery conditions for retailers

These do not apply to end consumers! As an end user, please purchase here: www.koziol-shop.de

The following sales and delivery conditions apply to all contracts for deliveries and services provided by us, unless special agreements are made in each individual case. The legal regulations also apply.

Differing general terms and conditions of the buyer only apply if we expressly confirm their validity in individual cases.


Our offers are always subject to change. Orders, contracts and other agreements only become binding for us with our written confirmation. Contractual conditions in our order confirmations, which the buyer does not expressly object to in writing, are deemed to be accepted.

We reserve the right to make the acceptance and execution of orders dependent on the buyer paying the purchase price in advance, or to charge the purchase price cash on delivery. A corresponding payment condition will be included in our order confirmation and will be legally binding upon receipt by the purchaser, subject to the purchaser's right to withdraw from the order within one week of receipt due to this payment condition.

If, after sending the order confirmation, we become aware that the buyer's financial situation means that the contractual fulfillment of his payment obligations towards us is no longer guaranteed or is no longer guaranteed, we are also entitled to make delivery dependent on the advance payment of the purchase price or the purchase price to collect cash on delivery and – if payment is not made – to withdraw from the contract.

2. Delivery dates, scope of delivery and delivery delays

If the ordered or sold goods cannot be dispatched or delivered on the agreed date due to circumstances for which we are not responsible, the delivery period will be extended accordingly. This also applies if the circumstances occur with our sub-suppliers or material suppliers. We will inform the buyer immediately about the occurrence of the delay and its end.

Partial deliveries are permitted to a reasonable extent.

An excess or short delivery of up to 10% is permitted, whereby the actual quantity delivered will be invoiced. A short delivery in the above sense does not give the buyer any claims due to non-fulfillment, delay or from other legal aspects.

Exceeding agreed delivery periods and dates does not release the buyer from setting us a reasonable grace period to provide the service with the declaration that he will reject delivery after this grace period has expired if he wants to withdraw from the contract or demand compensation for non-performance.

We will not be in default, and the agreed delivery times will be extended accordingly if and as long as the buyer is in default with the consideration, cooperation obligations and/or deliveries owed to him.

3. Transfer of risk

If the goods sold are collected from us, the risk passes to us upon handover. If we ship the goods at the buyer's request, the risk is transferred to the buyer when they are handed over to a forwarding agent or freight carrier, but at the latest when they leave our warehouse. The goods will be insured at the buyer's request and expense.

The method of dispatch, in particular the choice of dispatch route and means of dispatch, is at our discretion unless otherwise expressly agreed.

If the goods are not accepted by the buyer on the delivery date and/or shipping is delayed at his instigation or for other reasons within the buyer's control, the goods will be stored with us at the buyer's risk and expense. In this case, our notification of readiness for dispatch is equivalent to dispatch of the goods.


Unless otherwise contractually agreed, we will charge for the packaging separately, including both the packaging of the individual purchased item and the collective packaging.


Our prices are exclusive of the applicable VAT.


Unless otherwise agreed, our invoices are payable net within 14 days of the invoice date with a 2% discount or within 30 days of receipt of the invoice; other deductions are excluded.

We will accept bills of exchange as payment if specifically agreed. Bills of exchange that cannot be discounted are not considered in this case either.

Bills of exchange and checks are always accepted subject to final credit. The buyer bears all costs and expenses of discounting bills of exchange as well as the costs of collecting a bill of exchange and check claim.

Our travelers and other representatives are only authorized to accept any form of payment or alternative means of payment to the extent that they have been granted collection authority in writing; the buyer must have the debt collection authority presented to them.

If the buyer defaults on payment, we are entitled to payment of default interest in the amount of the interest to be paid by us for current account credit, but in any case at the statutory rate. We reserve the right to assert further damages.

Offsetting against the buyer's counterclaims and asserting a right of retention due to such counterclaims is excluded unless the counterclaims have been legally established or expressly recognized by us.

7. Retention of title

The delivered goods remain our property until the purchase price and all other invoice amounts arising from the business relationship that are still outstanding at the time of delivery have been paid in full, or if bills of exchange, checks or similar means of payment are accepted until they are finally credited. The same applies to any subsequent payment claims arising from other deliveries and services that are related to the previous delivery, provided that payment for the previous delivery has not yet been made or has not been made in full at the time of these deliveries or services. This also applies if individual or all claims to which we are entitled have been included in a current invoice and the balance has been drawn and recognized.

The buyer is entitled to resell the goods in the ordinary course of business. However, he hereby assigns to us all claims that arise from the resale against his buyer or against third parties, regardless of whether the goods delivered by us are resold without or after treatment or processing. The buyer is authorized to collect this claim even after the assignment. Our authority to collect the claims ourselves,

remains unaffected by this; However, we undertake not to collect the claims as long as the buyer properly fulfills his payment obligations to us.

We have the right to demand that the buyer inform us of the assigned claims and their debtors, provide all information required for collection, hand over the associated documents and inform the debtors of the assignment. If the goods are resold together with others that are not our property, the buyer's claim against his customer in the amount of the delivery price agreed between us and the buyer is deemed to be assigned. We undertake to release the securities to which we are entitled to the extent that their value exceeds the claims to be secured, if these have not yet been paid, by 20% or more.

If the buyer behaves in breach of contract, in particular in the event of late payment, we are entitled to demand the return of the delivered goods without withdrawing from the contract, unless mandatory legal regulations conflict with this. Taking back the goods only constitutes a withdrawal from the contract if we declare this in writing.

The buyer undertakes to notify us immediately in the event of seizures or other interventions by third parties and to point out our property to the persons and enforcement officers carrying out the seizure or other interventions.

8. Warranty and notice of defects

We are liable for defects in the goods delivered as follows, to the exclusion of any further claims:

The buyer must inspect the goods immediately upon receipt for quality, defects and quantity. If there is a defect in terms of quality including guaranteed properties and/or a deviation in quantity, the buyer must notify us immediately. Obvious defects must be reported in writing within one week. Defects that are not apparent upon receipt must be reported in writing immediately after discovery, at the latest within the statutory warranty period, unless there is a case under Section 444 of the German Civil Code (BGB) or Section 377 (5) of the German Commercial Code (HGB).

Subject to the above reservation, we provide a guarantee for defective delivery items or if guaranteed properties are missing, to the exclusion of further warranty claims by the buyer, by means of supplementary performance in such a way that we - at our discretion - eliminate the defect or deliver a defect-free item. The buyer must give us the time and opportunity necessary at our reasonable discretion to remedy the defect and make the goods in question available to us; otherwise the warranty claim will be void.

Insignificant, reasonable deviations in quality, features and/or color do not give rise to complaints about defects, unless expressly agreed otherwise. Otherwise, the provisions of Section 439 Paragraph 3 of the German Civil Code (BGB) apply accordingly to the refusal of supplementary performance.

The warranty period (limitation period) is two years and begins with the delivery of the goods. We are liable for replacement deliveries and repairs to the same extent as for the original delivery item; the warranty period (limitation period) for replacement deliveries is 1 year, for repairs it is 6 months; However, the warranty period runs at least until the expiry of the warranty period for the original delivery items.

If the repair or replacement delivery fails despite setting a reasonable grace period, the buyer reserves the right to demand cancellation of the contract with regard to the defective delivery items.

9.Custom orders and designs

Designs that we produce for the development of a new item for the buyer or in connection with the production of special series for the buyer (modifications of catalog items, special decors, etc.) remain our property, even if they were made by us at the buyer's request . If they were left to the buyer, they must be returned to us immediately as soon as the final design of the items in question has been determined. If, for any reason, the order is not placed and/or executed, the drafts must be returned to us at the latest within 2 weeks of rejection of execution by us or the buyer.

We reserve all rights to our designs, in particular copyright and exploitation rights.

10. Limitation of Liability

Claims for damages against us and/or our vicarious agents or vicarious agents due to impossibility of performance, default, positive breach of contract, negligence in concluding the contract and unlawful acts as well as other legal reasons are excluded, unless they are based on intent or gross negligence Act.

We are only liable for direct damage. Liability for further claims, in particular indirect damages, consequential damages and lost profits, is excluded to the extent permitted by law. In the event of grossly negligent action on our part, the buyer's claims, if any, become statute-barred 1 year after the transfer of risk to him.

11. Place of performance, place of jurisdiction

The place of performance for our services and those of the buyer, in particular for payments by the buyer including checks and bills of exchange, is Erbach.

The place of jurisdiction for all situations arising between the parties is, at our discretion, Michelstadt or Frankfurt am Main, provided the buyer is a registered merchant, a legal entity under public law or a special fund under public law.

12. Applicable law, effectiveness clause, use of data

The law of the Federal Republic of Germany applies exclusively to the relationships between the parties, excluding the Hague Sales Convention.

If individual provisions of these terms and conditions or of the delivery transaction are void or become ineffective, this will not affect the effectiveness of the remaining provisions and the delivery transaction. The parties must immediately replace the void or ineffective regulation with an effective one that comes closest to the economic purpose of the void or ineffective regulation.

We are entitled to process the data received about the buyer regarding or in connection with the business relationship within the framework of the provisions of the Federal Data Protection Act.

koziol »ideas for friends GmbH . Darmstadt District Court HRB 70326

Managing Directors: Stephan Koziol, Daniel Koziol, Thorsten Muntermann