Terms and Conditions

General terms and conditions of business

Article 1 – Definitions

In these terms and conditions, the following is understood to mean:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the course of a professional or commercial activity and concludes a distance contract with the entrepreneur;

Day: Calendar day;

Continuing transaction: a distance selling contract for a series of products and/or services, where the delivery and/or acceptance obligation is spread over time;

Durable medium: any means which enables the consumer or trader to store information addressed personally to him or her in such a way that the information remains available for future reference and unaltered reproduction;

Right of withdrawal: the possibility for the consumer to withdraw from the distance selling contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers via distance selling;

Distance selling contract: a contract in which, within the framework of a system organized by the trader for the sale of products and/or services, exclusively means of distance communication are used up to and including the conclusion of the contract;

Distance communication means: Means that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time;

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Email address: info@kohlmann-berlin.de

Trade name: Kohlmann Berlin

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance selling contract and order between entrepreneur and consumer.

Before the distance selling contract is concluded, the consumer will be provided with the text of these terms and conditions. If this is not reasonably possible, it will be stated before the conclusion of the distance selling contract that the terms and conditions can be viewed at the trader's premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these General Terms and Conditions may, contrary to the previous paragraph, be made available to the consumer electronically before the conclusion of the distance contract, so that it can be stored by the consumer on a durable medium.

If, in addition to these general terms and conditions, specific product or service terms and conditions apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting terms, the consumer may always invoke the provision most favorable to him.

Should one or more provisions of these terms and conditions be wholly or partially invalid or unenforceable at any time, the remainder of the contract and these terms and conditions shall remain in full force and effect and the provision in question shall be replaced immediately by mutual agreement with a provision that comes as close as possible to the original.

Situations not covered by these terms and conditions shall be assessed “in the spirit” of these terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted “in the spirit” of these terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.

This offer is non-binding. The company reserves the right to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a sound assessment of the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the trader.

All images, specifications and data in the offer are indicative and cannot justify any claim for damages or contract termination.

Product images are a true representation of the products offered. The seller cannot guarantee that the colors shown exactly match the actual product colors.

Each offer contains information that clearly explains to the consumer the rights and obligations associated with accepting the offer. This applies in particular to:

  • The price excludes customs duties and import VAT. These additional costs are borne by and at the risk of the customer.
  • the shipping costs;
  • the manner in which the contract is concluded and what measures are required for this;
  • whether the right of withdrawal applies;
  • the payment, delivery and execution terms of the contract;
  • the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
  • the tariff for long-distance communication if the costs for using the means of long-distance communication are calculated on a basis other than the basic tariff;
  • whether the contract is archived after its conclusion and, if so, how it can be viewed by the consumer;
  • the way in which the consumer can check and, if desired, correct the information he has provided under the contract before concluding the contract;
  • the possible other languages ​​in which the contract can be concluded besides Dutch;
  • the codes of conduct to which the trader is subject, and how the consumer can access these codes of conduct electronically; and
  • The minimum duration of the distance selling contract in the case of a recurring transaction. Optional: available sizes, colors, and material types.

Article 5 – The Treaty

Subject to the provisions of paragraph 4, the contract is concluded as soon as the consumer accepts the offer and fulfills the associated conditions.

If the consumer has accepted the offer electronically, the business must immediately confirm receipt of the acceptance electronically. The consumer may cancel the contract until the business has confirmed receipt of this acceptance.

If the contract is concluded electronically, the business will take appropriate technical and organizational measures to ensure secure electronic data transmission and provide a secure web environment. If the consumer can pay electronically, the business will take appropriate security precautions.

Within the framework of legal provisions, the business may obtain information about the consumer's ability to meet their payment obligations, as well as all facts and circumstances relevant to the responsible conclusion of the distance selling contract. If, based on this information, the business has valid reasons not to conclude the contract, it is entitled to reject an order or inquiry, stating the reasons, or to attach special conditions to its execution.

The entrepreneur will send the consumer the following information in writing or in a way that allows the consumer to store it accessibly on a durable medium, together with the product or service:

  1. the address of the entrepreneur's registered office where the consumer can submit complaints;
  2. the conditions under which and the manner in which the consumer can exercise his right of withdrawal, or a clear statement that the right of withdrawal is excluded;
  3. Information about warranties and available after-sales services;
  4. the data referred to in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the contract has been fulfilled;
  5. the requirements for terminating the contract if the contract has a term of more than one year or is for an indefinite period.

In the case of a recurring transaction, the provision in the previous paragraph applies only to the first delivery. Each contract is concluded subject to the sufficient availability of the products in question.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the right to withdraw from the contract within 30 days without giving any reason. This withdrawal period begins on the day after the consumer or a representative designated by the consumer and known to the trader receives the product.

During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it.

If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if possible – in its original condition and in the original packaging to the entrepreneur, in accordance with the reasonable and clear instructions given by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 30 days of receiving the product. This notification must be in writing or by email. After the consumer has declared their intention to withdraw, they must return the product within 30 days. The consumer must provide proof that the goods were returned on time, for example, by means of a shipping receipt.

If the consumer has not notified the authorities of his withdrawal from his Wid after the expiry of the periods referred to in paragraphs 2 and 3.

If the buyer wishes to exercise their right of withdrawal, or has not returned the product to the seller, the purchase is final.

Article 7 – Costs in case of cancellation

If the consumer exercises their right of withdrawal, they bear the costs of returning the products.

If the consumer has already paid an amount, the business will refund this amount as quickly as possible, but no later than 30 days after the cancellation. This is conditional upon the product already having been received back by the business or conclusive proof of complete return being provided.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for certain products, as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products:

  1. which were manufactured by the entrepreneur according to the consumer's specifications;
  2. which are clearly of a personal nature;
  3. which cannot be returned due to their nature;
  4. which can spoil or become obsolete quickly;
  5. whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
  6. for loose newspapers and magazines;
  7. for audio and video recordings and computer software whose seal has been broken by the consumer;
  8. for hygienic products whose seal has been broken by the consumer.

The exclusion of the right of withdrawal is also possible for services:

  1. in the area of ​​accommodation, transport, catering or leisure activities, which are to be provided on a specific date or during a specific period;
  2. whose delivery has begun with the express consent of the consumer before the withdrawal period has expired;
  3. which concern betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except in the case of price changes due to changes in VAT rates.

Notwithstanding paragraph 1, the trader may offer products or services whose prices are subject to fluctuations on the financial market and over which the trader has no control at variable prices. This dependence on fluctuations and the fact that the stated prices are indicative prices will be mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permissible if they are the result of legal regulations or provisions.

Price increases starting 3 months after the conclusion of the contract are only permissible if the entrepreneur has agreed to this and:

  1. these are the result of legal regulations or provisions; or
  2. The consumer has the right to terminate the contract with effect from the day the price increase comes into force.

Delivery takes place in accordance with Article 5, paragraph 1 of the Value Added Tax Act of 1968 in the country where transport begins. In this case, delivery is outside the EU. Consequently, import VAT and/or customs duties will be levied on the consumer upon import. The supplier does not charge VAT.

All prices are subject to change without notice and are subject to errors and omissions. No liability is accepted for the consequences of such errors. In the event of an error, the seller is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable requirements for reliability and/or usability, and the legal provisions and/or official regulations in force at the time of the conclusion of the contract.

If agreed, the entrepreneur also guarantees that the product is suitable for a use other than its normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the supplier in writing within 30 days of delivery. Returned products must be in their original packaging and in new condition.

The warranty period offered by the seller corresponds to that of the manufacturer. However, the seller is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
  • the delivered products were exposed to unusual circumstances or were otherwise handled improperly or contrary to the instructions of the entrepreneur and/or on the packaging;
  • the deficiency is wholly or partly attributable to regulations issued or to be issued by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when accepting and executing orders for products.

Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after the order date. In this case, the consumer has the right to cancel the contract free of charge and to claim any damages.

In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as quickly as possible, but no later than 30 days after the termination.

Should delivery of an ordered product be impossible, the seller will endeavor to provide a replacement. The customer will be clearly and understandably notified that a replacement is being delivered, at the latest upon delivery. The right of withdrawal cannot be excluded for replacement products. The seller will bear the costs of any return shipment.

The risk of damage and/or loss of products remains with the entrepreneur until the time of delivery to the consumer or a previously designated representative notified to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Ongoing transactions: Duration, termination and renewal

Termination:

The consumer may terminate a contract that is concluded for an indefinite period and that relates to the regular supply of products (including electricity) or services at any time with a notice period of no more than one month.

The consumer may terminate a contract concluded for a fixed term and relating to the regular delivery of products or services at any time at the end of the agreed term, with a notice period of no more than one month.

The consumer may terminate the contracts mentioned in the preceding paragraphs at any time and may not be restricted to termination at a specific time or within a specific period.

Extension:

A contract concluded for a specific period of time and relating to the regular delivery of products or services may not be tacitly extended or renewed.

A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a specific period of no more than three months, provided that the consumer can terminate this extended contract at the end of the extension period with a notice period of no more than one month.

A contract concluded for a specific period and relating to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate this contract at any time with a notice period of no more than one month.

A contract for the temporary, regular delivery of newspapers, news and magazines for introductory purposes ends automatically after the trial or introductory period.

Duration:

If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the withdrawal period as defined in Article 6, paragraph 1. In the case of a service contract, this period begins after the consumer has received confirmation of the contract.

The consumer is obliged to immediately report any inaccuracies in the payment details provided or communicated to the entrepreneur.

In the event of late payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer the reasonable costs communicated in advance.

Article 14 – Identity of the entrepreneur

SUITE C, LEVEL 7, WORLD TRUST
TOWER, 50 STANLEY STREET,
CENTRAL
HONG KONG
Greenforcegloballimited@gmail.com

Article 15 – Complaints Procedure

Complaints regarding the performance of the contract must be submitted to the contractor within 7 days of discovering the defect, fully and clearly describing the issue.

Complaints submitted to the company will be answered within 30 days of receipt. If a complaint requires a longer processing time, the company will respond within the 30-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute arises which is subject to dispute resolution.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur states otherwise in writing.

If a complaint is deemed justified by the entrepreneur, the entrepreneur will, at his own discretion, either replace or repair the delivered products free of charge.

Article 16 – Disputes

Contracts between the entrepreneur and the consumer to which these terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.