1. SCOPE – TERM DEFINITION

The following business terms (hereinafter referred to as: T&C) apply to all contractors that Kohne Marketing & Vertrieb GmbH & Co. KG (hereinafter referred to as the supplier) concludes with consumers (hereinafter referred to as the customers) as part of its electronic ordering service.

A “consumer” as defined by these T&Cs is any natural person with whom a legal transaction is agreed mainly for a purpose that cannot be assigned to their commercial or self-employed business activity. A “businessperson” as defined by these T&Cs is a natural person or legal entity or an independent partnership that when concluding a legal transaction acts in according to its commercial or independent business purpose.

2. CONCLUSION OF THE CONTRACT / OFFER / ACCEPTANCE

The goods offered in the www.bluemagicball.de online shop are not binding and are not contractual offers as defined by law. By clicking the “Place in basket” button, the customer can place the relevant goods in the virtual shopping basket. This process is not binding and does not represent a contractual offer by the customer.

Before submitting a binding contractual offer, the content of the order including the customer data is summarized into an overview page. The customer can view and correct all of the order data there via the available change fields.

By clicking the “Pay now” button, the customer provides a binding offer to purchase the goods found in the shopping basket. Only after clicking the “Accept T&Cs” button are the T&Cs included in the customer’s request and the offer can be submitted and transferred.

Immediately after receiving the offer, the supplier sends the customer an automatic

receipt confirmation (order confirmation) by email that confirms receipt of the order and shows the individual details. However, this is not yet a contractual acceptance but rather simply documents receipt of the order by the supplier. A purchase agreement only comes into force by the sending of a separate dispatch confirmation or tacitly by dispatching the goods.

Via the “My account” function, the customer can at any time call up the details of their order and the T&Cs for “Saving” or “Printing”.

Before submitting the contractual declaration the customer has available to them the contractual provisions in the form of the T&Cs and the right of return in text form.

3. DELIVERY

The goods are delivered by mail to the delivery address stated by the customer if nothing further has been agreed. When processing the transaction, the delivery address stated in the seller’s order process is decisive.

4. RETENTION OF TITLE

The delivered goods remain the property of Kohne Marketing & Vertrieb GmbH & Co. KG until complete payment.

5. PRICES AND DISPATCH COSTS

The prices of goods stated on the www.bluemagicball.de website include the relevant applicable value-added tax.

The goods are sent by DHL. The customer bears the transport costs. They are stated on the order form before submitting the order.

6. PAYMENT METHODS

The purchase price is due on conclusion of the contract.

The customer can make payment in advance by bank transfer, by credit card (we accept MasterCard and Visa), PayPal or Amazon Payments.

7. ACCEPTING ORDERS

Kohne Marketing & Vertrieb GmbH & Co. KG AG is free not to accept online orders. Whether an order is accepted or not is at the discretion of Kohne Marketing & Vertrieb GmbH & Co. KG. If www.bluemagicball.de does not execute an online order,

www.bluemagicball.de will inform the online shop customer of this immediately.

The www.bluemagicball.de shop does not accept any orders from customers who are not yet 18 years old. An order confirmation does not yet represent a binding purchase agreement. The purchase agreement only comes into force by the sending of a separate dispatch confirmation or tacitly by dispatching the goods. The contractual language is German.

The following steps are required to submit your binding order via the online basket system: Please place the item or items in the virtual shopping basket by clicking the “Place in basket” button. You can open this and make changes at any time by clicking the button with this name. After placing the desired item in the shopping basket, by pressing the “Checkout” button in the shopping basket you first choose between the “Login”, “Register now” or “Continue without registration” buttons to enter the personal data or go to the login area if you are already registered with us. Then you reach the (3) order overview page by selecting the (1) invoice & delivery address, dispatch method, accepting our T&Cs and (2) the payment type. Here you can again check all of the order data and make any changes or modifications by pressing the “Modify” button or cancel the order (or do so by closing the browser window). Only by pressing the “Buy now” button is the order process complete. If nothing further is stated in the item description, all items are delivered without the decoration shown.

8. DATA PROTECTION AND CREDITOR PROTECTION

All personal data is always treated in confidence.

The personal data collected from the customer is processed, used and saved for the purposes of processing and implementing your order. If necessary the data is also transferred to associated companies and/or our service partners in order to be processed and used by them to complete the order. As per Section 33 of the German Data Protection Act (BDSG), we collect and save customer data to process the contracts. We comply with the regulations of the German Data Protection Act and Telemedia Act (TMG). Without the customer’s consent, we will only collect, process or use inventory and usage data if this is necessary to process the contractual relationship and to utilise or bill tele-services. Without the customer’s consent, we will not use the customer’s data for market or opinion research. The

customer has the opportunity to call up the data saved, modify or delete it at any time using their personal access details. This website uses Google Analytics, a web analysis service by Google Inc. (Google). You can find more information on data processing from the data protection declaration that can be called up at any time on the www.bluemagicball.de website in a form that can be printed and saved. On request the customer will receive information on the data concerning themselves that has been saved at any time.

9. WARRANTY

The consumer has a right to a warranty for defects to the purchased goods under the statutory provisions of Sections 437 et seq. of the German Civil Code (BGB). In particular, the customer may request subsequent fulfillment (new delivery or defect resolution). Kohne Marketing & Vertrieb GmbH & Co. KG is however entitled to refer the customer to new delivery if the resolution of defects is associated with disproportionate costs. The warranty claims lapse two years after delivery of the goods. The buyer should assert their warranty claims stating the order number, name and addresses as well as briefly stating the reasons. On request by Kohne Marketing & Vertrieb GmbH & Co. KG the customer will send the defective goods for checking at the expense and risk of Kohne Marketing & Vertrieb GmbH & Co. KG to the following address:

Kohne Marketing & Vertrieb GmbH & Co. KG, Am Weinberg 16, 35447 Reiskirchen, Germany

10. LIABILITY FOR DAMAGE

The supplier is always liable for damage based on a deliberate or grossly negligent obligation infringement by the supplier, its statutory representatives or vicarious agents.

Liability for slight negligence only exists when infringing a significant contractual obligation. Significant contractual obligations are those that must be fulfilled to permit the contract to be implemented properly and on the compliance of which the contractual partner regularly may rely. In this case the liability is restricted to damage which the supplier could typically expect according to the circumstances known when concluding the contract.

Liability for any warranty accepted here for the characteristics of the goods is unaffected by this. This also applies to liability for damage that must be reimbursed under the German Product Liability Act and for injury to life, limb or health.

11. CONSUMER’S CANCELLATION RIGHT

Consumers are fundamentally entitled to a cancellation right. Additional information on the cancellation right is found in the Kohne Marketing & Vertrieb GmbH & Co. KG cancellation notification.

12. COPYRIGHTS AND TRADEMARKS

The contents of this website, including the texts, graphics, photos, illustrations, images, moving images, noises and software, are protected by copyright. They may only be downloaded or used for private use. The further publication, transfer, reproduction or other use of the images is prohibited.

13. OPERATOR INFORMATION

Operator:
Kohne Marketing & Vertrieb GmbH & Co. KG
Am Weinberg 16
35447 Reiskirchen
Germany
Email: info@kohne-marketing.de

14. EXCLUSION OF LIABILITY FOR THIRD-PARTY LINKS

If there are links to the websites of other suppliers, we have no influence on their content. Therefore we cannot accept any guarantee or liability for this content. Therefore the relevant supplier or operator of these websites is always responsible for the content of these pages. At the time the link was set the pages were checked for potential and recognizable legal infringements. No illegal content was found when the link was established. However, permanently checking the linked pages

is unreasonable without specific suspicions of a legal infringement. If we become aware of such legal infringements we remove such content immediately.

15. APPLICABLE LAW

The law of the Federal Republic of Germany with the exclusion of UN purchasing law applies to all contracts between the supplier and customer.

16. FINAL PROVISIONS

The rest of the contract remains binding even if individual points have no legal effect.