Terms of Service

General conditions and customer information

I. Terms of service

§ 1 Basic provisions

(1) The following conditions apply to contracts that you conclude with us as a supplier (Koss Design) via the kossdesign.com website. Unless otherwise agreed, the inclusion of any condition you have used is contradicted.

(2) A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to either his commercial activity or his independent professional activity. An entrepreneur is any natural or legal person or a legal company that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.

(3) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission. All product designs, product descriptions, product names, photographic images, content, copy and/or any other intellectual property represented, displayed or otherwise contained on our website is intellectual property. exclusive to Koss Design

§ 2 Formation of the contract
(1) The object of the contract is the sale of goods.

(2) Once the respective product has been displayed on our website, we make a binding offer to conclude a contract under the conditions specified in the item description.

(3) The contract is concluded through the online shopping cart system as follows:
The merchandise to be purchased is placed in the "shopping basket". Through the corresponding button in the navigation bar, you can access the "shopping basket" and make changes to it at any time.
After accessing the "Payment" page and entering your personal details, as well as payment and shipping conditions, all order details will be displayed again on the order summary page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will be directed to the order summary page in our online store or you will first be redirected to the website of the system provider instant payment.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your details there. Finally, you will be redirected back to our online store on the order summary page.
Before submitting your order, you have the option to check all the details here again, to modify them (also using the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "Buy" button, you declare legally binding acceptance of the offer, which gives rise to the conclusion of the contract.

(4) The processing of the order and the transmission of all information necessary in connection with the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have stored with us is correct, the receipt of emails is technically guaranteed and, in particular, is not prevented by SPAM filters.

§ 3 Individually designed products

(1) You provide us with the information, texts or files necessary for the individual design of the goods via the online ordering system or by e-mail no later than immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.

(2) You undertake not to transmit data the content of which infringes the rights of third parties (in particular copyright, naming rights, trademark rights) or violates applicable laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of legal representation necessary in this context.

(3) We do not check the correctness of the transmitted data and assume no liability for errors. § 4 right of retention, reservation of title
(1) You can only exercise a right of retention if they concern claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.

§ 4 Guarantee
(1) There is legal liability for defects.

(2) As a consumer, you are requested to immediately check the integrity of the item, obvious defects and transport damage upon delivery and to inform us and the carrier of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty rights.

§ 5 Choice of law, place of performance, place of jurisdiction
(1) Irish law applies. For consumers, this choice of law only applies to the extent that the protection granted by the mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

(2) The place of performance of all services of business relations with us and the place of jurisdiction is our registered office, provided that you are not a consumer, but a trader, a legal entity under public law or a special estate of public Law. The same applies if you do not have a general place of jurisdiction in Ireland or the EU or if your place of residence or habitual residence is not known at the time of filing the claim. The right to also appeal to the court of another place of legal jurisdiction remains unaffected.

(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply explicitly.

II. Client information

1. Seller identity

Koss Design, Ground Floor, 8-9 Marino Mart, Fairview D03 P590 Clontarf, Dublin, Ireland

Telephone: available upon request
Email: contact@kossdesign.com

Company number: 663697

Alternative conflict resolution:

The European Commission offers an online extrajudicial dispute resolution platform (OS platform), available at https://ec.europa.eu/odr.

2. Information about the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction take place in accordance with the rules "Conclusion of the contract" of our general conditions (part I.).

3. Contract language, storage of treaty text

3.1. The language of the contract is English.

3.2. We do not save the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the print function of the browser. Upon receipt of the order by us, the order data, the information legally required for distance contracts and the general conditions will be sent to you again by email.

4. Essential characteristics of the good or service

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices indicated in the respective offers, as well as the shipping costs, represent the total prices. They include all price components, including all applicable taxes.

5.2. Shipping costs are not included in the purchase price. They can be accessed via a button with the corresponding label on our website or in the respective offer, are displayed separately during the ordering process and must be assumed by you, unless free delivery is promised.

5.3. You have to bear the costs of money transfer (bank transfer or exchange fees) in cases where delivery is made in an EU member state but payment has been initiated outside the European Union.

5.4. The payment methods available to you are displayed under a button with the corresponding label on our website or in the respective offer.

5.5. Unless otherwise indicated for each of the payment methods, the payment rights of the contract entered into are immediately payable.

6. Delivery conditions

6.1. The delivery conditions, delivery date and any existing delivery restrictions can be found on a button with the corresponding label on our website or in the respective offer.

6.2. To the extent that you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold only passes to you when the goods are delivered to you, regardless of whether the shipment is insured or not. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person to carry out the shipment.

7. Legal liability for defects

Liability for defects is based on the "Warranty" rule of our General Conditions (Part I).

These general conditions and customer information have been prepared by the lawyers of the association of distributors specialized in computer law and their legal compliance is constantly checked. The distributor association Management AG guarantees the legal certainty of the texts and is responsible in the event of warnings.