General Terms and Conditions of Sale of profine GmbH and its affiliated companies
pursuant to § 15 et seq. AktG for all online shops operated by it
§ 1 Scope of application
(1) These General Terms and Conditions of Sale ("GTC") apply to contracts concluded via our online shop "Koellection.com" ("online shop" or "online shops") between us and you as our customer. The GTC apply irrespective of whether you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), an entrepreneur or a merchant ("Customer").
(2) All agreements made between you and us in connection with the purchase contract result in particular from these GTC and our written order confirmation.
(3) The version of the GTC valid at the time the contract is concluded shall apply.
(4) We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of goods in our online shops does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking on the "Order with obligation to pay" button, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; this does not affect your right to cancel your order in accordance with § 3.
(3) You can place orders if you have opened an account in the online shop. In the "Köllection" online fashion/merch shop, you can also place an order as a guest without opening a customer account.
(4) In order to avoid input errors during the order process, you will receive an overview of your entries before completing the order process. After checking the entries you have made, you finalise the order by clicking on the "Order with obligation to pay" button.
(4) We will immediately confirm receipt of your order placed via our online shops by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
(5) A contract is only concluded when we accept your order through a declaration of acceptance ("order confirmation") or through the delivery of the ordered goods without an order confirmation having been sent beforehand.
(6) We reserve the right to refuse or cancel orders generated by automated programs, in particular by software, a machine, a crawler, a spider or other automated web programs or scipted behaviour systems or by using third-party services used to place orders on their behalf.
(7) We do not assume the risk of having to procure ordered goods (procurement risk). We are not obliged to deliver ordered goods if we have duly ordered the goods but have not been supplied correctly or on time (congruent covering transaction) and are not responsible for this lack of availability of goods and have informed you of this immediately.
(8) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will refrain from confirming the order. In this case, a contract will not be concluded. We will inform you immediately and refund any payments already received without delay.
§ 3 Right of cancellation
(1) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB) (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of cancellation in accordance with the statutory provisions.
(2) If you as a consumer exercise your right of cancellation in accordance with section 1, you must bear the regular costs of returning the goods.
(3) In all other respects, the provisions set out in detail in the following shall apply to the right of cancellation
Cancellation policy:
Right of cancellation:
As a consumer, you have the right to cancel this contract within fourteen (14) days without giving any reason.
The cancellation period is fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods or, in the case of partial deliveries, the last delivery.
In order to exercise your right of cancellation, you must inform us, profine eSolutions GmbH, Zweibrücker Straße 200, 66954 Pirmasens Phone: +49 6331 56-1139 and e-mail: koellection@profine-group.com of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the following sample cancellation form, but this is not mandatory. You can also electronically complete and submit the sample cancellation form or another clear declaration on our website (https://www.koellection.com/en/customer-service/right-of-withdrawal/). If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail).
(Sample cancellation form)
- To
[the name, address and e-mail address of the entrepreneur must be inserted here by the entrepreneur]:
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- date
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of cancellation:
If you withdraw from the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. However, we may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us or to [insert the name and address of a person authorised to receive the goods] immediately and in any case within fourteen days of the day on which you inform us of the cancellation of this contract at the latest. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
- End of the cancellation policy
(4) The right of cancellation does not apply to
(a) Delivery of goods which have been manufactured according to customer specifications or which are clearly tailored to personal needs or which are not suitable for return due to their nature or which can spoil quickly or whose expiry date would be exceeded,
(b) for the delivery of audio or video recordings or software, provided that you have unsealed the delivered data carriers.
§ 4 Terms of delivery and reservation of advance payment
(1) We are authorised to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract.
(3) In the case of orders from customers with a place of residence or business in third countries or in the event of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment). If we make use of prepayment, we will inform you immediately. In this case, the delivery period shall commence upon payment of the purchase price and shipping costs.
(4) Deliveries of orders in the merch shop can be made worldwide. Contracts in the online shops can be concluded in either German or English.
§ 5 Prices and shipping costs
(1) All prices quoted in our online shop are gross prices including statutory VAT and do not include shipping costs. The prices listed at the time of the order apply.
(2) Invoices shall be enclosed with the delivery.
(3) If a customer places an order in Germany and the delivery is made within Germany, the invoice shall show the VAT applicable in Germany. For entrepreneurs who order from an EU member state, a state of the European Economic Area or a third country and if the delivery is made to one of the aforementioned states, the invoice can be issued without VAT if you as the customer provide a VAT ID of the corresponding state when placing the order. If the entrepreneur does not have such a VAT ID, the invoice will be issued with the VAT applicable in Germany.
(4) If the customer is a consumer and orders from one of the countries mentioned in paragraph 3 and the delivery is made to one of the countries mentioned in paragraph 3, the value added tax applicable in the recipient country shall be charged.
(5) The shipping costs are indicated in our prices in our online shop. The price including VAT and shipping costs will also be displayed in the order form before you finalise the order by clicking on the "Order with obligation to pay" button.
(6) If we fulfil your order in accordance with § 4 (1) by making partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(7) If you effectively cancel the contract in accordance with § 3, you can demand reimbursement of costs already paid for shipping to you (shipping costs) under the statutory conditions (see § 3 para. 3 for other cancellation consequences).
§ 6 Terms of payment and offsetting and right of retention
(1) The purchase price and shipping costs are due immediately.
(2) We offer PayPal or PayPal Plus (EC/Maestro or credit card, purchase invoice with a payment term of approx. 30 days and Google Pay™) as payment methods for the purchase price and shipping costs. You will be informed about the specific payment methods offered before placing the order and can then choose them freely. We do not cover any costs that may be incurred for a monetary transaction, especially if the account is held abroad or if a conversion into euros is required.
(3) You are not authorised to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also not entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 7 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 8 Warranty/liability for defects
(1) We shall be liable for material defects or defects of title of delivered goods in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) We do not give any further guarantees.
§ 9 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions.
(2) In other cases, we shall only be liable - unless otherwise regulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 10 Copyrights
In particular, we have copyrights to all images, films and texts published in our online shops. Use of the images, films and texts is not permitted without our express consent.
§ 11 Complaints procedure/whistleblower system, Code of Conduct
We have set up an effective complaints procedure and whistleblower system. You can find this on our website www.profine-group.com.
§ 12 Data protection notice
We process (in particular collect, process, store) and use your personal data, in particular your contact details for processing your order, including your e-mail address, if you provide it to us. We may use information (e.g. also a so-called score value) from external service providers to help us make a decision and make the payment method dependent on this. The information also includes information about your address. This is done for the purpose of contract processing, Art. 6 para. 1b) GDPR. For details, please refer to our (https://www.koellection.com/en/company/privacy-policy/).
§ 13 Changes to the General Terms and Conditions of Sale for our online shops
We reserve the right to change these General Terms and Conditions of Sale for orders in our online shops at any time by publishing the changes in the respective online shop. You are subject to the General Terms and Conditions of Sale in force at the time you place your order with us. The General Terms and Conditions of Sale show the current status.
§ 14 Severability clause
Should individual provisions of these General Terms and Conditions of Sale be invalid or unenforceable, this shall not affect the validity of the remaining provisions of these General Terms and Conditions of Sale.
§ 15 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, i.e. Pirmasens. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Status: May 2025