1 Scope of application and provider

These General Terms and Conditions apply to all orders that you place in the following online store of the company:

Kotte Performance GmbH
Phone no.: +49160 94619976
E- Mail:
mail@kotte-performance.com

Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is hereby rejected.
The contract language is exclusively German.
You can call up and print out the currently valid General Terms and Conditions on the website https://kotte-onlineshop.de/.

  • 1.1 Online dispute resolution

Under applicable law, Kotte Performance GmbH is obliged to inform consumers of the existence of the European Online Dispute Resolution platform, which can be used to resolve disputes without the need to involve a court.

The European Commission is responsible for setting up the platform.
The European online dispute resolution platform can be found here: http://ec.europa.eu/odr

However, Kotte Performance GmbH would like to point out that Kotte Performance GmbH is not prepared to participate in dispute resolution proceedings within the framework of the European Online Dispute Resolution Platform.
However, Kotte Performance GmbH offers the customer the following options for contacting us: By telephone on +49160 94619976 or via the contact form.

  • 2 Conclusion of contract

The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
By clicking the “Order now” button, you submit a binding purchase offer (§ 145 BGB).
After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. The confirmation of receipt does not constitute a contract.
A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we send the goods to you without prior express declaration of acceptance.

  • 3 Data protection

Personal data (e.g. title, name, address, e-mail address) is collected, processed and stored by us exclusively in accordance with the provisions of German data protection law, in particular the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

We provide additional information on data protection as well as on the type, scope and purpose of our collection and use of personal data as part of our data protection declaration at www.kotte-performance.com.

  • 4 Prices

The prices stated on the product pages include statutory VAT and other price components and are exclusive of VAT. the respective shipping costs

  • 5 Terms of payment; default

Payment can be made either by:

  • Prepayment: Bank transfer

If you select the payment method “Prepayment: Bank transfer”, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. You will be charged at least a reminder fee of EUR 5 for each reminder letter sent to you after the default has occurred, unless you can prove that the damage is lower.

  • 6 Offsetting/right of retention

You are only entitled to offset if your counterclaim has been legally established or is not disputed by us.
You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

  • 7 Delivery; retention of title

Unless otherwise agreed, the goods will be delivered from our warehouse to the address specified by you.
The goods remain our property until the purchase price has been paid in full.
If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We shall be responsible for selecting the collateral to be released.

  • 8 Cancellation policy

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you are making the purchase for purposes which cannot be attributed primarily to your commercial or independent professional activity, you have a right of withdrawal in accordance with the following provisions.

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen 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.

To exercise your right of withdrawal, you must send us

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation
If you withdraw from this 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; under no circumstances will you be charged any fees for this repayment.

We may refuse to refund you 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 immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send 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 to check their condition, properties and functionality.

Sample withdrawal form

If you wish to withdraw from the contract, please complete this form and return it to us:

Kotte Performance GmbH, Grüner Weg 19 33449 Langenbergielefeld E-Mail: mail@kotte-performance.com

I/we hereby revoke the contract concluded with me/us for the purchase of the following product(s):___________________________________

Add the ordered item(s) for which you wish to exercise your right of withdrawal.

Total price of the product(s):

Ordered on: ___________________

received on: ___________________
Your address: ___________________

Her name: ___________________
Your street: ___________________
Zip code / City: ___________________


Date: ___________________ Unterschrift: ___________________

End of the withdrawal policy

The right of withdrawal does not apply to the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name), to the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery or to the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Please avoid damage and soiling. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. Use protective outer packaging if necessary. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for compensation due to damage caused by defective packaging.

Please call before returning under the tel. No. 0521 / 38441916 to notify us of the return. In this way, you enable us to allocate the products as quickly as possible.

Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

  • 9 Transport damage

If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible.
Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance company.

  • 10 Warranty

Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of sales law (§§ 433 ff. BGB). If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the limitation period for warranty claims for used goods is one year, in deviation from the statutory provisions. This limitation does not apply to claims for damages resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims for other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

In all other respects, the statutory provisions shall apply to the warranty. If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:
Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.

In the event of defects, we shall provide warranty at our discretion by repair or replacement (subsequent performance). In the event of rectification of defects, we shall not be required to bear the increased costs arising from the transportation of the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.

If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion. The warranty period is one year from delivery of the goods.

  • 11 Liability

Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the German Product Liability Act. We are liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.

Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.

  • 12 Note on returning batteries or rechargeable batteries

Batteries must not be disposed of with household waste. You can return your old batteries free of charge to the public collection points in your municipality or wherever batteries are sold. Batteries containing harmful substances are marked with a symbol consisting of a crossed-out dustbin and the chemical symbol (Cd, Hg or Pb) of the heavy metal that is decisive for the classification as containing harmful substances.
The “waste garbage can” symbol means that batteries and rechargeable batteries must not be disposed of with household waste. The signs under the dustbin stand for:
– Pb: Battery contains lead
– Cd: Battery contains cadmium
– Hg: Battery contains mercury
§ 13 Information on the disposal of electrical and electronic equipment
Electrical and electronic appliances must not be disposed of with household waste. You can hand in your old electrical appliances free of charge at one of the municipal collection points.
§ 14 Final provisions
Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be the place of jurisdiction.