General Terms and Conditions

1. Scope and provider

These GTC apply to all orders placed via kosy-home.de. Provider is Fupo Konzepte GmbH, Bautzener Straße 6, 10829 Berlin, Germany, registered with the commercial register at Amtsgericht Charlottenburg, HRB 182736 B, VAT ID DE310182237, represented by the managing directors Stefan Pohl and Henry Funke.

Conflicting terms of the customer do not apply unless we have expressly agreed to them in writing.

2. Conclusion of contract

The presentation of products in the configurator is not a binding offer but an invitation to place an order. By clicking the "Buy now" or "Place order" button you submit a binding offer to purchase the items in your basket. We confirm receipt of your order by email immediately. This confirmation does not yet constitute acceptance of your offer. The contract is concluded only when we explicitly accept the order, send a shipping confirmation, or begin production of your made-to-measure item.

3. Made-to-measure products

Curtains are manufactured to the measurements and configuration you specify. After production has started, the order can no longer be changed or cancelled (see section 6 below on the right of withdrawal for custom-made goods). You can cancel a custom-made order without giving reasons within 4 hours of order receipt; afterwards your order enters production.

If you have purchased before measuring, we will email you a guided measuring link. Your size band determines the price; if your final measurements fall into a different band, we will contact you for confirmation before any additional charge.

4. Prices and shipping

All prices include the applicable German VAT and are stated in euros (EUR). Within Germany, shipping is free from an order value of €100; below that threshold, the shipping costs displayed during checkout apply. Deliveries to other EU countries are calculated and shown before you confirm your order.

5. Payment, retention of title

Payment is processed via Stripe (Stripe Payments Europe Ltd.). We accept the payment methods displayed in the checkout. The goods remain our property until full payment of the purchase price has been received.

6. Right of withdrawal

Consumers have a statutory right of withdrawal for prefabricated goods. The right of withdrawal does not apply to goods that are made to the consumer's specifications or that are clearly tailored to personal needs (§ 312g para. 2 No. 1 BGB) — this applies to all made-to-measure Kosy curtains. Details, including the model withdrawal form, are set out in our separate withdrawal notice.

7. Warranty for defects

Statutory warranty rights apply. If the goods are defective, you can demand cure (Nacherfüllung). If cure fails or is unreasonable, you can withdraw from the contract, reduce the purchase price or claim damages within the limits of the statutory provisions. Obvious transport damage should be reported to the carrier on delivery and to us as soon as possible — this will not affect your statutory rights.

8. Liability

We are fully liable for damages arising from intent or gross negligence, from culpable injury to life, body or health, under the German Product Liability Act, or under a guarantee we have given. For slight negligence we are liable only for the breach of essential contractual obligations ("cardinal obligations") and only up to the foreseeable, contract-typical damage. Any further liability is excluded.

9. Online dispute resolution

The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

10. Applicable law, place of jurisdiction

These GTC and any contracts concluded under them are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive the consumer of mandatory protections of the law of their habitual residence. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes is Berlin.

11. Severability

Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.