Terms of Service: Unless
otherwise specified, the following terms and conditions apply both to consumers
within the meaning of Section 13 of the German Civil Code (BGB) and to legal
entities under public law, special funds under public law and companies within
the meaning of Section 14 of the BGB.
1. General Our offers are non-committal and non-binding. Conflicting terms and
conditions of the contractual partner are expressly excluded. Transfers of
rights and obligations of the buyer from the sales contract require the written
consent of the seller.
2. Prices All prices
are exclusive of packaging and transport costs. Cost estimates are not binding.
This also applies if the repair is carried out by the manufacturer.
3. Terms of delivery Part deliveries and part services
that can be reasonably expected of the buyer are permissible. In this case,
every partial delivery and partial service that can be reasonably expected of
the buyer is deemed to be an independent delivery and service. Unless the seller
has finally refused the performance beforehand, the buyer can request the seller
in writing to deliver within a reasonable period 4 weeks after a non-binding
delivery date or a non-binding delivery period has been exceeded. With this
reminder, the seller is in default. In the event of default, the buyer can also
set the seller a reasonable grace period in writing for subsequent performance.
If a reasonable deadline set in writing by the buyer for performance or
supplementary performance has elapsed and the seller is responsible for this,
the buyer can demand compensation instead of performance. A claim for damages
for the entire service cannot be asserted if the seller has not performed the
service as owed and the breach of duty is insignificant. The claim for damages
is limited to a maximum of 10% of the purchase price in the case of slight
negligence. If the buyer is a legal entity under public law, a special fund
under public law or an entrepreneur within the meaning of Section 14 of the
German Civil Code (BGB), he is only entitled to compensation in the event of
willful intent or gross negligence. Disturbances in the business operations of
the seller or at his sub-suppliers for which the seller is not responsible, in
particular working delays and lockouts as well as cases of force majeure, which
are based on an unforeseeable and involuntary event, extend the delivery time
accordingly. The goods are delivered by Deutsche Post AG or another forwarding
agency. Any shipping costs incurred will be indicated before the contract is
concluded. In the case of postage / cash on delivery, the deliverer also charges
a cash on delivery free.
4. Dispatch The
goods are dispatched to a location other than the place of performance at the
buyer's expense. If the buyer is a legal entity under public law, a special fund
under public law or an entrepreneur in accordance with Section 14 of the German
Civil Code, shipping is at the buyer's risk.
5. Retention of
Title The goods remain the property of the seller until the
claims due to the seller on the basis of the sales contract have been settled.
If the buyer is a legal entity under public law, a special fund under public law
or an entrepreneur in accordance with Section 14 of the German Civil Code (BGB),
in which the contract is part of the operation of his trade, the retention of
title applies to the claims that the seller has against the buyer from his
ongoing business relationships Has. Treatment and processing take place under
exclusion of the acquisition of property according to § 950 BGB. The processed
goods serve as security in the amount of the invoice value of the processed
reserved goods. If the goods are resold, the buyer, if he is a legal entity
under public law, a special fund under public law or an entrepreneur in
accordance with Section 14 of the German Civil Code, assigns any claims arising
therefrom to the seller. The assigned claim serves as security for the purchase
price claim, with a current account the balance claim in the amount of the
invoice value of the goods sold. At the request of the buyer, the seller is
obliged to waive the retention of title if the buyer has fulfilled all claims
related to the purchase item and there is adequate security for the other claims
from the ongoing business relationship.
6. Warranty As a supplementary performance, the buyer can initially demand the removal
of the defect or the delivery of a defect-free item. If the supplementary
performance fails, the buyer can demand a reduction in price instead of
supplementary performance or, at his option, withdraw from the contract. The
assertion of a claim for damages remains unaffected. The following applies to
supplementary performance: a) The buyer must either notify the seller in writing
of obvious defects within 2 weeks at the latest or have them recorded by him. b)
Warranty obligations do not exist if the cause of the defect is that * the
purchased item was handled improperly or overstressed, or * parts were built
into the purchased item that the seller has not approved for use or * the
purchased item is in a dated The seller has not been modified in a manner that
has not been approved by the seller or * the buyer has not followed the
regulations on handling, maintenance and care of the object of purchase (e.g.
operating instructions). Natural wear and tear is excluded from the guarantee.
If the object of purchase is a used item and the buyer is a consumer within the
meaning of §13 BGB, the warranty period is 1 year. If the object of purchase is
a new item and the buyer is a legal entity under public law, a special fund
under public law or an entrepreneur within the meaning of Section 14 of the
German Civil Code, the warranty period is also 1 year. If the object of purchase
is a used item and the buyer is an entrepreneur within the meaning of Section 14
of the German Civil Code, a legal entity under public law or a special fund
under public law, the warranty is excluded.
7. Returns A copy of the invoice and, if necessary, a description of the error should
be enclosed with the return. A return should be made free. After sending the
original receipts for the necessary return costs incurred to the accounting
department of the seller, the return costs will be reimbursed to the buyer up to
the amount of a standard package from DHL (Deutsche Post Euro Express).
8. Liability The liability of the seller towards the
buyer for his legal representatives, vicarious agents or employees is excluded
except in cases of intent and gross negligence; in cases of injury to life, limb
or health, the seller is also liable in cases of slightly negligent breach of
Claims for damages by the buyer - in particular claims for damages
due to negligence in contract negotiations, due to other breach of duty or
tortious claims for compensation for property damage in accordance with Section
823 BGB and indirect damage, consequential damage including lost profit - are
excluded, unless the damage is caused by an intentional or grossly negligent
breach of duty caused by the seller or his legal representatives or vicarious
The exclusion of liability in accordance with paragraph 1 does
not apply in the event of a culpable breach of an obligation, the fulfillment of
which enables the proper execution of the contract in the first place and
compliance with which the contractual partner can regularly trust (so-called
cardinal obligation). If the buyer is a legal entity under public law, a special
fund under public law or an entrepreneur within the meaning of Section 14 of the
German Civil Code (BGB), in this case the seller's liability is limited to the
replacement of the foreseeable damage typical of the contract, unless the damage
was caused caused by an intentional or grossly negligent breach of duty by the
seller or his legal representatives or vicarious agents.
according to the provisions of the Product Liability Act remains unaffected in
the above provisions of paragraphs 1 and 2. Furthermore, the above paragraphs 1
and 2 do not apply in the event of culpable injury to life or body or health or
in the event of a breach of a guarantee by the supplier or his legal
representative or vicarious agent.
9. Governing Law the law of the Federal Republic of Germany applies to these terms and
conditions as well as the business relationships between the seller and buyer,
excluding the. Other national rights as well as the international UN sales law
and international private law are excluded.
10. Place of
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For all current and future claims from the business relationship with full
merchants, including bills of exchange and checks, the exclusive place of
jurisdiction is the seller's registered office. The same place of jurisdiction
applies if the buyer does not have a general place of jurisdiction in Germany,
has relocated his domicile or habitual abode outside of Germany after conclusion
of the contract or his domicile or habitual abode is not known at the time the
action is brought. However, the seller is also entitled to sue the buyer at his
11. Data protection Without your
express consent, your data will only be used to process your order and will be
stored in the IT system as part of the business relationship. Your data will
only be passed on to companies commissioned with the delivery to the extent that
order processing makes this necessary. Otherwise the data will be treated as
strictly confidential and not made available to third parties.
12. Cancellation policy For distance sales contracts for
consumers within the meaning of § 13 BGB applies: can cancel their shipping
order (by telephone or via the Internet) after receiving the consumer
information and the cancellation policy within a period of 2 weeks after receipt
of the first delivery. The revocation does not have to contain a reason and
should be made either in writing by letter or fax (or on another permanent data
carrier) or by returning the goods. If the revocation is declared in writing,
the timely sending of the revocation to the above address is sufficient to meet
the deadline. After receipt of the revocation, the seller is obliged to
reimburse any payments, if necessary with the deductions permitted by law. The
withdrawing buyer is obliged to return the goods. In the event of cancellation
by returning the goods, posting to the post or handing over to another carrier
is sufficient to meet the deadline.
Right of withdrawal You can revoke your contract declaration within 14 days without giving
reasons in text form (e.g. letter, fax, email) or - if the item is given to you
before the deadline expires - by returning the item. The period begins upon
receipt of this information in text form. The timely dispatch of the
cancellation or the item is sufficient to meet the cancellation deadline. The
revocation must be sent to:
KSM Kaindl-Schäfer-Manufactur Gbr
Dipl. Ing. Roland Kaindl, Claus-Georg Schäfer
In the event of an effective revocation, the
mutually received services must be returned and any benefits (e.g. interest)
surrendered. If you are unable or partially unable to return or surrender the
received service and benefits (e.g. advantages of use) or only in a deteriorated
condition, you must compensate us for the value. You only have to pay
compensation for the deterioration of the item and for any benefits drawn if the
use or the deterioration is due to handling of the item that goes beyond the
examination of the properties and functionality. "Checking the properties and
functionality" means testing and trying out the respective goods, as is possible
and customary in a shop. Transportable items are to be returned at our risk. You
have to bear the regular costs of the return, if the delivered goods correspond
to the ordered ones and if the price of the goods to be returned does not exceed
an amount of 40 euros or if you have not yet received the consideration or a
payment in the case of a higher price of the goods at the time of the
cancellation have made the contractually agreed partial payment. Otherwise, the
return is free for you. Items that cannot be sent as a parcel will be picked up
from you. Obligations to reimburse payments must be fulfilled within 30 days.
The period begins for you when you send your declaration of cancellation or the
goods, for us with their receipt.
Entrepreneurs within the meaning of
Section 14 of the German Civil Code, legal entities under public law and special
funds under public law have no right of withdrawal.
Partial ineffectiveness If individual provisions are
ineffective, the validity of the remaining provisions remains unaffected.