条款和细则
AGB
§1 Scope of Application and Definition of Terms
(1) The following general terms and conditions apply to all
business relations between us and the customer in the version as
applicable at the time an order is placed.
(2) "Consumers"
within the meaning of these general terms and conditions are
individual persons entering into business relations with us for
any purpose not predominantly attributable to their trade,
business or profession (Section 13 German Civil Code).
(3)
"Entrepreneur" within the meaning of these general terms and
conditions are individuals or legal entities or partnerships
with legal capacity entering into business relations with us and
acting in exercise of their trade, business or profession
(Section 14 German Civil Code). Provided entrepreneurs do not
act in exercise of their trade, business or profession, they
will also benefit from consumer rights. They are considered
consumers within the meaning of these general terms and
conditions.
(4) "Customers" within the meaning of these
general terms and conditions relates to both consumers and
entrepreneurs.
(5) No deviating, contradictory or
supplementary general terms and conditions of entrepreneurs, -
even where known - will become contractual components, unless
their applicability was expressly consented to in writing.
§2 Conclusion of a Contract, Storing the Text of the Contract
(1) The following regulations on the conclusion of a contract
apply to orders via our internet shop.
(2) When entering
into the contract, the contract is concluded with
KW
automotive GmbH
legally represented by the managing
directors Klaus Wohlfahrth, Jürgen Wohlfarth
Aspachweg
14
D-74427 Fichtenberg
Register number: HRB 571255
Registration
Court: Local Court Stuttgart.
(3) The presentation of the
goods in our Internet shop (not on ebay) does not constitute any
legally binding offer of a contract on our part, but merely a
non-binding invitation to the customer to order goods. Upon
ordering the desired goods, the customer submits an offer for
the conclusion of a purchase contract binding on him.
(4)
Upon receipt of any order in our Internet shop (not ebay), the
following regulations shall apply:
The customer submits a
binding offer to enter into a contract by successfully passing
through the order procedure provided for in our internet shop.
The order is placed by the following steps:
1.
Selection of the desired goods
2. Confirmation by pressing
the button "add to basket" (symbol shopping cart/basket)
3.
Review of items in the shopping basket
4. Confirmation of
button "proceed to checkout"
5. Entry of applicant's
information (address, telephone number and email address)
6.
Selection of the payment method
7. Noting the GTC and
Revocation Right Instructions
8. Sending the order with
binding effect by clicking the "purchase" button.
Before
sending the order with binding effect and after review of his
statements the customer can return to the Internet page where he
entered his details by pressing the "return" button contained in
the internet browser he uses, and may then correct any entry
errors or break off the order action by closing the internet
browser. We immediately confirm receipt of the order by an
automatically generated email. This confirmation does not yet
constitute an acceptance of the offer. The offer is accepted in
writing, in text form or by delivery of the ordered goods.
(5)
In the case of an order placed via our Internet shop (not ebay),
we will be entitled to accept the customer's offer to enter into
a contract either in writing or in text form or by delivering
the ordered goods within one week. After unsuccessful expiry of
the period set forth in sentence 1, the offer is deemed
rejected.
(6) Storage of the text of the contract in case
of orders placed via our Internet shop (not ebay): We store the
text of the contract and send you the order details and our
general terms and conditions (GTC) by email. You can also view
our GTC at any time at www.kwshop.de. For security reasons, your
order data are no longer accessible on the Internet.
§3 Prices, Costs of Delivery, Payment, Due Date
(1) The stated prices include the statutory value added tax and
other price components. Shipping costs, if any required, and the
costs of cash on delivery are to be added.
(2) The Customer
can pay in advance (remittance), by PayPal, credit card or by
cash on delivery. Payment by cash on delivery is possible only
upon delivery within the Federal Republic of Germany. As a
protection against the credit risk, we reserve the right to
process the requested order only with advance payment.
(3)
If the customer has chosen payment in advance or by PayPal, he
undertakes to pay the purchase price without undue delay after
the conclusion of the contract. As far as we deliver for cash on
delivery, the purchase price claim is due upon receipt of the
goods.
(4) During any default in payment, the entrepreneur
has to pay interest of 9 % above the base rate on the amount
owed. With regard to the entrepreneur, we reserve the right to
prove and assert higher interest rate based on other legal
grounds.
(5) The entrepreneur is entitled to apply set-off
only if his counterclaims are undisputed or have been
established by non-appealable judgment. This does not affect any
warranty claims of the entrepreneur.
§4 Delivery, Passing of Risk
(1) Unless expressly stated otherwise in the product
specifications, all articles offered by us are ready for
shipping within 5 days after the conclusion of the contract.
(2)
If the customer has chosen payment in advance or by PayPal, we
will not ship the goods before receipt of payment.
(3) If
the purchaser is a consumer, the risk of accidental loss and
accidental deterioration of the item sold will also in case of a
sale to destination pass to the purchaser only when the item is
handed over to him.
(4) If the purchaser is an
entrepreneur, the risk and danger of shipping will pass as soon
as the goods have been handed over to the logistics cooperation
partner we commissioned.
(5) If the customer is an
entrepreneur, we reserve the right to determine a new reasonable
delivery period after prompt notification of the customer in the
case that we cannot comply with a delivery period for reasons
for which we are not responsible. If the ordered article is
unavailable also within this new delivery period, we will be
entitled to withdraw from the contract. Any consideration
already paid will be reimbursed without undue delay.
§5 Retention of Title
(1) If the customer is a consumer, we retain title to the goods
until full payment of the purchase price.
(2) If the
customer is an entrepreneur, we retain title to the goods until
full payment of all receivables under the ongoing business
relationship. If the value of the retained goods exceeds the
receivables under the ongoing business relationship by 10%, we
will insofar be obliged to release the retained goods.
(3)
If the customer is an entrepreneur, he is entitled to resell the
goods in the ordinary course of business. The entrepreneur
already here and now assigns to us all claims against a third
party accruing to it from the resale, in the amount invoiced. We
accept this assignment. After the assignment, the entrepreneur
is entitled to collect the receivables. We reserve the right to
collect the receivables ourselves as soon as the entrepreneur
does not duly comply with its payment obligations and enters
into default. The treatment and processing of the goods by the
entrepreneur will at all times be on our behalf. If the goods
are processed by the entrepreneur, we will acquire co-ownership
in the new object in proportion to the value of the goods we
delivered. The same applies if entrepreneurs process or mix the
goods with other items not belonging to us.
§6 Warranty
(1) In the case of consumers, the statutory warranty regulations
apply.
(2) In the case of consumers, claims for damages for
injury to life, body or health or based on the German Product
Liability Act shall also remain unaffected. The same applies to
any breach of duty on the part of our vicarious agents.
(3)
In the case of entrepreneurs, warranty claims other than for
damages shall become statute-barred one year from delivery of
the goods. The statutory limitation periods for recourse claims
of the entrepreneur according to Section 478 German Civil Code
remain unaffected thereby.
§7 Limitation of Liability
We exclude liability for any damage caused by slight negligence,
unless these result from a breach of essential contractual
obligations whose proper fulfilment enables the performance of
the contract in the first place and in respect of which the
purchaser may regularly expect compliance, which relate to
guarantees on the quality of the purchase object, or damage
resulting from an injury to life, body or health, or refer to
claims under the Product Liability Act. The same applies to any
breach of duty on the part of our vicarious agents. If any
essential contractual obligation is breached liability shall in
case of slight negligence be limited to the damage typically
associated with the contract and foreseeable.
§8 Contractual regulation regarding the costs of return upon revocation
If you exercise your revocation right, then the agreement shall
apply, according to which you will have to bear the regular
costs of return.
§9 Contract Language, Choice of Law and Place of Jurisdiction
(1) The exclusive contract language is German.
(2) The laws
of the Federal Republic of Germany shall apply, excluding the UN
Convention on the International Sale of Goods (CISG). With
regard to consumers who do not enter into the contract for any
professional or commercial purposes, this choice of law applies
only to the extent that the consumer is not deprived of the
protection granted by the mandatory laws of the state in which
the consumer has its habitual place of residence.
(3) If
the customer is a merchant, a legal person under public law, or
a separate estate under public law, the competent court at our
registered office shall be the exclusive place of jurisdiction
for all disputes arising from this contract.
§10 Customer Service
Our customer service will be pleased to assist you with any questions, complaints and objections on each working day from 08:00 to 12:30 hours and from 13:30 to 17:00 hours, as follows:
| Telephone: | +49 (0) 7971 - 9630 – 0 |
| Telefax: | +49 (0) 7971 - 9630 – 191 |
| E-Mail: | shop@kwautomotive.de |
KW automotive GmbH
Aspachweg 14
D-74427 Fichtenberg
Telefon: +49 (0) 7971 9630-0
Telefax: +49 (0) 7971 9630-191
E-Mail:shop@kwautomotive.de
Fichtenberg, October 27, 2016
KW automotive GmbH