General terms and conditions for E-Commerce delivery of goods
1. General Conditions
2. Delivery and delivery reservation
3. Charges for postage and packaging
4. Prices
5. Right of return
6. Reservation of proprietary rights
7. Terms of payment
8. Warranty/technical specifications
9. Data protection
10. Place of fulfillment
11. Legal domicile
12. Other regulations
13. Clarification according to the distant selling law
9. Data protection
1. General Conditions
1) For all deliveries and services the following conditions are exclusively valid.
2) All product names are property of the respective producer. Product images are partly exemplary images and can deviate from the ordered/delivered products.
3) The conditions of purchase of the costumer are only effective if they are particularly agreed upon and confirmed in written form by the user. Contracts of purchase are only accomplished through written acceptance of the order (confirmation of order) or through the acceptance of the goods through the customer, if necessary only after expiration of the revocation/return-time limit. An email without a signature would sufficiently fulfill this criterion.
2. Delivery and delivery reservation
1) Storehouse commodities are normally delivered one day after the arrival of an order. Provided that an article not in stock has been ordered, delivery takes place at the earliest one day after the self-delivery. In general this will be four to six days after receiving an order. Deliveries through the seller always take place under the condition that the seller himself has had the goods in question delivered in a timely manner and is not responsible for the unavailability of said article.
2) The seller is not liable to pay out compensation for losses suffered so long as there is no gross negligence or intent on the side of the seller. In case a certain article or substitute article is out of stock, the seller has the right to refuse delivery. In such cases, the seller will immediately inform the customer about the lack of availability.
3. Charges for postage and packaging
1) Postage and packaging within Germany are free of charge. For delivery outside of Germany we charge overall total: 17,- Euro inside Europe, otherwise 39,- Euro.
2) If the order value lies below 50 € we charge a 6 € mark up for small-volume purchases.
4. Prices
1) All prices mentioned by the seller in his internet-offer are without value-added tax. In Germany the prices are valid plus the legal value-added tax. These prices are exclusively valid for orders in the frame of E-Commerce. Postage and packaging within Germany are free of charge. For delivery outside of Germany we charge overall total: 17,- Euro inside Europe, otherwise 39,- Euro.
2) If the order value lies below 50 € we charge a 6 € mark up for small-volume purchases.
3) Prices at the moment of order are always in effect.
5. Right of return
1) The seller grants the legal right of return within two weeks only for legal transactions that a consumer closes in terms of the German legal system without requiring the consumers reasons for the return.
2) The two week deadline begins the moment the delivery has been received; it is realized through the posting of the complete unused and undamaged article to the seller (company and address according to the sales contract).
3) The contract of sale becomes effective after the expiration of the two-week deadline for returning goods.
4) The right to return is not valid for articles that the seller does not have in stock and that the seller obtained because of an explicit costumer requirement.
5) The moment the customer returns the goods the purchase price and the usual shipping expenses via post are reimbursed. The costs for other carriers are not reimbursed. Shipments that have not been prepaid are refused by the seller and returned payable by the customer. Therefore it is important to sufficiently prepay all shipments. Insufficient and/or shipments that have not been prepaid will be considered as not complying with the terms and conditions outlined, and therefore, may not be returnable once the two week deadline has been surpassed, unless the seller accepts the return by way of exception.
6) If the returned articles are damaged or defective, the seller is obliged to compensation towards the seller. The risk of the shipment is assumed by the customer.
Refusal of acceptance
If the customer refuses to accept the ordered articles without canceling the contract of sale in advance, a handling sum of 25 € will be added to the invoice as a service charge plus charges for postage and packaging per shipment. These costs are calculated separately; the sum will be immediately carried to the customers account without granting time for payment.
6. Reservation of proprietary rights
1) Every delivered article remains the sellers property until the complete payment of the purchase price and all claims resulting from the business connection are completely settled (extended reservation of proprietary rights).
2) A disposal over the articles that are under reservation of proprietary rights through the customer is by no means permitted (for example through sale, pledging, transfer by way of security, donation, and assignment for use).
3) In case the customer disposed of the object of purchase contrary to the contract, the purchase price paid or to be paid or other services of the purchaser replaces the articles. At this moment the customer assigns all claims resulting from any disposal to the seller. The customer is not authorized to assert these claims. In the context of the assignment, the customer has to take part in the disclosure of the assignment towards the purchaser and he has to prompt the purchaser to pay the seller or render a service. With regard to the extended reservation of proprietary rights (assignment in advance of the respective claim of the purchase price) an assignment to a third party, especially to a financial institution, is contrary to contract and thus inadmissible. The seller is always authorized to inspect the sales documents of the customer and to inform his buyer about the assignment.
4) In case of a seizure of the articles from the customer, the seller has to be informed immediately under transmission of a duplicate of the compulsory enforcement protocol and of an affirmation in lieu of oath that the distrained articles are the articles delivered by the seller and that they are under reservation of proprietary rights.
5) The assertion of the sellers rights resulting from the reservation of proprietary rights does not release the customer from his contractual obligations. The value of the articles at the time of return will solely be credited to the existing claim of the supplier to the customer.
7. Terms of payment
1) Ordered articles are delivered via debit note, cash on delivery, prepayment or in case of customers with a customer ID on account.
2) Customers based outside Germany can only be delivered against prepayment.
3) If the customer chooses to pay on account a term of payment of seven days after receiving the delivery is deemed to be agreed.
4) If the customer falls behind with the payment, charges in the amount of 5 € are calculated for each overdue notice plus the default interest in the amount of 5% (is the customer an entrepreneur, a statutory legal person or a separate estate under public law, 8%) according to the respective interest rate that the "Deutsche Bundesbank" makes public.
8. Warranty/technical specifications
1) The period of warranty for the articles sold by the seller amounts to two years. The period of warranty begins from the time when the articles are delivered.
2) If the customer is an entrepreneur, a statutory legal person or a separate estate under public law the period of warranty amounts to one year.
3) If the object of purchase is a used object the period of warranty amounts to one year.
4) The customer is obliged to denote apparent deficiencies towards the seller within a term of two weeks after delivery of the articles. After expiration of this fixed period of time an assertion of apparent deficiencies are excluded.
5) As far as the seller provides technical information, it is a matter of manufacturers instructions; this information is without engagement.
6) The seller does not accept warranty for deficiencies that result from his (subsequent) use (for example installation or initial operation of the purchased object or the remedy of damages that have been caused by the installation/initial operation.
7) A liability for a violation of the obligations from the device and products security law is limited to products that have been put in circulation after 01.05.2004. In addition claims for damages only exist for damages that have been caused through a deliberate or grossly negligent breach of duties. The liability- as far as permissible - is limited to product value.
9. Data protection
1) The data necessary for the handling of the order are saved in compliance with the regulations of the Data Privacy Act and are kept in confidence.
2) The seller reserves the right to transfer data for the purposes of credit assessment. The customer is entitled to revoke at any time.
10. Place of fulfillment
The registered place of the seller is agreed upon as the place of fulfillment of all obligations originating from the contractual relationship including any possible warranty claims.
11. Legal domicile
As far as the customer is an entrepreneur, a statutory legal person, or a separate estate under public law, the place of the sellers establishment is agreed upon as the legal domicile.
12. Other regulations
The ineffectualness of single regulations of the underlying contract including the general terms and conditions do not affect the effectuality of other regulations. Any sort of declarations concerning the contractual relationship between the customer and the seller requires- under the reserve of
contrary written agreements- a written form for becoming effective. This is obligatory for the cancellation of the requirement of written form. The effectuality of verbal agreements requires an immediate written confirmation. In cases where there is no written confirmation a verbal agreement will not be valid.
13. Clarification according to the distant selling law
Due to existing statutory obligations (distant selling law)
for the clarification of sales that exclusively come into being through the use of long-distance communication mediums, the following are fixed:
a) Vendor identification
The offer designated in the internet addresses www.kwd-online.de, www.kwd-online.com, www.kwd-globalpipe.de, www.kwd-globalpipe.com, www.globalpipe.de, www.kwd-fenster.de, www.kwd-fenster.de, www.kwd-folien.de, www.kwd-shop.de, www.multilayer-pipe-market.com is an offer from the company:
Redaktion Hix
Proprietor Dipl.-Ing. Jutta Hix
Luisenstrasse 6
D-58332 Schwelm
Tel. +49 (0)2336 / 40 66 42
Fax +49 (0)2336 / 40 66 41
hix@kwd-online.de
b) Conclusion of a contract
The customer renounces the requirement of an acceptance agreement (§ 151 Abs. 1 BGB -civil code). After sending off the order through a click on the appropriate button ("Order Now") the client immediately receives an e-mail that describes the order. Upon receipt of this confirmation the customers order becomes effective, at the latest, upon receipt of the delivery.
c) Delivery reservation
If an article that has been ordered by the customer is unavailable, or if the terms of delivery have exceeded more than four weeks following confirmation, the seller will inform the customer of the exact delivery date as soon as possible, or alternatively inform the client that the delivery cannot be completed.
d) Prices and additional charges
ll mentioned prices are net prices and they are effective inside Germany. Prices at the moment of placing an order are effective. Postage and packaging within Germany are free of charge. For delivery outside of Germany we charge 8 € handling fee. If the order value falls below 50 € we will charge a 6 € mark up for small-volume purchases.
e) Right of return
The seller grants the legal right of return within two weeks without giving reasons exclusively for legal transactions that an individual person concludes for purposes that cannot be ascribed to their commercial or their self-employed professional occupation. The terms begin the moment the delivery is received and is kept by sending the articles off to the seller (the place of the sellers establishment) in due time. The contract of sale becomes effective after the expiration of the two-week deadline for returning goods. The right to return is invalid for articles that the seller does not have in stock and that the seller obtained due to an explicit customer requirement. If the returned articles are damaged or defective, the seller is obliged to compensate the seller.
The purchase price and the usual shipping expenses via post (according to the rates of the "Deutsche Post AG") are reimbursed by the seller in any case. The costs for any other carrier will not be reimbursed. Shipments that have not been prepaid will be refused by the seller and be returned payable by the customer. Therefore it is important to sufficiently prepay all shipments.
9. Data protection
1) The data necessary for the handling of the order are saved in compliance with the regulations of the Federal Data Protection Act and are kept in confidence.
2) The seller reserves the right to transfer data for the purpose of the credit assessment. Cancellation policy § 312 d BGB (civil code) for distant selling contracts.
Right of rescission
You may cancel the contract in written form (for example letter, fax, e-mail) or by returning the goods within two weeks without reason. The terms begin, at earliest, upon receiving this explanation and the receipt of goods.
For complying with the terms a punctual dispatch of the cancellation (or the goods) is sufficient.
The address for the cancellation (or the dispatch of goods) is:
Redaktion Hix, Frau Dipl.-Ing. Jutta Hix
Luisenstrasse 6, D-58332 Schwelm
Consequences of cancellation:
In case of an effective cancellation the received services (or goods) on both sides are to be restituted and, if necessary, in addition to all derived benefits.
If the received services (or goods) cannot be returned or can only partially be returned or returned in a deteriorated state, the value replacement has to be accordingly refunded. This does not apply to goods, as deterioration can only be certified by examining the goods.
Annotations:
In § 355 Paragraph 2 Line 1 BGB (civil code) a two week term of is provided for normal cases of cancellation.
After § 355 Paragraph 2 BGB (civil code) in combination with § 312 d BGB (civil code) for distant selling contracts the terms for cancellation begin only upon the moment of receiving goods and not before the transmission of a clearly designed explanation on the right of rescission that must at least include the following information:
- The name and address of the person to whom the cancellation is to be declared
- References to the term beginning, the term duration, and the precondition for observance of a time limit
- Preconditions for an effective cancellation
- Consequences of cancellation |
