General terms and conditionsGeneral terms and conditions for the kugelmann fan shop
I. General Terms and Conditions
§ 1 General provisions
(1) The following terms and conditions apply to all contracts between Kugelmann Maschinenbau e.K. and the customers, made via the provider’s website www.kugelmann.com. Unless otherwise agreed, the inclusion of the customers’ own conditions are contradicted.
(2) A consumer according to the following rules is any natural person who enters into a transaction for a purpose that cannot be attributed to neither their commercial nor their independent professional activity. Entrepreneur is any natural or legal entity or a legal partnership that in concluding a contract is exercising their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The object of the contract is the sale of goods.
Our offers on the Internet are non-binding and no binding offer to conclude a contract.
(2) The customer can give a binding purchase offer (order) via the online shopping cart system.
The proposed purchase of goods is stored in the “shopping cart”. By using the appropriate push-button in the navigation bar, you can open the “shopping cart” and make changes at any time. After activation of the "Buy” button and entering of the personal details as well as the payment and shipping terms all order data will be shown once again. If you use the immediate payment system “PayPal-Express” by clicking the corresponding button in the shop system, you will be redirected to the PayPal login site. After successful registration, your address and account data stored on PayPal is displayed. Using the button “Continue”, you are redirected to the order overview in our online shop.
Before submitting the order, the customer has the opportunity here to check all the details again, to change them (even using the “back” button of the Internet browser) or to cancel the purchase.
By sending the order using the “Buy” button, you have submitted a binding offer.
(3) The acceptance of the offer (and therefore the conclusion of the contract) is sent immediately by confirmation in writing (e.g. e-mail), in which the processing of the order or the delivery of goods is confirmed (confirmation of order).
If you don't receive an order confirmation, your order is no longer binding for you. In this case, any services rendered will be immediately returned if applicable.
(4) Your requests for individual quotations are non-binding. For this purpose, we shall submit an offer in writing (e.g. by email), which you can accept within 5 days.
(5) The execution of the order and delivery of all required information in connection with the conclusion of the contract is made via e-mail (partially automated). Therefore, you must ensure that your e-mail address is correct and that the receipt of e-mails is technically ensured and particularly not inhibited by SPAM filters.
§ 3 Retention of title
(1) You can only use a retention right, as far as it concerns demands from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 4 Liability
(1) We are fully liable for damages arising from injury to life, limb or health. Furthermore, we provide liability without limitation in all cases of intent and gross negligence, if a defect is fraudulently concealed, in case of assumption of guarantee for the procurement of the object of purchase and in all other legally regulated cases.
(2) The liability for defects within the scope of the implied warranty complies with the corresponding regulation in our customer information (Part II).
(3) If material contractual obligations are concerned; in case of minor negligence, our liability is limited to the foreseeable damages that are typical for the contract. Material contractual obligations are essential obligations arising from the nature of the contract and the breach of which would endanger the achievement of the purpose of the contract as well as duties that the contract imposes on us according to its content and for the execution of the purpose of the contract, the fulfilment of which enables the duly fulfilment of the contract in the first place and on the fulfilment of which the customer may regularly rely on.
(4) Liability is excluded where there is a slightly negligent infringement of inconsequential contractual obligations.
(5) Due to the current level of technology, the correspondence of data over the internet cannot be guaranteed to be error-free and/or available at all times. We are therefore neither liable for the permanent nor the uninterrupted availability of the website and the service offered therein.
§ 5 Applicable Law, Place of Performance, Jurisdiction
(1) German law shall apply. This choice of law applies to consumers only to the extent that any granted mandatory protection in the country in which the consumer resides has not been withdrawn (favourability principle).
(2) Place of fulfilment for all services provided by us in the existing commercial relationship, as well as the area of jurisdiction, is our registered seat, as long as the client is a consumer and not a trader, a legal entity under public law or a special fund under public law.
The same applies in cases where the customer does not have a general area of jurisdiction in Germany or the EU, or in cases where the customer’s place of residence is unknown at the time of the institution of proceedings. The capacity to appeal to another court of jurisdiction remains thereby unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply here and are expressly excluded.
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II. Customer information
1. Seller’s identity
Kugelmann Maschinenbau e.K.
D-87675 Rettenbach a.A.
Gewerbepark 1-5
Phone: +49 (0)8860/91 90-0
E-mail: office@kugelmann.com
The European Commission provides a platform for out-of-court online dispute resolution (ODF platform); for further information go to http://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance with § 2 of our General Terms and Conditions (part I).
3. Contract language, saving of contract text
3.1. Contract language shall be German.
3.2. The complete text of the contract is not saved by us. Before sending the order via the online shopping cart system, you can print the contract data via the print function of your browser or save them electronically. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are sent to you again via e-mail.
3.3. When it comes to inquiries that lie outside the context of the online shopping cart system, you receive all the contract data lying within the framework of a binding offer in an e-mail, which you can print out or save electronically.
4. Codes of conduct
4.1. We are voluntarily subject to the "Käufersiegel" quality criteria of Händlerbund Management AG which can be viewed at:
http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and, in connection with that, the Ecommerce Europe Trustmark Code of Conduct http://www.ecommerce-europe.eu/website/trustmark/code-of-conduct/haendlerbund
5. Main features of the product or service
The main features of the product and/or service can be found in the product description and the supplementary details appearing on our website.
6. Prices and means of payment
6.1. The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all price components including all applicable taxes.
6.2. The incurring shipping costs are not included in the purchase price. They can be called up via the relevant button on our website or in the relevant item description, are separately specified during the ordering process and must be borne by you separately, unless free delivery has been agreed upon.
6.3. The payment methods that are available to you are specified under a button correspondingly named on our website, or in the respective product description.
6.4. Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded shall immediately become due for payment.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and any potential delivery restrictions can be found under a correspondingly named button on our website, or in the respective product description.
7.2. . If you are a consumer, the following is statutorily regulated: the risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether the shipping operation is insured or not. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
8. Statutory warranty right
8.1. The statutory warranty rights are applicable.
8.2. As a user, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
These standard business terms and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: http://www.haendlerbund.de/agb-service.
Last update: January 18, 2016