General Terms and Conditions for kugellager-online GmbH & Co. KG
§ 1 Scope of application
- The General Terms and Conditions at hand apply to all contracts between the user (kugellager-online GmbH & Co. KG) and the purchaser (customer).
- The General Terms and Conditions at hand apply exclusively to the contractual relationship between the user and the purchaser. The use of the General Terms and Conditions/Purchasing Conditions issued by the purchaser is explicitly disagreed; these are not contract terms unless the user explicitly agrees to a deviating regulation in writing.
§ 2 Conclusion of contract
- The user's quotations are intended exclusively for companies who are obtaining the goods for their own professional or commercial activities.
- The contract takes effect through the purchaser's goods order and acceptance of the order by the user and through shipment of the goods.
- The purchaser is entitled to return unused items which are still in the original packaging within 30 days after the shipment date. This does not apply to items which were not in stock in the user's warehouse at the time of ordering, or to items which had to be specially purchased or specially order-picked. A restocking fee applies to returns with a value of over EUR 200 at 10% of the value of the goods. A return form must be applied for in advance from the user's customer service for every return shipment. Any shipping costs resulting from return shipments of items which are still in the original packaging must be met by the purchaser.
- Partial shipments are permitted insofar as this is not unreasonable for the purchaser and insofar as no disadvantages result from the use of this.
§ 3 Prices and conditions of payment
- The prices result from the user's price list which is visible on the Internet. All prices are net prices plus the statutory VAT applicable at the time of delivery.
- The amount of the shipping costs is based on the current shipping cost table issued by the user. These also include the freight and secondary packaging costs. Selection of transport company is carried out by the user at his reasonable discretion.
- Invoices are due for payment 30 days after invoice date. If payments are made within 10 days of the invoice date, a 2% discount will be granted. The user is entitled to submit invoices on paper or electronically.
- If the purchaser is in default of payment the user will calculate default interest from the moment of default at 8 percent above the standard basic interest rate as published by the Deutsche Bundesbank.
- Any other invoices issued to the purchaser will be immediately due for payment on the day on which an invoice becomes due for payment.
§ 4 Transfer of risk, creditor default
- The risk of accidental loss of goods or accidental deterioration is borne by the purchaser as soon as the purchased item has left the user's headquarters.
- The purchaser is obliged to accept the purchased item. If the purchaser refuses acceptance of the purchased item, the user is entitled to rescind the contract and to demand compensation due to non-fulfilment after he has set a grace period.
§ 5 Reprimand duty
- The purchaser is obliged to check the purchase item immediately, within three days of delivery at the latest, and to notify the user of any defects which are visible and obvious to the purchaser during the check.
- If the purchaser does not notify the user of any visible and obvious defects the goods are considered approved. No guarantee claims can be made in this case.
- If a defect which was not visible and obvious during the check should become apparent at a later date, the purchaser is obliged to notify the user of the defect within 3 days of discovery. If the purchaser does not make this notification the goods are considered approved despite this defect.
- Transport damages must be notified to the carrier or haulier immediately and be noted in writing on the freight papers. If the purchaser does not make this notification the goods are considered approved despite this defect.
§ 6 Warranty
- We are completely liable for our own faults and those of our legal representatives and employees only as far as the fault is intentional or due to gross negligence, in cases of minor negligence only for the breach of fundamental contract and only up to the level of typically foreseeable damages.
- The restrictions in Clause 1 do not apply to compensation claims damages resulting from harm to life, body and health.
§ 7 Place of fulfilment and place of jurisdiction
- Place of fulfilment is the user's company headquarters in Bochum.
- For all disputes arising in connection with the contractual relationship, a court claim must be made to the district court responsible for the user's company headquarters insofar as the purchaser is a businessman, a legal entity under public law or a special fund under public law.
- We will not participate in a dispute settlement procedure initiated by a consumer arbitration body. You can find more information on the European Commission’s Online Dispute Settlement Portal at http://ec.europa.eu/consumers/odr/.
§ 8 Applicable law
- All legal relationships between the user and the purchaser are governed by the laws of the Federal Republic of Germany, excluding the conflict of laws and the provisions of the UN Convention on Contracts (CISG).
§ 9 Disclaimer
- ekugellager.de contains so-called external links to other websites on whose contents kugellager-online GmbH & Co. KG has no influence whatsoever. For this reason, kugellager-online GmbH & Co. KG accepts no liability or warranty for this content.
The relevant operator of the linked website is exclusively responsible for the content and accuracy of the information provided. No infringements of rights were known or discernible at the time(s) of linking. The relevant link will be removed immediately as soon as such infringements of rights become known.
§ 10 Severability clause
- If one of the above provisions should be invalid or inoperative, the validity of the other provisions is unaffected by this. The statutory succession applies instead of the invalid or inoperative provision.
(As of August 2018)