General Terms and Conditions kugellager-online GmbH & Co. KG
§ 1 Scope
- These Terms and Conditions shall apply to all contracts between the Seller (kugellager-online GmbH & Co. KG) and the Buyer (customer).
- These Terms and Conditions shall apply exclusively for the contractual relationships between the Seller and the Buyer. Using the Buyer’s General Terms and Conditions/Conditions of Purchase is expressly prohibited. These are not part of the contract unless the Seller expressly agrees to a derogation in writing.
§ 2 Conclusion of the contract
- The Seller’s offers are intended solely for business owners for the purpose of acquiring goods for their independent, professional or commercial activities.
- The contract shall be concluded when the Buyer has made their order for goods and the Seller has accepted the order by dispatching the merchandise.
- The Buyer is entitled to return unused items in their original packaging within 30 days of shipment date. This does not apply to the products that are not in stock or must be purchased separately, as well as to those ones that must be adjusted according to the customer's requirements. For returns over €200, a restocking fee in the amount of 10% of the value of the goods will be charged. A return form must be requested from the Seller’s customer service department prior to all returns. The Buyer shall bear any shipping costs that arise when returning items in their original packaging.
- Partial deliveries are permitted insofar as this is reasonable for the Buyer and no disadvantages for use shall arise therefrom.
§ 3 Prices and payment terms
- Prices are based on the Seller’s price list which can be seen online. Prices are net prices in Euro, plus VAT applicable at the time of delivery.
- Shipping prices are determined by the Seller’s current table of shipping costs. They include freight and repackaging costs. The choice of transport company and shipment method is at the reasonable discretion of the Seller.
- Invoices are payable 30 days from the date of invoice. A cash discount of 2% shall be granted for payments made within 10 days of the invoice date.
- If the Buyer defaults on payment, the Seller shall charge default interest of 8% above the base rate published by the German Federal Bank from the date the default occurred.
- On the day of default in payment for one invoice, all of the Buyer’s other invoices shall be due for immediate payment.
§ 4 Transfer of risk, delay in acceptance by creditor
- The risk of accidental loss or accidental damage shall pass to the Buyer once the purchase has left the Seller’s company address.
- The Buyer is obliged to accept the purchased item. If the Buyer refuses to accept the purchased item, after granting a grace period the Seller has the right to withdraw from the contract and to claim for damages for non-performance.
§ 5 Requirement to give notice of defects
- The Buyer is obliged to check the purchased item immediately, at the latest within three days of receipt of delivery, and is obliged to notify the Seller of any obvious defects or any defects identified during the examination.
- If the Buyer fails to indicate any obvious defects or any defects identified during the examination, the goods shall be deemed approved. Warranty claims cannot be made in this case.
- Should any non-obvious defects or defects that were not detected during examination be identified later, the Buyer is obligated to notify the Seller of the defect within 3 days of discovery. If the Buyer fails to do so, the goods shall be deemed approved in spite of this defect.
- Any damage resulting from shipping must be reported to the carrier or forwarding agent immediately and are to be recorded in writing on the shipping documents. If the Buyer fails to do so, the goods shall be deemed approved in spite of this defect.
§ 6 Warranty
- We are fully liable for the actions of our legal representatives and vicarious agents in the event of gross negligence and malicious intent; in the event of minor negligence we are only liable for breach of essential contractual obligations and only to the amount of typical foreseeable damage.
- The restrictions included in Section 1 shall not apply for claims for compensation for injury to life, limb or health.
§ 7 Place of performance and jurisdiction
- Place of performance is the Seller’s headquarters in Mettmann.
- For all disputes arising from the contractual relationship, proceedings must be brought before the court responsible for the Seller’s company address if the Buyer is a merchant, a legal entity under public law or a special fund under public law.
- We don´t take part in a dispute settlement procedure of a consumer arbitration agency. You can find more information on the online-dispute resolution-portal of the European Union at http://ec.europa.eu/consumers/odr/.
§ 8 Applicable law
- The laws of the Federal Republic of Germany, with the exclusion of the UN Convention on the International Sale of Goods, shall apply for all legal relationships between the Seller and the Buyer.
§ 9 Severability clause
- Should any of the provisions above be void or ineffective, this shall in no way affect the validity of the remaining provisions. The statutory enforcing measure shall supersede the void or ineffective provision.
In spite of careful content control, we assume no liability for the content of external links. Responsibility for the content of linked sites rests solely with their operators.
(Revised March 2017)