General Terms and Conditions of Kuhne electronic GmbH1. Scope of Application
The following terms apply for all contracts, deliveries, and other services of Kuhne electronic GmbH and the customer.
Customers in the sense of these terms are private customers (consumer customers) as well as business customers.
Private customer (consumer customer) is an individual which enters into a legal engagement with purpose that is not predominantly attributed to its business or self-employed activities.
Business customer is each individual or legal entity which, while entering into a legal transaction, acts within its business or self-employed activity.
2. Conclusion of Contract
Contract language is German, execution is done via electronic communication devices.
All product displays von Kuene electronic GmbH are non- obliagatory and serve only for binding offering of customer.
By placing an order via order form customer enters into a binding offer for a purchase contract concerning goods ordered vis à vis Kuhne electronic GmbH. Placement of order is concluded after entering personal data by clicking “ORDER” button and encompasses all articles being in the shopping cart at this point of time.
In course of ordering process, and until final transaction, customer is at any time able to correct his mouse and keyboard inserts. Before binding legal transaction, a summarization of all data inserted will once more be given.
Contract is, upon our decision, concluded by sending an order confirmation immediately after receipt of offer.
Customer order data are stored by Kuhne electronic GmbH for purpose of order execution. The data are re-delivered with order confirmation along with all contractual terms and are no more available when delivered. On demand of customer, they will be made available again, however. During order procedure until final transaction, customer has always the possibility to store or print data.
3. Information on Revocation for Private Customers (Consumer Customers)
3.1. Right of Revocation
You are entitled to revoke this contract/order within 14 days without giving reasons.
The timespan is 14 days from the day on when you or a by you authorized person not a being a delivering body has taken possession of goods.
To execute this revocation right, you have to inform us (Kuhne electronic GmbH, Scheinbenacker 3, D-95180 Berg, Tel.: +49 9293/800640, Fax:+49 9293/8006420, e-mail: email@example.com) through a destinct declaration (e.g. a letter per (land)mail,a fax, or an e-mail) about your decision to revoke the contract/order. You could use the attached sample form but you are not obliged to.
For to observe the time limit it suffices the declaration to be sent before time limit has elapsed.
Consequences of Revocation
If you have revoked the contract/order, we have to reimburse you all payments that we received from you on revoked order incl. delivery cost (excl. additional cost that incurred because you chose a delivery apart from the cheapest delivery offered by us) immediately, latest 14 days after reception date of revocal. For this transfer we use same way of payment as you for original transaction if not explicitly otherwise agreed. In no case we will charge you any fees for transaction. We are entitled to retain payment until we will have received goods or we have documents that show that you send goods back whichever comes first.
You have to resend/hand over goods immediately after the revocation, 14 days thereafter the latest. Timespan is observed if you have commenced shipment of goods. You have to carry the immediate cost of resending goods.
A loss in value you have only to carry if it is due to handling which outperforms inspecting consistance,characteristics, function of goods.
End of Information
4. Prices and Payment
The prices are gross prices in EURO (incl. V.A.T.). Charges for shipping and sender´s cost for collect on delivery are not contained. These cost are mentioned separately on respective presentation on goods.
We offer delivery against prepayment by bank transfer, invoice, credit card, and collect on delivery.
In cases of delivery against prepayment invoice total is due immediately after conclusion of contract.
Information on delivery and availability are part of article presentation.
For deliveries against prepayment, delivery period starts one day after payment order placed to payment - executing bank institiute, for all other deliveries the day after final transaction, and ends last day of delivery period in article presentation.
In case last day is a Saturday, Sunday , or an accepted holiday on place of delivery, period ends following working day.
6. Reservation of Proprietary Rights
The proprietary rights of all goods delivered stay until full payment with Kuhne electronic GmbH.
As far as buyer does not act as consumer (§ 13 German BGB), the following additionally applies :
Customer is entitled to resell goods to third parties in regular business nonwithstanding of proprietary rights of seller. In these cases, customer transfers title and gross amount for goods to us in advance to secure payment which we accept.
Customer is entitled to collect claim in his own name.We agree to not being entitled to collect claim as long as customer´s payment is not overdue, and no insolvency or other default on his payment ability exists.
In above mentioned cases we are entitled to request that customer reveals claims concerned and also debtors, further all data necessary to collect claim, hands over all documents, and discloses transfer to third party. In cases where our securities exceed our claims over 10%, we are obliged to clear securities upon our choice respectively.
7. Information on Warranty for Defects
German legal regulations apply.
For deliveries after May 1st 2017, Kuhne electronics grants a 36-month warranty. The warranty period commences on the day of delivery.
8. Final Clauses
Any legal relations are subject to German law only. The German version of AGB (General Terms and Conditions) shall prevail the English version.
If customer is businessman (also corporate body under civil law), a corporate body organized under public law, or public Special Fund, exclusive venue will be place of business of Kuhne electronic GmbH. Same will apply if customer is without place of general jurisdiction in Germany or in EU, or place of general jurisdiction or main residence is or becomes unknown at date of commencement of suit.
9. Information zur Online-Streitbeilegung nach Art. 14 der EU Verordnung Nr. 524/2013:
Die EU-Kommission stellt eine Plattform zur Online-Beilegung von verbraucherrechtlichen Streitigkeiten, die sich aus dem Onlineverkauf von Waren oder der Onlineerbringung von Dienstleistungen an Verbraucher ergeben (OS-Plattform), bereit. Die OS-Plattform ist unter folgendem Link erreichbar: https://webgate.ec.europa.eu/odr.
Unsere E-Mai-Adresse lautet: firstname.lastname@example.org
9.1 Information gem. § 36 VSBG:
Wir sind zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle weder verpflichtet, noch bereit.