§1 Scope of Application and Definition of Terms
(1) The following general terms and conditions apply to all business relations between us and the customer in the version as applicable at the time an order is placed.
(2) "Consumers" within the meaning of these general terms and conditions are individual persons entering into business relations with us for any purpose not predominantly attributable to their trade, business or profession (Section 13 German Civil Code).
(3) "Entrepreneur" within the meaning of these general terms and conditions are individuals or legal entities or partnerships with legal capacity entering into business relations with us and acting in exercise of their trade, business or profession (Section 14 German Civil Code). Provided entrepreneurs do not act in exercise of their trade, business or profession, they will also benefit from consumer rights. They are considered consumers within the meaning of these general terms and conditions.
(4) "Customers" within the meaning of these general terms and conditions relates to both consumers and entrepreneurs.
(5) No deviating, contradictory or supplementary general terms and conditions of entrepreneurs, - even where known - will become contractual components, unless their applicability was expressly consented to in writing.
§2 Conclusion of a Contract, Storing the Text of the Contract
(1) The following regulations on the conclusion of a contract apply to orders via our internet shop.
(2) When entering into the contract, the contract is concluded with KW automotive GmbH legally represented by the managing directors Klaus Wohlfahrth, Jürgen Wohlfarth
Register number: HRB 571255
Registration Court: Local Court Stuttgart.
(3) The presentation of the goods in our Internet shop (not on ebay) does not constitute any legally binding offer of a contract on our part, but merely a non-binding invitation to the customer to order goods. Upon ordering the desired goods, the customer submits an offer for the conclusion of a purchase contract binding on him.
(4) Upon receipt of any order in our Internet shop (not ebay), the following regulations shall apply: The customer submits a binding offer to enter into a contract by successfully passing through the order procedure provided for in our internet shop. The order is placed by the following steps: 1. Selection of the desired goods 2. Confirmation by pressing the button "add to basket" (symbol shopping cart/basket) 3. Review of items in the shopping basket 4. Confirmation of button "proceed to checkout" 5. Entry of applicant's information (address, telephone number and email address) 6. Selection of the payment method 7. Noting the GTC and Revocation Right Instructions 8. Sending the order with binding effect by clicking the "purchase" button. Before sending the order with binding effect and after review of his statements the customer can return to the Internet page where he entered his details by pressing the "return" button contained in the internet browser he uses, and may then correct any entry errors or break off the order action by closing the internet browser. We immediately confirm receipt of the order by an automatically generated email. This confirmation does not yet constitute an acceptance of the offer. The offer is accepted in writing, in text form or by delivery of the ordered goods.
(5) In the case of an order placed via our Internet shop (not ebay), we will be entitled to accept the customer's offer to enter into a contract either in writing or in text form or by delivering the ordered goods within one week. After unsuccessful expiry of the period set forth in sentence 1, the offer is deemed rejected.
(6) Storage of the text of the contract in case of orders placed via our Internet shop (not ebay): We store the text of the contract and send you the order details and our general terms and conditions (GTC) by email. You can also view our GTC at any time at www.kwshop.de. For security reasons, your order data are no longer accessible on the Internet.
§3 Prices, Costs of Delivery, Payment, Due Date
(1) The stated prices include the statutory value added tax and other price components. Shipping costs, if any required, and the costs of cash on delivery are to be added.
(2) The Customer can pay in advance (remittance), by PayPal, credit card or by cash on delivery. Payment by cash on delivery is possible only upon delivery within the Federal Republic of Germany. As a protection against the credit risk, we reserve the right to process the requested order only with advance payment.
(3) If the customer has chosen payment in advance or by PayPal, he undertakes to pay the purchase price without undue delay after the conclusion of the contract. As far as we deliver for cash on delivery, the purchase price claim is due upon receipt of the goods.
(4) During any default in payment, the entrepreneur has to pay interest of 9 % above the base rate on the amount owed. With regard to the entrepreneur, we reserve the right to prove and assert higher interest rate based on other legal grounds.
(5) The entrepreneur is entitled to apply set-off only if his counterclaims are undisputed or have been established by non-appealable judgment. This does not affect any warranty claims of the entrepreneur.
§4 Delivery, Passing of Risk
(1) Unless expressly stated otherwise in the product specifications, all articles offered by us are ready for shipping within 5 days after the conclusion of the contract.
(2) If the customer has chosen payment in advance or by PayPal, we will not ship the goods before receipt of payment.
(3) If the purchaser is a consumer, the risk of accidental loss and accidental deterioration of the item sold will also in case of a sale to destination pass to the purchaser only when the item is handed over to him.
(4) If the purchaser is an entrepreneur, the risk and danger of shipping will pass as soon as the goods have been handed over to the logistics cooperation partner we commissioned.
(5) If the customer is an entrepreneur, we reserve the right to determine a new reasonable delivery period after prompt notification of the customer in the case that we cannot comply with a delivery period for reasons for which we are not responsible. If the ordered article is unavailable also within this new delivery period, we will be entitled to withdraw from the contract. Any consideration already paid will be reimbursed without undue delay.
§5 Retention of Title
(1) If the customer is a consumer, we retain title to the goods until full payment of the purchase price.
(2) If the customer is an entrepreneur, we retain title to the goods until full payment of all receivables under the ongoing business relationship. If the value of the retained goods exceeds the receivables under the ongoing business relationship by 10%, we will insofar be obliged to release the retained goods.
(3) If the customer is an entrepreneur, he is entitled to resell the goods in the ordinary course of business. The entrepreneur already here and now assigns to us all claims against a third party accruing to it from the resale, in the amount invoiced. We accept this assignment. After the assignment, the entrepreneur is entitled to collect the receivables. We reserve the right to collect the receivables ourselves as soon as the entrepreneur does not duly comply with its payment obligations and enters into default. The treatment and processing of the goods by the entrepreneur will at all times be on our behalf. If the goods are processed by the entrepreneur, we will acquire co-ownership in the new object in proportion to the value of the goods we delivered. The same applies if entrepreneurs process or mix the goods with other items not belonging to us.
(1) In the case of consumers, the statutory warranty regulations apply.
(2) In the case of consumers, claims for damages for injury to life, body or health or based on the German Product Liability Act shall also remain unaffected. The same applies to any breach of duty on the part of our vicarious agents.
(3) In the case of entrepreneurs, warranty claims other than for damages shall become statute-barred one year from delivery of the goods. The statutory limitation periods for recourse claims of the entrepreneur according to Section 478 German Civil Code remain unaffected thereby.
§7 Limitation of Liability
We exclude liability for any damage caused by slight negligence, unless these result from a breach of essential contractual obligations whose proper fulfilment enables the performance of the contract in the first place and in respect of which the purchaser may regularly expect compliance, which relate to guarantees on the quality of the purchase object, or damage resulting from an injury to life, body or health, or refer to claims under the Product Liability Act. The same applies to any breach of duty on the part of our vicarious agents. If any essential contractual obligation is breached liability shall in case of slight negligence be limited to the damage typically associated with the contract and foreseeable.
§8 Contractual regulation regarding the costs of return upon revocation
If you exercise your revocation right, then the agreement shall apply, according to which you will have to bear the regular costs of return.
§9 Contract Language, Choice of Law and Place of Jurisdiction
(1) The exclusive contract language is German.
(2) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on the International Sale of Goods (CISG). With regard to consumers who do not enter into the contract for any professional or commercial purposes, this choice of law applies only to the extent that the consumer is not deprived of the protection granted by the mandatory laws of the state in which the consumer has its habitual place of residence.
(3) If the customer is a merchant, a legal person under public law, or a separate estate under public law, the competent court at our registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract.
§10 Customer Service
Our customer service will be pleased to assist you with any questions, complaints and objections on each working day from 08:00 to 12:30 hours and from 13:30 to 17:00 hours, as follows:
Telefon: +49 (0) 7971 - 9630 – 180
Telefax: +49 (0) 7971 - 9630 – 191
§11 Dispute settlement procedure
We do not participate in dispute resolution proceedings before a consumer arbitration board.
KW automotive GmbH
Telefon: Telefon: +49 (0) 7971 - 9630 – 180
Telefax: +49 (0) 7971 - 9630 – 191
Fichtenberg, the 31.01.2017
KW automotive GmbH