General terms and conditions of business
Note: These terms and conditions apply only to transactions in the online shop of www.kuhn-energy.com within Germany!
- §1. Usage Agreement
- §2. Conclusion of Contract
- §3. Prices and Payment Terms
- §4. Delivery and Shipping Conditions
- §5. Retention of Title
- §6. Liability for Defects
- §7. Liability
- §8. Applicable Law, Jurisdiction, Contract Language
- §9 Further Information
§1 Usage Agreement
These terms and conditions of Konstruktionsbüro Kuhn (hereinafter referred to as "Seller") apply in their currently valid version to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
§2 Conclusion of Contract
(1) The presentation of the products offered in the seller's online shop does not constitute a legally binding offer to conclude a purchase agreement! Rather, it is a non-binding invitation to submit offers to conclude a contract. Changes to the product descriptions and errors are reserved.
(2) The customer may submit the offer via the online order form integrated into the seller's online shop. After entering his personal data and clicking the button that completes the order process, the customer submits a legally binding offer to purchase the goods contained in the shopping cart.
(3) The seller may accept the customer's offer within 5 days by sending the customer an order confirmation, delivering the ordered goods to the customer, or requesting payment from the customer. The seller is entitled to refuse acceptance of the order.
(4) Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.
(5) In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the payment will be refunded immediately.
(6) The language of the contract is German
(7) The contract terms are set out in the order confirmation. The seller stores the contract terms, and they cannot be viewed again.
(8) If the customer is a business, the seller reserves the right to sell the goods to another party before the customer is sold.
§3 Prices and Payment Terms
(1) The prices quoted by the seller are final prices and include statutory VAT. Shipping costs are calculated and displayed in the online shop. The shipping rates are listed at www.kuhn-energy.com/shippingcosts.
(2) The customer has various payment options available, which are specified in the seller's online shop. The customer can choose to pay by prepayment or PayPal.
(3) If advance payment is agreed, payment is due immediately upon conclusion of the contract.
(4) The customer is not entitled to offset any claims against the seller unless the customer's counterclaims have been legally established or are undisputed.
(5) The customer may only exercise a right of retention if the customer’s counterclaim arises from the same purchase contract.
§4 Delivery and Shipping Conditions
(1) The seller is entitled to make partial deliveries insofar as this is reasonable for the customer. If the seller sends the goods in partial deliveries without the customer requesting this, the seller will not charge any additional shipping costs for these additional deliveries.
(2) If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. The customer shall bear the direct costs of returning the goods.
(3) The delivery period begins upon receipt of payment (purchase price plus VAT and shipping costs). The customer will be notified immediately of any delivery delays. The seller is not responsible for any delays caused by the transport company. The seller is only responsible for the proper and timely handover of the goods to the transport company.
(4) Delivery is subject to availability from the seller. The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.
(5) If the customer is a consumer, the seller requests that the customer inspect the goods for transport damage immediately upon receipt!
(6) Self-collection is not possible for logistical reasons.
§5 Retention of Title
(1) The goods remain the property of the seller until full payment has been received.
(2) As an entrepreneur, the customer is entitled to resell the goods in the ordinary course of business. The seller retains title to the delivered goods until all claims arising from the ongoing business relationship have been settled in full.
§6 Liability for Defects
If the purchased item is defective, the statutory provisions apply. However, the following applies to items that have not been used in accordance with their usual purpose for a building and have caused its defectiveness:
(1) For entrepreneurs
a) The limitation period does not restart if a replacement delivery is made under the warranty for defects.
b) In the case of used goods, rights and claims due to defects are generally excluded.
c) For new goods, the limitation period for defects is one year from the transfer of risk.
d) the seller has the choice of subsequent performance
e) An insignificant defect does not, in principle, give rise to any claims for defects.
(2) For consumers, the limitation period for claims based on defects shall be
a) for used goods, one year from delivery of the goods to the customer.
b) 2 years for new goods from the date of delivery to the customer
(3) For entrepreneurs and consumers, the above limitations of liability and limitation periods in Section 7 (1) and Section 7 (2) do not apply to claims for damages and reimbursement of expenses which the buyer may assert under the statutory provisions due to defects in accordance with clause 8.
(4) Furthermore, for businesses, the statutory limitation periods for the right of recourse under Section 478 of the German Civil Code (BGB) remain unaffected. The same applies to businesses and consumers in cases of intentional breach of duty and fraudulent concealment of a defect.
(5) If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.
(6) If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller. Failure to do so will not affect their statutory or contractual warranty rights.
(7) If the remedy for a defect is provided by way of replacement delivery, the customer is obliged to return the originally delivered goods to the seller at the seller's expense within 30 days. The return of the defective goods must be carried out in accordance with the statutory provisions.
§7 Liability
The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
(1) The seller shall be fully liable for any legal reason
a) due to mandatory liability, such as under the Product Liability Act,
b) based on a guarantee promise, unless otherwise stipulated,
c) in the event of negligent or intentional injury to life, body or health,
d) in cases of intent or gross negligence.
(2) If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies pursuant to Section 7 (1). Material contractual obligations are those obligations that the contract imposes on the seller according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely.
(3) Furthermore, the seller's liability is excluded.
(4) The foregoing liability provisions shall also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
§8 Applicable Law, Jurisdiction, Contract Language
(1) If the customer is an entrepreneur, the place of performance for all mutual obligations arising from the contract is Brohm
(2) German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes shall be Neubrandenburg. The seller is also entitled to bring legal action at the customer's place of business. Mandatory statutory provisions regarding exclusive places of jurisdiction remain unaffected by this provision.
(4) The seller is neither willing nor obligated to participate in consumer dispute resolution proceedings. However, in the event of any disagreements arising from the contract between the seller and the customer, the seller will always aim to resolve these directly, quickly, and amicably.
(5) Should individual provisions of these Terms and Conditions be wholly or partially invalid, the validity of the remaining provisions shall not be affected.
§9 Further Information
(1) Information on the identity of the seller
Kuhn Engineering Office
Dipl.-Ing. Thomas Kuhn
Gartenweg 20
17098 Brohm
Germany
Tel.: 49 173 9740288E-Mail: info@kuhn-energy.com
(2) Information on the processing of the customer's personal data can be viewed at the following link: www.kuhn-energy.com/Datenschutz
