As of: May 2015
General Terms and Conditions of Kramski Putter GmbH
1. Application of General Terms and Conditions
Our General Terms and Conditions apply to all contracts concluded by a consumer or entrepreneur (hereinafter "customer") with us as a seller with respect to the goods and/or services offered by us. Any general terms and conditions of the customer shall not apply.
2. Contract processing Shop
2.1 Our product descriptions do not constitute binding offers but are only used for the submission of a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the online shop of the seller. After having placed the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contract offer with respect to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. The customer may also submit his offer to us by phone, fax, e-mail or postal form.
2.3 The seller may accept the customer's offer within five working days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), wherein that the receipt of the order confirmation by the customer is decisive, or
- by supplying the ordered goods to the customer, in so far as the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If several of the above alternatives are available, the contract shall be concluded at the time when one of the above alternatives first occurs. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 The period for acceptance of the offer begins to run on the day after the customer has sent the offer and ends at the end of the fifth working day, which follows the sending of the offer.
2 5 When submitting an offer via the seller's online order form, the contract text is stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with the corresponding GTC after the completion of the order. In addition, the text of the contract is archived on the Seller's website.
2.6 Before the order is submitted via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries before the binding submission of the order are displayed again in a confirmation window and can also be corrected there by means of the usual keyboard and mouse functions.
2.7 Only the German and English language is available for the conclusion of the contract.
2.8 The order processing and contact ingestion usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by the seller responsible for the order processing can be delivered.
3. Right of Withdrawal
Consumers are entitled to a right of withdrawal in accordance with the conditions mentioned in our withdrawal instructions, whereby the consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to their commercial or independent professional activity. The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated, for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
4. Prices and terms of payment
4.1 Unless otherwise stated in the seller's offer, the prices quoted are final prices which include the statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. This includes, for example, the cost of transferring money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
4.3 The customer has at his disposal various payment options, which are indicated in the seller's online shop.
4.4 If advance payment is agreed, payment is due immediately after conclusion of the contract. 4.5 If the payment method is made on account, the purchase price must be paid within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to carry out a credit check on behalf of the seller when selecting the payment method delivery on account and to reject this payment method in case of negative credit check. 3 4.6 If the payment method is made delivery on account, the purchase price becomes due after the goods have been delivered and invoiced.
5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing shall prevail.
5.2 If the transport company sends the shipped goods back to the seller, since delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the cause which has led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had informed him of the service in advance.
5.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods shall be transferred with the handover to the customer or a person entitled to receive it.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect selfdelivery. This applies only in the event that the seller is not responsible for the non-delivery and the seller has concluded a concrete cover transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of unavailability or partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 In case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer can collect the goods at the seller's registered office after consultation with the seller. In this case, no shipping costs will be charged.
6. Retention of title
6.1 The seller reserves the right of ownership of the delivered goods until the receipt of full payment of the purchase price by the consumers.
6.2 The seller reserves the right to ownership of the delivered goods to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the goods subject to retention of title in the proper course of business. All resulting claims against third parties shall be made by the customer in advance to the seller in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. This does not affect the seller's authority to collect the claims himself. However, the seller will not recover the claims as long as the customer fulfils his payment obligations towards the seller, does not default on payment and no application has been made for the opening of insolvency proceedings.
7. Liability for material defects
If there is a defect in the purchased item, the statutory provisions apply. This shall be different for items which have not been used in accordance with their usual use for a building and have caused its defectiveness:
7.1 For Entrepreneurs
- in principle, an insignificant defect does not give rise to any claims for defects,
- the seller has the choice of the type of subsequent performance,
- in the case of new goods, the limitation period for defects is one year from the transfer of risk.
- in the case of used goods, the rights and claims due to defects are generally excluded.
- the limitation period does not start again if a replacement delivery takes place within the scope of the liability for defects.
7.2 For consumers, the limitation period for claims for defects is
- in the case of new goods, two years from delivery of the goods to the customer.
- in the case of used goods one year from delivery of the goods to the customer, with the restriction of clause 7.3.
7.3 For traders and consumers, the above limitations on liability and limitation periods in clause 7.1 and 7.2 do not relate to claims for damages and reimbursement of expenses, which the buyer can assert in accordance with the statutory provisions for defects in accordance with clause 8.
7.4 In addition, the statutory limitation periods for the right of recourse pursuant to Section 478 of the German Civil Code (BGB) shall remain unaffected. The same applies to the trader and the consumer in the event of intentional breach of duty and fraudulent concealment of a defect.
7.5 If the customer acts as a merchant in accordance with Section 1 of the German Commercial Code, the commercial obligation to investigate and complain in accordance with Section 377 of the German Commercial Code (HGB) shall apply to him. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the delivery company about the delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
7.7 If the subsequent performance is carried out by means of the replacement delivery, the customer is obliged to return the first delivered goods to the seller within 30 days at the seller's expense. The return of the defective goods must be carried out in accordance with the statutory provisions.
The seller shall be liable to the customer for all contractual, quasi-contractual and statutory, also tortious claims for compensation for damages and expenses as follows:
The seller shall be liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of negligent or intentional injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise stipulated in this respect,
- due to mandatory liability, such as under the Product Liability Act.
If the seller negligently violates an essential contractual obligation, the liability is limited to the foreseeable damage typical of the contract, unless the above is held as a limit. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely. In addition, liability of the seller is excluded. The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
9. Applicable law, place of jurisdiction
All legal relations of the parties, the law of the Federal Republic of Germany applies to the exclusion of the UN Sales Law (Law on the International Purchase of Movable Goods). In the case of consumers, this choice of law applies only to the extent that the protection afforded is not deprived by mandatory provisions of the law of the country in which the consumer is habitually resident. If the customer acts as a merchant, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, in the above cases, the Seller is entitled in any case to appeal to the court at the customer's registered office.