General Terms and Conditions
Section 1 Applicability
1. The following terms and conditions apply to the business relationships between the DruckVerlag Kettler GmbH (hereinafter "DruckVerlag Kettler) and the customer in the version valid at the time of the conclusion of the contract.
2. Terms and conditions of the customer deviating from our terms and conditions will not be accepted unless we have previously expressly agreed in writing to their validity in the individual case.
Section 2 Contract
1. The presentation of our product range does not constitute a binding offer within the meaning of Section 145 of the BGB.
2. If the customer submits an order by emailing us, that will constitute a binding offer to us to conclude a contract of sale. Upon receipt of confirmation, we shall send the customer an email confirming our receipt of the order and listing the details of the order (order confirmation). The order confirmation does not constitute acceptance of the offer of the customer but only receipt of the order.
3. The contract with us is concluded only if and when we accept the binding offer of the customer. The order is accepted when we dispatch the ordered goods to the customer. A separate declaration of acceptance to the customer is not required; the customer waives this within the meaning of Section 151, sentence 1 of the BGB. No contract is concluded to cover products from the same order that are not shipped to the customer. If we are unable to accept an offer from the customer we shall so inform the customer by email.
4. All goods are sold only in normal household quantities.
5. For orders valued at 100 euro or more we reserve the right to request advance payment in the amount of the order value. The same applies if the total of outstanding invoices for goods already sent to the customer equals or exceeds the sum of 100 euros at the time of a new order. The request for payment in advance will be made by email. In such cases, the order will be processed only upon receipt of payment.
Section 3 Cancellation
1. The customer is entitled to withdraw from the contract without giving reasons within 2 weeks after receipt of the goods. The declaration of cancellation can be made in text form (e.g. letter, fax, email) or by returning the goods to us. The cancellation is to be addressed to the DruckVerlag Kettler GmbH, Robert-Bosch-Straße 14, 59199 Bönen, Westphalia, Germany. The two-week period starts with receipt of this instruction, but not before receipt of the goods. Timely dispatch of the cancellation or the goods is sufficient to meet the deadline. The onus of proving that the goods to be returned have been shipped lies with the customer.
2. The customer shall bear the cost of return if the delivered goods are as ordered and the value of the order does not exceed an amount of € 40.00. The same applies in the case of a higher price of the goods if the customer has not yet made payment or partial payment at the time of cancellation. These provisions shall not apply if the goods delivered are not what the customer ordered or are defective.
3. In the event of a valid cancellation, the payments or goods received by both parties are to be restored and any profit drawn surrendered. The purchaser is obliged to return the goods. In the event that the customer cannot return the goods received in whole or in part or only in deteriorated condition, even if owing to the intended use, he/she shall be required to pay us compensation. This does not apply if the deterioration of the goods is due solely to their examination, as would have been possible, for example, in a retail shop. In such an event the customer is, however, obliged not to make use of the product as if he were its owner; he shall refrain from any actions that could reduce its value. The customer may open the packaging and browse through the goods, but must not make any further use of them beyond that. In the case of payments made abroad, the transfer fees shall be deducted from the purchase price to be refunded.
4. The right of cancellation is excluded in the legal cases cited in Section 312 d, para. 4 of the BGB. 4. The right to cancel under this Section 3 applies only to natural persons who conclude a contract for a purpose which can be attributed neither to their commercial nor their self-employed activity (consumers in the meaning of Section 13 of the BGB).
Section 4 Delivery, shipping costs
The ordered goods will be shipped at the expense of the purchaser. A lump sum charge of 3 euros will be levied on orders valued at less than 20.00 euros within Germany. Starting from an order value of 20 euros we deliver within Germany free of charge. For orders within Europe a flat rate of 9 euros is charged regardless of order value; for orders outside Europe the fee is 25 euros regardless of the purchase amount. The above rates apply per order; any subsequent deliveries as part of the same order are made at our expense.
Section 5 Retention of title
The goods delivered remain our property until we receive all payments resulting from the contract of sale. The customer is required to inform us immediately and in writing of all access to the goods by third parties, in particular of enforcement measures, as well as other adverse effects on our property. The customer shall reimburse us for all damages and costs resulting from a violation of the aforementioned obligation.
Section 6 Maturity, payment
1. We accept only the payment methods indicated to the customer during the ordering process.
2. The purchase price and any shipping costs (Section 4.4) are due subject to the provisions in Section 2.5 within 14 days after receipt of the invoice. If the customer is in default of payment, we are entitled to charge interest on arrears in the statutory amount (Section 288 BGB) above the base rate published by the European Central Bank. If we demonstrably suffer greater damage owing to the delay in payment we are entitled to assert a correspondingly higher claim.
Section 7 Set-off, retention
1. The customer is only entitled to set-off if and to the extent that his counterclaims are legally established or undisputed or acknowledged by us.
2. The customer is authorised to exercise a lien only to the extent that his counterclaim is based on the same contract.
Section 8 Warranty, liability
1. We are liable solely for defects that already existed at the time of delivery of the goods for a period of twenty-four months, unless the following provisions exclude liability.
2. Liability for defects is excluded if the customer does not report obvious defects within a period of two weeks after receipt of the goods; hidden defects are to be reported within a period of two weeks after their discovery and at the latest within 2 years after delivery of the goods. Timely dispatch of the goods is sufficient to meet the deadline. In the event of a defect, we shall eliminate the defect or deliver a defect-free item as the customer chooses.
3. Defects in a part of the delivered goods do not justify refusal of the entire delivery unless the partial delivery is demonstrably without interest for the customer.
4. Liability is excluded for defects that do not affect or only marginally affect the serviceability of the goods.
5. In the event that the elimination of defects or replacement delivery fails or is not possible or is unreasonably delayed for reasons for which we are answerable, the customer has the right to withdraw from the contract or to demand a reduction of the purchase price.
6. Claims of the customer going beyond items 1-3, regardless of the legal grounds, are excluded. We are therefore not liable for damage not caused to the delivered goods themselves, and in particular for loss of profit or for other not typical or foreseeable financial losses of the customer. There is unlimited liability only in the case of damage caused with intent and by gross negligence, fraudulent concealment of defects, assumption of an explicit quality guarantee or physical injury. We shall be liable for other damages caused by simple negligence only to the extent that an obligation has been violated the fulfillment of which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). Claims of the purchaser under the Product Liability Act shall remain unaffected.
Section 9 Data protection
We undertake to handle the personal data of the customer confidentially in accordance with the relevant provisions of the Federal Data Protection Act (BDSG) and the telecommunications laws. The data received from the customer will be recorded, processed, and used for the purpose of fulfilment of the contract. In addition, we use parts of the data communicated by the customer (title, name, email address) for purposes of direct marketing of our own goods, unless the customer objects to such use upon notification or later. In cases where we make delivery before payment we reserve the right to provide the data required for a credit check to InFoScore. Apart from that we use the information received exclusively for contractual purposes.
Section 10 Final provisions
1. Changes or additions to these terms and conditions must be made in writing. This also applies to the waiver of this written form requirement.
2. The law of the Federal Republic of Germany shall apply exclusively. The applicability of the Uniform Law on the International Sale of Goods as well as of the Law on the Conclusion of International Sales Contracts for Movable Goods (CISG) is excluded.
3. In business transactions with merchants and legal persons under public law, Hamm (AG) and Dortmund (LG) are deemed to be agreed as the place of fulfilment and place of jurisdiction for all legal disputes resulting from this contract, including actions relating to bills of exchange and cheques. This place of jurisdiction also applies in the case of a customer who is not a registered trader and has no general place of jurisdiction in the Federal Republic of Germany, or who has moved his place of residence or habitual abode from this area after conclusion of the contract or whose place of residence or habitual abode is not known at the time when the judicial claim is lodged.
4. Should individual provisions of the contract for delivery or of these terms and conditions become void, the remaining provisions shall not be affected. In such a case, the contracting parties shall consensually replace the invalid provision with a valid provision that comes closest to the economic purpose pursued by the invalid provision.