These are the terms and conditions which apply to the purchase contracts concluded between the
K-meral KG, Caldenhofer Weg 79 - 81 in 59063 Hamm - referred to as 'the supplier' in the following -
and
the customers as mentioned in §2 of the contract - referred to as 'the customer' in the following.
§ 1 Scope of Contract, Terminology
(1) Only the Terms and Conditions in force at the time of ordering apply to the business relationship between the supplier and the customer. Any provisions of the customer deviating from these Terms and Conditions shall not be accepted unless the supplier expressly agrees to these in writing.
(2) The customer shall be deemed a consumer unless the purpose of the ordered deliveries and performances cannot be attributed to their either commercial or self-employed professional occupation. However, an entrepreneur is any natural person or legal entity or partnership with legal capacity to act as such which carries out any commercial or autonomous professional activity at the time of entering the contract.
§ 2 Conclusion of Contract
(1) The customer is free to choose items from the supplier's product range. These items are particularly lamps. The chosen products can be added to a so-called shopping cart by pressing the button 'Add to Shopping Cart'. There the customer may collect their items. Clicking the 'Send Order' button constitutes a legally binding application for the purchase of the goods in the shopping cart. The customer can change or review the data at all times prior to submitting the order. However, the application can only be submitted and forwarded if the customer presses the 'Accept Terms and Conditions' button, thus accepting these terms and conditions and including them to his application.
(2) The supplier will then send an automatic acknowledgement of receipt via email to the customer. The customer's order will be listed once more in this acknowledgement, giving the customer the possibility of using the 'Print' function to print the acknowledgement. This automatic acknowledgement of receipt only records the entrance of the order with the supplier and it does not confirm acceptance of the application. To conclude and establish the contract, it is necessary that the supplier makes a declaration of acceptance which will be sent with a separate email.
§ 3 Delivery, Availability of Goods
If the product chosen by the customer is not available at the time of ordering, the customer will be informed about this in the supplier's order confirmation. If the article is permanently out of stock, the supplier will refrain from a declaration of acceptance. In this case no contract will be concluded.
§ 4 Retention of Title
Delivered items remain supplier's property until payment in full has been made.
§ 5 Prices and Delivery Costs
(1) All prices specified on the supplier's web page are inclusive of turnover tax at the respectively applicable rate required by law.
(2) The corresponding delivery costs will be shown to the customer in the order form and these shall be borne by the customer. For any orders exceeding 20 EUR the supplier delivers the goods free of shipping costs.
(3) Goods will be delivered by post (DHL) or via some forwarding company.
§ 6 Payment Options
(1) The customer is free to do the payment by direct debit, by cash on delivery or by invoice at the time when the article is ready to be delivered.
(2) The customer can change the payment type as stored in their user account at any time.
(3) The payment of the purchase price is due depending on the payment type chosen at the time of ordering.
(4) The customer's obligation to pay interest for delay does not exclude an assertion of further damage due to delay pushed through by the supplier.
§ 7 Warranty of Defects as to Quality, Guarantee
(1) The supplier will be liable for defects as to quality following the legally applicable regulations for such cases, in particular §§ 434 ff German Civil Code (BGB). The seller's warranties on goods delivered by the supplier in relation to entrepreneurs are twelve months.
(2) Only if stated expressly with the respective item in the order confirmation, a guarantee does exist for goods delivered by the supplier.
§ 8 Liability
(1) The customer is not entitled to compensation for damages. Excluded are claims for damages by the customer put forward on account of injury to life or limb, damages to health or any breach of fundamental contractual obligations (cardinal obligations). Also excluded is the liability for other damages based on deliberate or gross negligence by the supplier, its legal representatives or vicarious agents. Fundamental contractual obligations are those necessary to achieve the objective of the contract.
(2) In the event of a breach of substantial contractual obligations the supplier is only liable for a contract-typical, predictable damage if this is caused due to gross negligence unless the customer's claim for damages is based on injury to life or limb or health.
(3) The restrictions as mentioned in paragraphs 1 and 2 also apply for the benefit of the supplier's legal representatives and vicarious agents if claims are directly made against these.
(4) The regulations of the Product Liability Act shall remain unaffected.
§ 9 Consumer's Right of Revocation
(1) If the customer is a consumer and the signed contract with the supplier results from exclusive use of telecommunication channels, in particular by telephone, email, fax or via the supplier's web page, they shall be entitled to withdraw, within two weeks, their declaration of intent aimed at the conclusion of a contract without giving any reasons. The period shall commence at the earliest the day after the goods have been received if at that time the customer already has this revocation instruction in text form and not before we have fulfilled our information duties according to §312c sec. 2 German Civil Code (BGB) in conjunction with § 1 sec. 1, 2 and 4 BGB-InfoV as well as our duties according to § 312e sec. 1 clause 1 German Civil Code (BGB) in conjunction with § 3 BGB-InfoV. The revocation takes place either by returning the goods to K-meral KG, Caldenhofer Weg 79 – 81, 59063 Hamm, or by written declaration to the supplier. For the observance of the time limit, the dispatch of the revocation or of the goods in good time shall be sufficient.
(2) Goods that can be shipped are to be returned at the costs and the risk of Wawawu to (supplier's address). Deviating from this, the customer accounts for the regular costs of return shipment if the price of the items returned does not exceed an amount of 40 EUR or if, in the case of a higher price, the customer has not rendered the trade-off or a partial payment has not reached the supplier at the time of the revocation. The aforementioned does apply unless the delivered goods do not correspond to the ones ordered. Goods not ready and suitable for dispatch will be collected from the customer's location.
(3) In case of effective revocation the supplier repays to the customer the purchase price already paid by him. If the customer can return the merchandise only partially or in deteriorated condition, he has to pay compensation in this respect even though the deterioration is based on intended use. The reduced value may amount to the total purchase price. A reduction in value can be avoided by the customer by not taking the goods into use as an owner and by refraining from doing anything which reduces their value.
Withdrawal Instructions:
Should you be a consumer, you may revoke your contract in writing (i.e. via letter, fax, e-mail) within two weeks without having to give reason or - if the item is placed at your disposal prior to the expiry of this period - by returning the item. The period shall commence upon receipt of this instruction in written form, however, not prior to the delivery of the goods to the receiver (in the case of recurring delivery of similar goods, not prior to the receipt of the first part delivery) and not prior to the fulfillment of our obligations of information according to § 312c sec. 2 German Civil Code (BGB) in conjunction with § 1 sec. 1, 2 and 4 BGB-InfoV as well as our duties according to § 312e sec. 1 clause 1 German Civil Code (BGB) in conjunction with § 3 BGB-InfoV. The timely dispatch of the withdrawal or of the goods shall be deemed sufficient for compliance with the revocation term. The withdrawal has to be sent to:
K-Meral KG
Vertretungsberechtigter: Ralf Kolterjahn
Caldenhofer Weg 79-81
59063 Hamm
Tel: 02381-90593-20
Fax: 02381-90593-10
E-Mail: info@wawawu.de
Consequences of withdrawal:
In case of an effective withdrawal, the services received by either party shall be returned and any advantages that have potentially derived (e.g. benefits from usage) have to be released. Should the customer not be able to return the received benefits, be it whole or in part or in a deteriorated state you shall to this extent provide compensation accordingly. This does not apply with respect to goods being delivered if the deterioration is exclusively due to the testing of the item, as it would have been possible for you if you had a look at it in a retail shop. You may avoid any duty to provide compensation for any deterioration due to the usage of the goods as intended by not using the item as your own property and by refraining from anything that may have an impact on its value. You do not have to provide any compensation for a deterioration of the item caused by the usage of the good as intended. Items suitable for being delivered by parcel are to be returned at our risk. You have to bear the costs of returning the goods if the goods being delivered correspond to those ordered and if the price of the goods you want to return does not exceed an amount of 40 Euro or if in the case of a higher price of the goods you have not yet performed the service in return or paid a contractually agreed part payment at the time of your withdrawal. Otherwise, the return is free of charge for you. Items not suitable for being delivered by parcel shall be picked up. Any compensation payments have to be made within a period of 30 days. For you, the period shall commence with the dispatch of your declaration of withdrawal or the item in question, for us it starts with our receipt of the same.
End of the withdrawal instructions
The right of revocation does not apply to distance contracts for the delivery of goods that are either produced according to customer specifications or clearly fitted for individual needs.
§ 10 Details on Data Processing
(1) The supplier collects data of customers within the scope of processing contracts, observing the regulations of the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and the German Teleservices Data Protection Act (Teledienstedatenschutzgesetz, TDDSG). Without the customer's consent the supplier will only collect, process or use customers' stock and access data to the extent necessary to process a contractual relationship and to use and account for teleservices.
(2) The supplier will not use the customer's data for the purpose of advertising and market or public opinion research without the customer's consent.
(3) At any time the customer has the possibility to recall, change or delete the data stored in their profile using the 'My Data' button. Besides, reference is made to the privacy policy with respect to consents of the customers and further information about the collection, processing and usage of data. The aforementioned is available in printable version at any time by pressing the 'Privacy' button on the web page of the supplier.
§ 11 Final Provisions
(1) The law of the Federal Republic of Germany with the exclusion of the UN Sales Convention will be applicable for contracts between supplier and customer.
(2) To the extent that the customer is a registered trader, a legal entity governed by public law or a public service special asset, the seat of the supplier is the jurisdiction for all disputes arising from the contractual relationship between the customer and the provider.
(3) The contract shall remain binding even if individual points are legally ineffective.
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