General Terms and Conditions / Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1)The following terms and conditions apply to all the contracts, which you conclude with us as a supplier (Kutech-Schlegel) via our online shop. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.

(2)A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1)Subject of the contract is the sale of goods.

(2)If we place an article in our online shop, the activation of the offer page represents a binding offer to conclude a purchase contract under the conditions contained on the article page.

(3)The eBay terms and conditions, in particular Section 6, apply to the conclusion of the contract; there is a corresponding link on every eBay page at the bottom. Depending on the format of the offer, the conclusion of the contract is regulated as follows:

"§ 6 Offer formats and conclusion of contract (...)

2. If a seller uses the eBay services to post an item in an auction or fixed-price format, he is making a binding offer to conclude a contract for this item. He determines a starting or fixed price and a period within which the offer can be accepted (offer duration). If the seller sets a minimum price for the auction format, the offer is subject to the condition precedent that the minimum price is reached.

3. The seller can also provide offers in the auction format with a buy-it-now function. This can be exercised by a buyer as long as no bid has been placed on the item or a minimum price has not yet been reached. eBay reserves the right to change this feature in the future. (...).

4. In the case of fixed-price items, the buyer accepts the offer by clicking and then confirming the "Buy It Now" button. In the case of fixed-price items for which the seller has selected the "immediate payment" option, the buyer accepts the offer by clicking on the "Buy it now" button and completing the immediately subsequent payment process. The buyer can also accept offers for several items by placing the items in the shopping cart (if available) and completing the immediately subsequent payment process.

5. In the case of auctions, the buyer accepts the offer by placing a bid. Acceptance is subject to the condition precedent that the buyer is the highest bidder at the end of the bidding period. A bid expires if another buyer makes a higher bid during the offer period. (...)6. If the seller terminates the bid prematurely, a contract is formed between the seller and the highest bidder, unless the seller was entitled to withdraw the bid and cancel the present bids.

7. Buyers can only withdraw bids if there is a legitimate reason to do so. After a justified withdrawal of a bid, no contract is formed between the user, who is again the highest bidder after the end of the auction due to the withdrawal of the bid, and the seller.8. In certain categories, the seller can provide his offer with a price suggestion function. The Best Offer feature allows buyers and sellers to negotiate the price of an item. (...).

11. If an item is deleted from eBay before the end of the listing period, no valid contract is formed between the buyer and seller."

(4)Purchase using the Buy It Now or Bid feature

Clicking on the "Buy it now" or "Bid" buttons on the article pages does not yet lead to binding contractual declarations. You also have the option of checking your entries and correcting them using the "Back" button of the Internet browser or canceling the purchase. This option no longer exists until the binding contractual declaration has been submitted. The eBay menu navigation when making a purchase shows which declaration you enter into a bond and which action the contract comes into existence with.

(5)Purchase via the shopping cart (if offered)

By clicking on the "Add to shopping cart" button on the article pages, the goods intended for purchase are placed in the "Shopping cart". The “shopping cart” will then be displayed to you. You can also use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Continue to purchase" page and selecting or entering the delivery address and payment method, all order data are then displayed again on the order overview page. If you select "PayPal" as the payment method, you will first be taken to a PayPal log-in window. After successfully registering with PayPal, you will be redirected to the order overview page on eBay. Before sending the order, you have the option of checking all the information again, changing it (also using the "back" function of the internet browser) or canceling the purchase. By clicking on the "Buy and pay" button, you declare your acceptance of the offer in a legally binding manner, whereby the purchase contract is concluded.

(6)Purchase via the "Price proposal" function (if available) With the "Price proposal" function, you have the option of making us a counter-offer by clicking on the "Send price proposal" button on the item page, entering your price proposal on the following page, the Select the "Check price proposal" button and confirm the "Send price proposal" button on the following page (binding offer). You are bound to this price proposal for 2 days. The contract is concluded when we accept your best offer.

(7)The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Right of retention, retention of title

(1)You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2)The goods remain our property until the purchase price has been paid in full.

(3)If you are an entrepreneur, the following also applies:

a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 4 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply: - to culpably caused damage from injury to life, limb or health and to other damage caused intentionally or through gross negligence; - insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item; - for items that have been used for a building in accordance with their normal use and have caused its defectiveness; - in the case of statutory rights of recourse that you have against us in connection with warranty rights.

§ 5 Choice of Law, Place of Performance, Place of Jurisdiction

(1)German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2)The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3)The provisions of the UN Sales Convention expressly do not apply.

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II. Customer Information

1. Identity of Seller

Kutech-Schlegel, Gotenstraße 7, D-86833 Ettringen, telephone: +49 (0) 8249 3629823, fax: +49 (0) 8249 3629825, e-mail: info@kutech.de

Alternative Dispute Resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed athttps://ec.europa.eu/consumers/odr/.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full text of the contract. Before sending the order, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

4. Essential characteristics of the goods or service

The essential features of the goods and/or service can be found in the respective offer.

5. Prices and terms of payment

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Terms of Delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer. Unless a different period is specified in the respective offer or under the corresponding button, the goods will be delivered within 3-5 days after the conclusion of the contract (if advance payment has been agreed, however, only after the date of your payment instruction).

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment. If you are an entrepreneur, the delivery and shipment is at your own risk.

7. Statutory liability for defects

Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).

8. Right of Withdrawal

The cancellation policy can be found under the menu item right of withdrawal .

last update: 06.03.2023