General Terms and Conditions / Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (Kutech-Schlegel) via our online shop. Unless otherwise agreed, the inclusion of any of your own terms and conditions is contradicted.
(2) Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes which can be attributed predominantly neither to his commercial nor his self-employed professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity, which acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the contract
(1) The object of the contract is the sale of goods.
(2) If an article is inserted by us in our online shop, the activation of the offer page is the binding offer to conclude a sales contract to the conditions contained in the article page.
(3) For the conclusion of the contract the eBay terms and conditions apply, in particular § 6, a corresponding link is on each eBay page below. Depending on the offer format, the conclusion of the contract is regulated there as follows:
"§ 6 Offer formats and contract conclusion (...)
If a seller places an item in the auction or fixed price format using eBay services, he makes a binding offer to conclude a contract for this item. He shall determine a starting or fixed price and a period within which the offer can be accepted (duration of the offer). If the seller determines a minimum price for the auction format, the offer is subject to the condition precedent that the minimum price is reached.
3. the seller may additionally provide offers in auction format with an immediate buy 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 function in the future. (...).
For fixed-price items, the buyer accepts the offer by clicking the "Buy Now" button and then confirming. In the case of fixed price items for which the seller has selected the option "immediate payment", the buyer accepts the offer by clicking on the "Buy Now" button and completing the immediately following 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 following payment process.
5. in auctions, the buyer accepts the offer by placing a bid. The acceptance takes place under the suspensive condition that the buyer is the highest bidder after the end of the bidding period. A bid expires if another buyer makes a higher bid during the bidding period. (...)
6. in the event of premature termination of the offer by the seller, a contract shall be concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and delete the present bids.
7. buyers may only withdraw bids if there is a legitimate reason to do so. After a justified withdrawal of bids, no contract is concluded between the user, who is again the highest bidder after the end of the auction due to the withdrawal of bids, and the seller.
8 In certain categories, the seller can provide his offer with a price suggestion function. The price suggestion function allows buyers and sellers to negotiate the price for an item. (...).
(11) If an item is deleted by eBay before the end of the offer period, there is no effective contract between the buyer and the seller.
(4) Purchase via the function "Buy it now" or "Bid it".
Clicking on the "Buy Now" or "Bid" buttons on the article pages does not yet lead to binding contract declarations. Rather, you can check your entries afterwards and correct them or cancel the purchase using the "Back" button on the Internet browser. Only with the submission of the binding contract declaration does this possibility no longer exist. The menu navigation of eBay during the execution of a purchase indicates the declaration by which you enter into a commitment and the action by which the contract is concluded.
(5) Purchase via the shopping basket (if offered)
By clicking on the "Add to shopping cart" button on the article pages, the goods intended for purchase are stored in the "Shopping cart". The "shopping cart" will then be displayed. 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 page "Continue to checkout" and selecting or entering the delivery address and payment method, all order data will be 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 successful registration at PayPal you will be forwarded to the order overview page at eBay. Before sending the order you have the possibility to check all details again, to change them (also via the function "back" of the internet browser) or to cancel the purchase. By clicking on the "Buy and pay" button, you declare your legally binding acceptance of the offer, which results in the purchase contract.
(6) Purchase via the function "Price Suggestion" (if offered) With the function "Price Suggestion" you have the possibility to submit a counter-offer to us by clicking on the button "Send Price Suggestion" on the article page, entering your price suggestion on the following page, selecting the button "Check Price Suggestion" and confirming the button "Send Price Suggestion" on the following page (binding offer). You are bound to this price proposal for 2 days. The contract is concluded when we accept your price proposal.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be partially automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of the e-mails is technically ensured and in particular is not prevented by SPAM filters.
§ 3 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. If you do not meet your payment obligations properly, we reserve the right, however, to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of 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 to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released shall be incumbent upon us.
§ 4 Warranty
(1) The statutory warranty rights exist.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the above warranty provisions shall not apply:
a) Only our own details and the manufacturer's product description shall be deemed agreed as the condition of the item, but not other advertising, public praise or statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide a warranty by repair or replacement. If the remedy of the defect fails, you may, at your option, demand a reduction or withdraw from the contract. The remedy of the defect shall be deemed to have failed after an unsuccessful second attempt, unless something else results, in particular, from the nature of the item or the defect or other circumstances. In the event of rectification, we do not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that 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 warranty period shall not apply: - to culpably caused damages attributable to us resulting from injury to life, limb or health and to other damages caused intentionally or by gross negligence; - to the extent that we have fraudulently concealed the defect or assumed a guarantee for the quality of the item; - to items which have been used for a building in accordance with their customary purpose and which have caused its defectiveness; - to statutory recourse claims which you have against us in connection with warranty rights.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from business relations with us and the place of jurisdiction shall be 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 shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply. _______________________________________________________________________________________
II. customer information
1. identity of the seller
Kutech-Schlegel, Gotenstraße 7, D-86833 Ettringen, Phone: +49 (0) 8249 3629823, Fax: +49 (0) 8249 3629825, E-Mail: firstname.lastname@example.org
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://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 possibilities for correction shall be carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. contract language, contract text storage
3.1 The language of the contract shall be German.
3.2 The complete text of the contract shall not be stored by us. Before sending the order, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
4 Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. prices and payment modalities
5.1 The prices quoted in the respective offers as well as 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 an appropriately 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 additionally by you unless delivery free of shipping costs has been promised.
5.3 The methods of payment 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 immediately due for payment.
6. terms of delivery
6.1 The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer. If no other deadline is stated in the respective offer or under the button designated accordingly, the goods will be delivered within 3-5 days after conclusion of the contract (in the case of agreed advance payment, however, only after the date of your payment order).
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment shall not pass to you until the goods are handed over to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment. If you are an entrepreneur, delivery and dispatch shall be at your risk.
7. legal liability for defects
Liability for defects shall be governed by the "Warranty" provision in our General Terms and Conditions (Part I).
8. right of revocation
ou find the revocation instruction in the menu under right of revocation.