General Terms and Conditions of Sale
including customer information
1. Applicability2. Conclusion of contract
3. Prices and payment-terms
4. Conditions of delivery
5. Right of withdrawal
6. Retention of title
7. Liability for defects
8. Accountability
9. Redemption of gift vouchers
10. Redemption of promotion vouchers
11. Applicable law
12. Place of jurisdiction
13. Information regarding online dispute settlement
1. Applicability
1.1 These General Terms & Conditions (in the following referred to as "GTC") of the company "KBW Trading GmbH" (in the following referred to as "seller"), are valid for all contracts a consumer or enterprise (in the following referred to as "customer") concludes with the seller via its web shop. Unless otherwise agreed, any individual terms of the customer are contradicted.1.2 These GTC are also valid for the purchase of vouchers, unless explicitly agreed otherwise.
1.3 A consumer is every physical person, that concludes any legal transaction for a purpose, that is predominantly to be considered neither to attribute to its commercial nor freelance profession.
1.4 An enterprise is every physical or legal person as well as every non-corporate entity with legal capacity, that concludes any legal transaction that is predominantly to be considered to attribute to its commercial or freelance profession.
2. Conclusion of contract
2.1 Presentation of goods especially on the sellers’ web shop does not constitute a binding offer.2.2 In a first step the customer adds the requested product(s) to its shopping cart. The actual order transaction starts with the next step, in which all relevant data for the order-execution needs to be filled in. At the end of the order transaction a summary with all order- and contract-details shows up. By confirming this with a click on the “Buy” button, the customer submits a binding purchase offer to the seller.
It is also possible for the customer to submit this offer to the seller by fax, E-Mail, post or telephone.
2.3 The seller can accept the customers offer in either of the following ways:
- Transmission of an official order-confirmation or alternative confirmation in written form (by fax or E-Mail)
or
- Transmission of a payment request to the customer following order submission
or
- Delivery of the ordered goods
The order is considered accepted at the time the first of the above-stated events takes place.
The period for acceptance of a customer-offer begins with the day following the order date and expires with the end of the 5th day after the order date. If the seller does not accept the customers offer within the above-specified period, the offer is considered rejected. This means that the customer is no longer bound by its declaration of intent.
2.4 The wording of the contract concluded between seller and customer is being recorded on the sellers’ internal system. The GTC can be viewed by the customer on the sellers’ webpage anytime. The customer also receives an E-Mail containing all order-data, the Right of withdrawal as well as the CTC. In case that a customer-account has been created in the process of placing the order, the wording of the contract can also be accessed free of charge using the customer-login.
2.5 All entered data can be reviewed before placing the order by pressing „Buy“. If corrections need to be made, the customer can go back using the browsers’ back button or the corresponding function with mouse or keyboard. Besides there are (if available) special, accordingly marked buttons for corrections.
2.6 The contract language is German.
2.7 It is up to the customer to enter a correct E-Mail address for order processing and make sure the filter functions are set in a way that enables its mail client to receive order-relevant E-Mails.
3. Prices and payment-terms
3.1 Unless otherwise agreed, all stated prices are final prices including statutory value-added tax.If any additional shipping-costs incur, this information can be found in the product-description.
3.2 The customer can choose one of the payment methods offered on the sellers’ web page.
3.3 Unless otherwise agreed prepayments by bank transfer are immediately due once the contract has been concluded.
3.4 "PayPal"-payments are executed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg according to PayPal-terms of use, viewable under the following link: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.5 „BillSAFE”-payments on account are executed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxemburg ("PayPal" is the operator of the payment service BillSAFE).
The full amount is due once the goods have been delivered and invoiced to the customer. It is payable to PayPal within 14 days after receipt of the invoice. For this payment method a PayPal solvency check needs to be passed. The seller assigns all claims for the respective order to PayPal, therefore a discharging payment on the side of the customer can only be made to PayPal. All other aspects of the contractual relationship between seller and customer, as well as all rights and obligations on both sides remain unaffected by this payment method.
The applying General Terms and Conditions of BillSAFE can be viewed during the order-process and need to be confirmed by the customer.
4. Conditions of delivery
4.1 The ordered goods are to be shipped to the delivery-address submitted by the customer. If payment is effectuated via PayPal, the relevant address is the one stored in the PayPal-database at the time of payment.4.2 Unless agreed otherwise or stated differently in the sellers’ shipping-information, forwarding generally takes place "free curb", which means the goods are shipped to the public curb, closest to the receivers’ delivery-address.
4.3 If the customer states an incorrect delivery-address or other circumstances make it impossible to deliver the goods, the seller might face additional costs which are to be covered by the customer, unless the customer is not to be held responsible for the incorrect address or other circumstances, that make delivery impossible. Has the customer only been temporarily unable to accept the shipment, additional transport-costs are not to be passed on, except if the delivery date has been announced to the customer beforehand. Exception to this rule are costs arising for the transport to the customer if its Right of withdrawal has been correctly exercised. In this case the statutory or sellers’ regulation takes effect.
4.4 If the customer acts as an entrepreneur, the transfer of risk for accidental loss or deterioration takes place once the goods are handed over to the forwarder, parcel-service or whosoever person or enterprise entrusted with the transport. If the customer is a consumer, the transport-risk remains with the seller until the goods are handed over to the customer or a person authorized to receive the goods on its behalf.
Should the goods be picked up by the customer directly or should the forwarder be hired by the customer, the transport risk is generally up to the customer – whether he buys as enterprise or consumer.
4.5 Conclusion of contract is subject to later or partial delivery in case of improper, delayed, or cancelled self-delivery to the seller by its supplier in case of a congruent hedging transaction between seller and supplier, if the seller is not responsible for the improper, delayed or cancelled self-delivery and unable to resolve such with reasonable effort. The customer is immediately to be informed about any (complete or partial) shortage and (if already executed) refunded its payment.
4.6 If collection by the customer was agreed, the seller is to inform the customer immediately, once the ordered goods are ready for pick-up. The customer can then contact the seller to agree a date when to collect the goods at the sellers’ premises. In this case no transport-costs will be charged to the customer.
4.7 Vouchers can be transmitted to the customer in either of the following ways:
- by E-Mail
- for download
- by post
5. Right of withdrawal
5.1 If the customer is a consumer, he has a general right of withdrawal. 5.2 The right of withdrawal is subject to the sellers’ cancellation policy.
5.3 Consumers, that are no member of any of the European States and that have a sole place of residence outside the European Union by the time of contract conclusion, do not have a right of withdrawal.
6. Retention of title
6.1 Goods sold to consumers remain property of the seller until full payment has been made for the respective product.6.2 Goods sold to enterprises remain property of the seller until full payment has been made for all claims from an ongoing business relationship.
6.3 A customer acting as entrepreneur is authorized to resale reserved goods in the course of proper business operations. Claims against third parties arising from the resale are assigned from the customer to the seller in full height of the respective invoice (including value added tax). This assignment is valid whether the reserved goods are processed in any way before resale or not. Despite the assignment the customer can still collect claims, but this does not affect the sellers right to collect claims directly. The seller will refrain collecting claims from third parties, unless the customer fails to meet its payment obligation towards the seller, gets in default of payment or has insolvency proceedings going on.
7. Liability for defects
Unless otherwise agreed or stated differently in these GTC, the rules of statutory liability for defects apply.7.1 If the customer acts as entrepreneur, the following restrictions apply:
- the seller is to decide which way of supplementary performance to choose
- claims for defects on used goods are generally excluded
- the limitation period for new goods is one year after transfer of risk
- the limitation period does not count anew after a replacement delivery in the course of liability for defects
- claims for defects are excluded if the defect occurs more than one year after transfer of risk
- defects occurring within one year after transfer of risk, can be claimed according to the statutory limitation period
- according to its customary application the product in question was used constructing a building and caused any deficiency in such
- the seller is to be held responsible for imputable damage due to injury to life, body, or health as well as grossly negligent or intentionally caused damage
- any damage was caused by fraudulent intent on the sellers’ side or in case of claims according to §§ 478, 479 German Civil Code
7.5 If the customer acts as entrepreneur according to § 1 German Commercial Code, the commercial inspection and notification obligations according to § 377 German Commercial Code apply.
7.6 If the customer acts as consumer, it is advised to immediately claim goods received with visible damage to the delivery-person and inform the seller accordingly. It is explicitly pointed out, that the customer statutory or contractual rights remain unaffected by non-compliance to this request.
8. Accountability
The sellers’ accountability from all contractual, quasi-contractual and statutory as well as tortious claims regarding damage and expenditure is determined as follows:8.1 The seller is only fully liable for damage caused by intentional or grossly negligent behaviour.
In case of injury to life, body or health as well as breach of essential contractual obligations (major obligations), the seller is also accountable in case of slight negligence.
A major contractual obligation is one essential for the proper execution of the contract. Its fulfilment is something the contracting parties regularly rely on and are supposed to rely on.
Unless otherwise agreed the seller is also liable for defects in the course of warranty as stated above.
This liability also includes indirect consequential damage, as in particular loss of sales as well as mandatory liabilities such as those in accordance with the product liability law.
8.2 Except in cases of intent or gross negligence, injury to life, body or health as well as breach of major contractual obligations, the sellers’ liability is limited to typically foreseeable damage at the time of contract-conclusion and average contractual damage height – also for indirect consequential damage, as in particular loss of sales.
8.3 Apart from the above-mentioned any accountability on the sellers’ side is excluded.
8.4 The before stated liability regulations are analogously applicable for the sellers’ employees and vicarious agents.
9. Redemption of gift vouchers
9.1 Vouchers purchased on the sellers‘ web shop („gift vouchers“), can solely be redeemed for purchases made through the sellers‘ web shop.9.2 Gift vouchers and remaining credits of such, can be redeemed until expiration of the third year after the purchase-year. Remaining credits will be taken into the customers’ account until the expiration date is reached.
9.3 Gift vouchers can only be redeemed before finishing the order process. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be accepted per order. It is not possible to add multiple vouchers to one order.
9.5 Gift vouchers can only be used for the purchase of goods. Vouchers cannot be used to pay for the purchase of further gift vouchers.
9.6 If the order-value exceeds the value of the gift voucher, the difference can be paid by one of the offered payment methods.
9.7 Credit on gift vouchers is not disbursable or interest bearing.
9.8 Gift vouchers are personal and can only be redeemed by the person to which they are made out. It is not possible to transfer a voucher to a third party. The seller is permitted but not obliged, to verify the entitlement of the respective voucher holder.
10. Redemption of promotion vouchers
10.1 Vouchers provided by the seller in the course of (promotion-)campaigns free of charge and not for purchase („promotion vouchers“) are bound to a certain validity period and can be redeemed within this period solely on the sellers‘ web shop.10.2 Certain products may be excluded from promotion-campaigns. If applicable, precise information regarding such confinements are to be found directly on the promotion voucher.
10.3 Promotion vouchers can only be redeemed before finishing the order process. Subsequent offsetting is not possible.
10.4 Only one promotion voucher can be accepted per order. It is not possible to add multiple vouchers to one order.
10.5 The value of the promotion voucher is also to be considered the minimum order-value. Remaining credits cannot be reimbursed to the customer.
10.6 If the order-value exceeds the value of the promotion voucher, the difference can be paid by one of the offered payment methods.
10.7 Credit on promotion vouchers is not disbursable or interest bearing.
10.8 The monetary value of the promotion voucher cannot be refunded if the customer returns goods, fully or partially paid with the voucher in the course of the statutory right of withdrawal.
10.9 Promotion vouchers are personal and can only be redeemed by the person to which they are made out. It is not possible to transfer a voucher to a third party. The seller is permitted but not obliged, to verify the entitlement of the respective voucher holder.
11. Applicable law
11.1 The law of the Federal Republic of Germany shall apply with exclusion of laws regarding international purchase of movable goods. This does not affect legal regulations limiting the choice of law and regarding the applicability of obligatory statutory rules, especially those of the state considered the main residence of the customer as a consumer.
11.2 The choice of law does not concern the right of withdrawal for consumers, that are no member of any of the European States and that have a sole place of residence outside the European Union by the time of contract conclusion.
12. Place of jurisdiction
If the customer is a merchant, legal entity of public law or of special fund under public law based in the territory of the Federal Republic of Germany, the place of jurisdiction for all disputes arising from a contract with the seller is the sellers‘ registered main office.If the customer is based outside the territory of the Federal Republic of Germany and a contract with the seller or any claims arising from it are imputable to the customers professional or commercial activity, the place of jurisdiction for all disputes arising from this contract is the sellers‘ registered main office. Nevertheless, the seller is also authorized to call the court responsible for the seat of the customer.
13. Information regarding online dispute settlement
The platform for online dispute settlement of the European Commission is available on the following link: https://ec.europa.eu/odrThe seller is neither obliged nor willing to participate in dispute settlement proceedings in front of a consumers’ arbitration board.