General terms and conditions and customer informationI. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Krautz Ironz GmbH, Garstedter Weg 212, 22455 Hamburg, Germany) via the website krautz-ironz.de, unless an amendment is agreed in writing between the parties. Deviating or conflicting terms and conditions are effective only with our express consent.
(2) We offer our goods only for purchase, insofar as you are a natural or legal person or a legally competent personal company which acts upon conclusion of the legal transaction in the exercise of their commercial or self-employed professional activity (entrepreneurs). A purchase contract with consumers is excluded.
§ 2 Agreement of the Treaty
(1) The subject matter of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.
(2) Already with the setting of the respective product on our website, we submit a binding offer for the conclusion of a contract via the online shopping cart system to the conditions specified in the respective offer.
(3) The contract shall be concluded by means of the online shopping cart system as follows: The goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar, you can access the "shopping cart" and make changes there at any time. After entering the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal/PayPal Express/PayPal Plus, Amazon-Payments, Postpay, instant bank transfer) as payment method, you will either be guided to the order overview page in our online shop or you will first be forwarded to the website of the provider of the instant-code system. If you are forwarding to the respective instant payment system, you will take the appropriate selection there. Enter your data. Finally, you will be sent back to our online shop on the order overview page.
Before you send the order, you have the option to re-check all the details here, to change (also via the function "back" of the internet browser) or to change the order. to cancel the purchase. By sending the order via the corresponding button, you declare the acceptance of the offer legally binding, which results in the contract.
(4) You can also make a binding contract offer (order) by telephone, by e-mail, by fax or by post. The acceptance of the offer (and thus the conclusion of the contract) takes place by telephone immediately or at the latest within 5 days by confirmation in text form (e.g. e-mail), in which you confirm the execution of the order or delivery of the goods (order confirmation). If you have not received a message within this period, you will no longer be bound by your order. Any services already provided will be refunded immediately in this case.
(5) On request, we will prepare an individual offer, which will be sent to you in text form and to which we will hold 5 days bound. You accept the offer with confirmation in text form.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract shall be automated in part by e-mail. Therefore, you have to ensure that the e-mail address you are filing with us is correct, that the receipt of the e-mails is technically guaranteed and in particular not prevented by SPAM filters.
§ 3 Prices, terms of payment and shipping costs
(1) The prices quoted in the respective offers as well as the shipping costs represent net prices. They do not include the statutory VAT.
(2) The shipping costs incurred are not included in the purchase price, they are charged separately, unless the delivery free of charge is promised. Further details can be found under a correspondingly designated button on our internet presence or in the respective offer.
(3) You have the payment options indicated on our Internet presence or in the respective offer under a correspondingly designated button. To the extent that no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due immediately for payment. The deduction of Skonti is only permitted, if expressly stated in the respective offer or in the invoice.
§ 4 Terms of delivery
(1) The expected delivery period shall be indicated in the respective offer. Delivery dates and delivery deadlines are binding only if they have been confirmed by us in writing. In the case of payment in advance by bank transfer, the goods are sent to us only after receipt of the full purchase price and the shipping costs.
(2) If a product ordered by you is not available in spite of the timely completion of an adequate cover business from a reason which we do not represent, you will be informed immediately of the non-availability and, in the event of resignation, any payments already made will be reimbursed without delay.
(3) The dispatch shall be at your risk. If you wish, shipping will be carried out with a corresponding transport insurance, whereby the resulting costs will be taken over by you.
(4) Partial deliveries are permitted and can be invoied by us independently, unless you are charged with additional costs for shipping.
§ 5 Warranty
(1) The warranty period shall be one year from the delivery of the goods. The one-year warranty period does not apply to culpably caused damage caused by injury to life, body or health and damage caused by gross negligence or wilful intent or caused by intent or intent. Arglist, as well as for recourse claims in accordance with § § 478, 479 BGB (German Civil Code).
(2) Only our own information and the manufacturer's product description shall be deemed to be a quality of the goods as agreed, but not other advertising, public announcements and statements made by the manufacturer.
(3) You are obligated to examine the goods immediately and with due diligence on quality and quantity deviations and to indicate to us obvious defects within 7 days from receipt of the goods in text form (e.g. e-mail), for the period of time to keep the goods in time. This also applies to hidden defects found later on from discovery. In the event of a breach of the obligation to investigate and reprimanded, the assertion of the warranty claims is excluded.
(4) In the event of defects, we shall make a guarantee in accordance with our choice by rectification or replacement delivery. If the defect removal fails, you may request a reduction after your election or withdraw from the contract. The removal of the defect shall be deemed to have failed after a unsuccessful second attempt, unless otherwise indicated in particular by the nature of the object or the defect or the other circumstances. In the event of repair, we do not have to bear the increased costs incurred as a result of the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
§ 6 Right of retention, retention of title
(1) You can only exercise a right of retention, insofar as these are claims arising from the same contractual relationship.
(2) We reserve the right of ownership of the goods until full compensation of all claims arising from the current business relationship. Prior to the transfer of ownership of the reserved goods, a pledge or security expropriation shall not be permitted.
(3) You may resell the goods in the ordinary course of business. In this case, you will already be assigned to us all the claims in the amount of the invoice amount which you will receive from the resale, we will accept the assignment. They shall continue to be authorized to collect the claim. However, in so far as you do not comply with your payment obligations properly, we reserve the right to collect the claim itself.
(4) In the event of connection and mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
(5) We undertake to release the securities to you at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for the selection of the securities to be released.
§ 7 Liability
(1) We shall be fully liable for damages resulting from injury to life, body or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, upon taking over the guarantee for the nature of the object of purchase and in all other cases regulated by law.
(2) The liability for defects within the scope of the statutory guarantee is governed by the relevant regulation in our customer information (Part II) and General Terms and Conditions (Part I).
(3) If essential contractual obligations are concerned, our liability in case of slight negligence shall be limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations arising from the nature of the contract and whose violation would jeopardise the achievement of the contractual purpose as well as obligations which the contract imposes upon us according to its content in order to achieve the purpose of the contract, the fulfillment of which will make the proper implementation of the contract possible in the first place and on whose compliance you may regularly rely.
(4) In the event of a breach of immaterial contractual obligations, liability is excluded in the event of a slight negligent breach of duty.
(5) Data communication via the Internet cannot be guaranteed error-free and/or available at any time according to the current state of the art. We shall not be liable in this respect for the continuous or uninterrupted availability of the website and the service provided there.
§ 8 Legal choice, place of performance, place of jurisdiction
(1) German law shall apply to the exclusion of the UN Sales Law.
(2) The place of performance as well as the place of jurisdiction shall be our registered office, insofar as you are a merchant, a legal person 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.
II. Customer Information
1. Identity of the Seller
Krautz Ironz GmbH
Garstedter Weg 212
Phone: 0160-909 20 263
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as the correction options, are made in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The full text of the contract will not be saved by us. Before sending the order or the request, the contract data can be printed out via the print function of the browser, or can be saved electronically.
4. Legal liability for defects
The liability for defects for our goods is governed by the "Warranty" regulation in the General Terms and Conditions (Part I).
These General Terms and Conditions have been prepared by the specialist lawyers of the Dealer Confederation who are specialized in IT law and are constantly being examined for legal conformity. The dealer association Management AG guarantees the legal security of the texts and is liable in the case of reminders. More information can be found at: http://www.haendlerbund.de/agb-service.
last modified: 23.01.2017