General terms and conditions
1. Contract
1.1 All offers of KraftCom GmbH are non-binding
1.2 Purchase contracts up to a value of 2500 Euro are concluded by order of the customer, as far as KraftCom GmbH does not object immediately. For order values beyond that, an order confirmation by KraftCom GmbH is required.
2. Prices, terms of payment
2.1 For the delivery the list prices apply at the time of the order.
2.2 Our prices are excluding shipping costs, without installation, training and other ancillary services, unless otherwise agreed in writing. The shipping costs are calculated according to the weight tables of the logistics company. The respective shipping costs are calculated on the online form of the shop.
2.3 Unless otherwise agreed, deliveries are made against advance payment or cash on delivery. Our invoices are due immediately and payable net without deduction. A payment is deemed to be made only if KraftCom GmbH can dispose of the amount. In case of default of payment, we are entitled to charge default interest of 12.5%.
3. Delivery time
3.1 The agreed delivery period begins with the uncontradicted or confirmed order.
3.2 The delivery period may be extended by the time until the buyer has handed over all information and documents necessary for the execution of the order.
3.3 Delays in delivery caused by force majeure, labor disputes, fire, legal or official orders (eg import and export restrictions) and which we are not responsible for, extend the delivery period according to the duration of such obstacles. We will immediately inform the buyer of its beginning and end in important cases.
3.4 If we are in arrears with the delivery, our liability for damages in case of slight negligence is limited to the foreseeable damage. Further claims for damages only exist if the delay is based on intent or gross negligence.
4. Delivery, shipment, transfer of risk
4.1 Partial deliveries by us are permissible as far as this is reasonable for the buyer.
4.2 The shipping method, the shipping route and the company commissioned with the shipping, we can determine at our discretion, unless the buyer gives express instructions.
4.3 The risk is transferred to the buyer as soon as the consignment with the delivery items is handed over by the freight forwarder to the buyer. The buyer has to complain about obvious as well as possibly determined transport damage at the forwarder or carrier immediately and afterwards also to inform KraftCom GmbH in order to assert claims.
5. Right of withdrawal
5.1 The consumer within the meaning of the FernAbsG is entitled to a right of withdrawal for distance contracts. In accordance with the Distance Selling Act, within two weeks of receipt of the goods, he has the option of revoking the contract without giving reasons. The revocation can be made in writing or by returning the goods; To meet deadline timely dispatch to KraftCom GmbH, Dorfstrasse 17, 86869 Oberostendorf.
5.2 In the exercise of the right of withdrawal, the consumer carries up to an order value of 40, - € the return costs. Impairment losses from intended use are to be reimbursed by the consumer, unless the reduction is due solely to the inspection of the goods. Impairment can be avoided by carefully handling the goods and installing components exclusively by qualified and authorized technical personnel.
5.3 In principle, a right of revocation does not apply to: CDs, DVDs, CD-ROMs, software, software licenses and videos that have been unsealed by the consumer, or goods that have been auctioned via Internet auctions. Even with goods that were manufactured according to customer specifications, a right of withdrawal is excluded.
6. Goodwill cancellation, refusal of acceptance
6.1 After expiry of the two-week revocation period or for buyers who are not consumers within the meaning of FernAbsG, a return of goods will only be made in the case of demonstrably incorrect delivery. In the case of exchange, redemption or credit request whose cause KraftCom GmbH is not responsible for, settlement will only be carried out after written confirmation by the seller. The basic prerequisite for this is the condition of the goods and their resaleable condition. The expected refund amount is the resale price to be achieved at the time of receipt, less a cancellation / handling fee of 20% of the invoice amount.
6.2 If a buyer who is not a consumer within the meaning of FernAbsG does not accept the sold goods, we are entitled to insist on acceptance or demand 20% of the purchase price as flat-rate compensation for damages and expenses, unless the buyer notifies us that damage has not occurred or was incurred at a lower level. In case of exceptionally high damage, we reserve the right to assert it. For the duration of the buyer's default of acceptance, KraftCom GmbH is entitled to store the delivery items at the risk of the buyer, with a forwarding agent or a warehouse keeper. During the period of default of acceptance, the buyer has to pay KraftCom GmbH for the resulting storage costs without further proof per month lump sum 25 euros. The flat-rate compensation is reduced to the extent that the customer can prove that expenses or damage have not occurred. In the case of exceptionally high storage costs, we reserve the right to assert them.
7. Retention of title
7.1 We reserve title to the purchased item until complete payment of all claims arising from the delivery contract, including ancillary claims (eg bill of exchange costs, financing costs, interest, etc.). In case of breach of contract by the buyer, we are entitled to reclaim the purchased item. The withdrawal as well as the seizure of the reserved property does not constitute a withdrawal from the contract.
7.2 In case of seizure or other interference by third parties, the buyer must notify us immediately in writing.
7.3 A processing or transformation of the purchased item by the buyer is always made for us. If the purchased item is processed with other items not belonging to us, we acquire the co-ownership of the new item in proportion of the value of the purchased item to the other processed items at the time of processing.
7.4 The buyer is entitled to resell the goods in the ordinary course of business. However, he hereby assigns to us all claims against his buyer or third party from the resale in the amount of the final invoice amount.
8. Warranty, limitation of liability
8.1 We guarantee within the statutory periods from the date of delivery that the delivery items are free of defects according to the current state of the art. A liability for normal wear and tear is excluded. In particular, we grant only 6 months warranty for batteries. Insignificant deviations from color, dimensions and / or other quality and performance characteristics of the goods do not constitute any claims on the part of the buyer, in particular not on warranty.
8.2 We assume no liability for defects and damages that have arisen from improper or improper use, failure to observe instructions for use or incorrect or negligent treatment. This applies in particular to the operation of objects with incorrect current type or voltage as well as connection to unsuitable power sources. The same applies to defects and damages due to fire, lightning, explosion or mains-related surges, moisture of any kind, wrong or missing program software and / or processing data, unless the buyer proves that these circumstances are not are the cause of the deficiency.
8.3 The warranty expires if the purchaser intervenes and / or repairs devices or has them carried out by persons who have not been authorized by KraftCom GmbH, provided that the defect has occurred.
8.4 Obvious defects must be reported in writing immediately, but no later than ten working days after receipt of the delivery; otherwise, all claims for defects are excluded. In commercial transactions, §§ 377, 387 HGB apply in addition.
8.5 If there is a defect in the purchased goods for which KraftCom GmbH is responsible, the consumer is entitled, at his discretion, to assert a right to remedy the defect or to make a new delivery (supplementary performance). As part of the new delivery, the exchange in higher quality products is already considered accepted. If the chosen type of supplementary performance involves disproportionately high costs, the claim is limited to the remaining type of supplementary performance. Further rights, in particular the rescission of the purchase contract, can only be asserted after expiry of a reasonable period for subsequent performance or twice the failure of the supplementary performance.
8.6 At the end of the first year, the claim is usually limited to remedial work, as the costs incurred are regularly disproportionately high in the industry (§ 439 II BGB). Should KraftCom GmbH make an exchange for a higher-quality product as part of the repair, this is already considered accepted. Further rights, in particular the rescission of the purchase contract, can only be asserted after expiry of a reasonable period for subsequent performance or twice the failure of the supplementary performance.
8.7 If the buyer is an entrepreneur, the warranty is limited to one year. Within one year after the delivery date, we are entitled, at our discretion, to remedy the defect or make a new delivery within the meaning of § 439 BGB.
8.8 No warranty / warranty period will come into force as a result of an exchange under warranty / guarantee; § 203 remains untouched.
8.9 Unless otherwise expressly agreed, further claims of the buyer - regardless of the legal grounds - are excluded. We are therefore not liable for damages that did not occur directly on the delivery item; In particular, we are not liable for lost profits or other financial losses of the buyer. The above exemption does not apply if the damage is based on intent, gross negligence or lack of a warranted property, breach of essential contractual obligations, default, impossibility, and claims under § § 1, 4 of the Product Liability Act. We are not responsible for the recovery of data unless we have caused the loss intentionally or grossly negligent and the buyer has ensured that a backup has been made, so that the data can be reconstructed at a reasonable cost.
8.10 To process warranty claims, please contact us by phone in advance to request an authorization number (RMA). Unauthorized or unpaid returns will not be accepted.
9. Resignation in case of asset deterioration
We may rescind the contract if we become aware of any suspension of payments, commencement of bankruptcy or court settlement, refusal of bankruptcy due to lack of assets, bills of exchange or checks, or other specific indications of deterioration in the financial circumstances of the buyer.
10. Software, literature
In the case of delivery of software, the special license and other conditions of the manufacturer apply beyond our conditions. By accepting the software, the buyer expressly acknowledges their validity.
11. Use of customer data
We are entitled to process all data relating to business relationships with the buyer in accordance with the Federal Data Protection Act.
12. Export license
Any necessary approvals of the Federal Office of Trade and Industry for the export of the delivered goods are to be obtained from the buyer in his own name and at his own expense. The refusal of such an export license does not entitle the buyer to withdraw from the contract.
13. Jurisdiction, effectiveness, applicable law
13.1 In business dealings with traders who are not traders referred to in § 4 HGB and with legal persons under public law, the place of jurisdiction for all legal disputes arising from the contract, including bill of exchange and check claims, is Kaufbeuren; We are also entitled to sue at the buyer's place of business.
13.2 If individual provisions of the delivery contract or these terms and conditions are ineffective, the remaining provisions shall continue to apply. Cross-border delivery traffic is governed by German law.
KraftCom GmbH
Dorfstrasse 17
86869 Oberostendorf
Managing Director: Ingo Kraft
Last updated: March 2010