General Terms and Conditions
1. conclusion of 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 the customer’s order, unless KraftCom GmbH objects immediately. For order values exceeding this, an order confirmation by KraftCom GmbH is required to conclude the contract.
2. prices, terms of payment
2.1 The list prices at the time of the order shall apply to the delivery.
2.2 Our prices are exclusive of shipping costs, 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 using the store’s online form.
2.3 Unless otherwise agreed, deliveries shall be made against advance payment or cash on delivery. Our invoices are due immediately and payable net without deduction. A payment is only deemed to have been made when KraftCom GmbH can dispose of the amount. In the event of late payment, we are entitled to charge interest on arrears at a rate of 12.5%.
3. delivery period
3.1 The agreed delivery period begins with the uncontested or confirmed order.
3.2 The delivery period shall be extended, if necessary, by the time until the Buyer has provided 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 (e.g. import and export restrictions) for which we are not responsible shall extend the delivery period in accordance with the duration of such hindrances. In important cases, we will inform the buyer immediately of the start and end of such periods.
3.4 If we are in default of delivery, our liability for damages in the event of slight negligence shall be limited to the foreseeable damage. Further claims for damages shall only exist if the delay is due to intent or gross negligence.
4. delivery, dispatch, transfer of risk
4.1 Partial deliveries by us are permissible insofar as this is reasonable for the Buyer.
4.2 We may determine the mode of shipment, the shipping route and the company commissioned with the shipment at our discretion, unless the Buyer gives express instructions.
4.3 The risk is transferred to the buyer as soon as the shipment with the delivery items is handed over to the buyer by the carrier. The buyer shall immediately notify the forwarding agent or carrier of any obvious as well as any detected transport damage and subsequently notify KraftCom GmbH in order to be able to assert claims.
5. right of withdrawal
5.1 The consumer within the meaning of the German Distance Selling Act (FernAbsG) has a right of withdrawal for distance selling contracts. In accordance with the Distance Selling Act, the customer has two weeks from receipt of the goods to cancel the contract without giving reasons. The revocation can be made in writing or by returning the goods; the timely dispatch to KraftCom GmbH, Dorfstraße 17, D-86869 Oberostendorf is sufficient to meet the deadline.
5.2 When exercising the right of withdrawal, the consumer shall bear the return costs up to an order value of EUR 40. Reductions in value resulting from intended use must be reimbursed by the consumer, unless the reduction is only due to the inspection of the goods. Depreciation can be avoided if the goods are handled with care and the installation of components is carried out exclusively by qualified and authorized technical personnel.
5.3 A right of withdrawal does not exist for: CDs, DVDs, CD-ROMs, software, software licenses and videos which have been unsealed by the consumer, or for goods purchased via Internet auctions. A right of withdrawal is also excluded for goods manufactured according to customer specifications.
6. goodwill return, refusal of acceptance
6.1 After expiry of the two-week withdrawal period or for buyers who are not consumers within the meaning of the German Distance Selling Act (FernAbsG), goods will only be taken back if there is evidence of incorrect delivery. In the case of exchange, return or credit note requests for which KraftCom GmbH is not responsible, processing shall only take place after written confirmation by the seller. The basic prerequisite for this is the condition of the goods and their resalable condition. The expected refund amount results from the resale price to be realized at the time of receipt, less a cancellation/processing fee of 20% of the invoice amount.
6.2 If a buyer who is not a consumer within the meaning of the FernAbsG does not accept the goods sold, we are entitled to either insist on acceptance or to demand 20% of the purchase price as lump-sum compensation for damages and expenses, unless the buyer proves that no damage or less damage has been incurred. In the event of exceptionally high damages, we reserve the right to claim these. For the duration of the buyer’s default of acceptance, KraftCom GmbH is entitled to store the delivery items at the buyer’s risk at its own premises, with a forwarding agent or a warehouse keeper. During the period of default of acceptance, the buyer shall pay KraftCom GmbH a lump sum of 25 euros per month for the storage costs incurred without further proof. The lump-sum compensation shall be reduced to the extent that the customer proves that expenses or damage have not been incurred. In the event of exceptionally high storage costs, we reserve the right to claim these.
7. reservation of title
7.1 We reserve title to the purchased item until full payment of all claims arising from the delivery contract, including ancillary claims (e.g. bill of exchange costs, financing costs, interest, etc.). If the buyer acts in breach of contract, we are entitled to demand the return of the purchased item. The taking back or seizure of the reserved goods does not constitute a withdrawal from the contract.
7.2 In the event of seizures or other interventions by third parties, the buyer must inform us immediately in writing.
7.3 Any processing or transformation of the purchased item by the Buyer shall always be carried out on our behalf. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio 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 customer or third parties arising from the resale in the amount of the final invoice amount.
8 Warranty, limitation of liability
8.1 We warrant within the statutory periods from the date of delivery that the delivery items are free from defects in accordance with the current state of the art. Liability for normal wear and tear is excluded. In particular, we only grant a 6-month warranty for rechargeable batteries. Insignificant deviations in color, dimensions and/or other quality and performance characteristics of the goods shall not justify any claims on the part of the buyer, in particular not for warranty.
8.2 We accept no liability for defects and damage resulting from unsuitable or improper use, non-compliance with instructions for use or incorrect or negligent handling. This applies in particular to the operation of objects with the wrong type of current or voltage and connection to unsuitable power sources. The same applies to defects and damage caused by fire, lightning, explosion or power surges, moisture of any kind, incorrect or missing program software and/or processing data, unless the buyer proves that these circumstances are not the cause of the defect complained about.
8.3 The warranty expires if the buyer carries out interventions and/or repairs on devices or has them carried out by persons who have not been authorized by KraftCom GmbH, insofar as the defect that has occurred is based on this.
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 shall apply in addition.
8.5 If there is a defect in the purchased item for which KraftCom GmbH is responsible, the consumer is entitled, at his discretion, to assert a right to rectification of the defect or new delivery (subsequent performance). As part of the new delivery, the exchange for higher quality products is already deemed to have been accepted. If the selected type of supplementary performance is associated with disproportionately high costs, the claim shall be limited to the remaining type of supplementary performance. Further rights, in particular the rescission of the purchase contract, can only be asserted after the expiry of a reasonable period for subsequent performance or if subsequent performance fails twice.
8.6 After the expiry of the first year, the claim is generally limited to rectification, as the costs incurred are usually disproportionately high in the industry (§ 439 II BGB). Should KraftCom GmbH make an exchange for a higher quality product as part of the rectification of defects, this shall already be deemed to have been accepted. Further rights, in particular the rescission of the purchase contract, can only be asserted after the expiry of a reasonable period for subsequent performance or if subsequent performance fails twice.
8.7 If the buyer is an entrepreneur, the warranty is limited to one year. Within one year of the delivery date, we shall be entitled to choose whether to remedy the defect or make a new delivery within the meaning of § 439 BGB.
8.8 No new warranty/guarantee periods come into force as a result of an exchange under the warranty/guarantee; § 203 remains unaffected.
8.9 Unless expressly agreed otherwise, any further claims of the Buyer – irrespective of the legal grounds – are excluded. We are therefore not liable for damage that has not occurred directly to the delivery item; in particular, we are not liable for loss of profit or other financial losses of the buyer. The above exemption from liability shall not apply if the damage is due to intent, gross negligence or the absence of a warranted characteristic, breach of material contractual obligations, delay in performance, impossibility, or claims under §§ 1, 4 of the Product Liability Act. We shall not be liable for the recovery of data unless we have caused the loss intentionally or through gross negligence and the buyer has ensured that a data backup has been made so that the data can be reconstructed with reasonable effort.
8.10 To process warranty claims, please contact us in advance by telephone to request an authorization number (RMA). Unauthorized or freight collect returns will not be accepted.
9. rescission in the event of deterioration of assets
We may withdraw from the contract if we become aware of a suspension of payments, the opening of bankruptcy or judicial composition proceedings, the rejection of bankruptcy for lack of assets, bill or check protests or other concrete indications of deterioration in the buyer’s financial circumstances.
10. software, literature
In addition to our terms and conditions, the special license and other terms and conditions of the manufacturer shall apply to the delivery of software. By accepting the software, the buyer expressly acknowledges its 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 approvals required from the Federal Office for Trade and Industry for the export of the delivered goods must be obtained by 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 Place of jurisdiction, effectiveness, applicable law
13.1 In business transactions with merchants who are not traders as defined in § 4 HGB and with legal entities under public law, the place of jurisdiction for all legal disputes arising from the contract, including actions on bills of exchange and checks, is Kaufbeuren; we are also entitled to file suit at the buyer’s registered office.
13.2 If individual provisions of the delivery contract or these General Terms and Conditions are invalid, the remaining provisions shall remain valid. German law applies to cross-border delivery traffic.
KraftCom GmbH
Dorfstraße 17
D-86869 Oberostendorf
Managing directors: Heiko Kraft, Anja Reuter
Status: July 2024
