Conditions
General terms and conditions for the Kochmaier eShop
1. Scope
1.1
These terms and conditions contain the terms and conditions between you (hereinafter also referred to as "customer", "you") and us, the company Kochmaier, Minervastr. 36, 74613 Öhringen (hereinafter also referred to as "Kochmaier", "we", "us") exclusively applicable conditions, insofar as these are not modified by written agreements between you and us. We do not recognize deviating or conflicting conditions unless we have expressly agreed to them in writing. These terms and conditions apply to all orders, contracts, deliveries and other services between Kochmaier and the customer in the Kochmaier eShop at kochmaier.com.
These conditions also apply to all future customer orders in the Kochmaier eShop.
Further information on Kochmaier's communication data can be found in the imprint.
1.2 You will be notified of changes to these terms and conditions in writing, by fax or by email. If you do not object to this change within 4 weeks after receipt of the notification, the changes are deemed to have been accepted by you.
You will be informed separately about the right to object and the legal consequences of remaining silent in the event of a change in the terms and conditions.
1.3 You can access, save and print out our General Terms and Conditions on our website under General Terms and Conditions.
2. Registration as a user
2.1
Registration for our Kochmaier eShop is free. Without registering for our electronic trading system, it is not possible to place an order in the Kochmaier eShop (no guest orders).
To be admitted to the Kochmaier eShop, fill out the registration form on our website electronically and send it to us. You must provide the data required for registration completely and truthfully.
Your email address will be used as username. When registering, you choose a password. You are obliged to choose a secure password with at least 8 characters and containing at least one special character (e.g. "@, %, $", etc.). The password must be kept secret and secure and must not be shared with third parties under any circumstances be passed on.
After you have entered your registration data and clicked on the "Register now" button, you will receive an e-mail confirming receipt of your registration. This email states that your details will be verified. As soon as your entrepreneurial status has been verified, you will receive an activation e-mail. You can only place orders in the Kochmaier eShop after activation.
2.2 The registration data is entered using SSL encryption to ensure security.
2.3 Entering the registration data is secured by SSL encryption.
2.4 If your company information changes, you are responsible for updating this information. Please notify us of any changes immediately using the electronic form on our website.
3. Conclusion of contract
The presentation of the products in the Kochmaier eShop does not represent a legally binding offer on the part of Kochmaier.
The offers from Kochmaier on our website are merely a non-binding invitation to the customer to order goods from Kochmaier.
If the customer clicks on the "Buy now" button, he places a binding order for the items in the shopping cart. Kochmaier immediately confirms the receipt of this order electronically. This confirmation does not constitute an order confirmation and therefore does not constitute an acceptance of the offer by Kochmaier. Kochmaier accepts the offer either by sending a separate confirmation e-mail, by sending a confirmation of dispatch or at the latest when the goods are dispatched.
It is not possible to submit an order without first agreeing to the incorporation of these General Terms and Conditions.
Kochmaier is entitled to accept the customer's offer within 5 calendar days after receipt of the order. If this period expires unsuccessfully, the customer's offer is deemed to have been rejected.
All order data is displayed to the customer after he has completed his entries and has not yet sent the order. This gives the customer the opportunity to check and correct input errors.
If the customer wants to make changes, he has the option of correcting any input errors by clicking the "Change shopping cart", "Change address" or "Change payment method" buttons. Up to this point, the customer can remove an item from the shopping cart or change the item quantity at any time.
The customer can then submit a binding offer to Kochmaier by clicking the "Buy now" button.4. delivery terms
4.1 In order to fulfill our delivery obligations, it is necessary for the customer to fulfill his obligations in a timely and proper manner.
4.2 If the delay in delivery is due to circumstances for which Kochmaier is not responsible (e.g. force majeure, fault of third parties), the delivery period will be extended appropriately. The customer will be informed immediately of the delay. If the delay lasts longer than 4 weeks after the original delivery date, both the customer and Kochmaier have the right to withdraw from the contract.
4.3 Shipping is ex works, with both the cost and risk borne by the customer.
4.4 The delivery item is only insured against transport damage if the customer instructs this in advance and bears the costs for this.
5. Delivery Area
Our products are delivered exclusively within the country of Germany. There is no shipping abroad.
6. Prices, Payments and Minimum Orders
6.1 The customer can choose from the payment methods shown during the ordering process. Kochmaier currently offers the payment options prepayment and invoice. Other payment methods are currently not available.
6.2 The prices given for the individual items on our website are gross prices "ex works" and do not include shipping costs. The shipping costs incurred are listed separately in the product description and shown separately on the invoice.
6.3 Unless otherwise agreed, payments must be made within 14 days of the invoice date without deduction (net). A discount can only be deducted in the case of a special written agreement.
6.4 If payment is made in advance, delivery will only take place after the purchase price has been fully credited. If you select the payment method in advance, we will inform the customer of our bank details in the order confirmation.
Kochmaier reserves the right to refuse the "invoice" payment method and to choose the "payment in advance" payment method instead.
7. Late Payment
7.1 Failure to pay the purchase price when it is due constitutes a material breach of contractual obligations.
7.2 If the customer is in arrears with payment, Kochmaier has the right to charge interest on arrears at a rate of 9 percentage points above the respective base interest rate of the ECB.
8. Warranty
8.1 In order for the customer to be able to assert claims for defects, he must properly comply with his inspection and notification obligations in accordance with § 377 HGB to notify Kochmaier immediately of any defects. If the customer fails to provide this notification, the goods are deemed to have been approved, unless the defect was not apparent on inspection. Should such a defect later become apparent, notification must be given immediately after discovery. Otherwise, the goods are also considered approved with regard to this defect.
8.2 If the delivered goods are defective, you have the right to supplementary performance in the form of rectification of the defect or delivery of goods free of defects in accordance with the statutory provisions. We reserve the right to choose the type of supplementary performance. Kochmaier will generally make two attempts at supplementary performance. If the supplementary performance fails or is unreasonable for you, you have the right to reduce the purchase price or to withdraw from the contract under the statutory conditions.
8.3 Claims and rights of the customer due to material defects expire within 1 year after delivery of the goods in the case of new goods. Any warranty is excluded for the purchase of used goods. However, this limitation period does not apply to claims based on intentional or grossly negligent breach of duty, injury to life, limb or health, fraudulently concealed defects, assumption of a guarantee or claims for recourse in accordance with § 479 BGB. In these cases, the statutory limitation periods apply.
9. Limitation of Liability
9.1 Our right to compensation is limited to the following extent, regardless of the legal basis:
9.1.1 Our claim for damages extends to cases of intent and gross negligence, including intent and gross negligence on the part of our representatives or vicarious agents.
9.1.2 In the case of slight negligence, we are only liable for the breach of essential contractual obligations, but limited to the foreseeable and typically occurring damage.
Essential contractual obligations are fundamental obligations that were of central importance for the conclusion of the contract by the customer and the fulfillment of which is essential for the proper execution of the contract. Violating them jeopardizes the achievement of the purpose of the contract and the customer can regularly rely on these obligations being complied with. For all other cases we assume no liability.
9.1.3 Liability for culpable injury to life, limb and health remains unaffected. This also applies to mandatory liability under the Product Liability Act and liability under the Federal Data Protection Act and other mandatory statutory liability regulations. Liability also remains in place in the event of fraudulent concealment of defects or the assumption of a guarantee. The statutory limitation periods apply to all claims pursuant to Section 10.1.
9.2 It is not possible to guarantee error-free and constant availability of data communication via the Internet in accordance with the current state of the art. We therefore assume no liability for the continuous and uninterrupted availability of our online trading system. An assignment of claims for damages is not permitted.
10. Set-off
Offsetting against claims by Kochmaier is only permissible if the customer's counterclaim has been legally established or is undisputed by Kochmaier. The customer can only exercise a right of retention if his claim is based on the same contractual relationship.
11. Retention of title security
11.1 The ownership of the purchased item remains reserved until all outstanding claims from the business relationship between us and the customer have been paid in full. In the event of a breach of contract by the customer, in particular default in payment, we reserve the right to take back the purchased item. Taking back the purchased item by us represents a withdrawal from the contract. After taking back the purchased item, we are entitled to sell it. The proceeds from the exploitation will be offset against the customer's liabilities after deducting appropriate exploitation costs.
11.2 The customer must treat the purchased item with care.
11.3 The customer is obliged to inform us immediately in writing if third parties carry out attachments or other interventions so that we can take legal action in accordance with § 771 ZPO. If the third party is not able to reimburse us for the judicial and extrajudicial costs in accordance with § 771 ZPO, the customer is responsible for the financial damage incurred.
11.4 The customer is authorized to resell the purchased item in the normal course of business. In doing so, however, he already assigns to us all claims in the amount of the final invoice amount (including VAT) that arise from the resale against his customers or third parties, regardless of whether the purchased item is resold before or after processing. The customer is still authorized to collect these claims, even after the assignment. Our authority to collect the claims ourselves remains unaffected. However, we undertake not to collect the claims as long as the customer meets his payment obligations from the proceeds received, does not default in payment and has not filed for insolvency or suspended payments. However, if this is the case, we can demand that the customer informs us of the assigned claims and their debtors, provides all necessary information for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
11.5 The processing or transformation of the purchased item by the customer is always carried out on our behalf. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. For the rest, the same conditions apply to the resulting item as a result of the processing as for the originally delivered purchased item, subject to reservation.
11.6 If the purchased item is inseparably mixed with other items that do not belong to us, we acquire co-ownership of the new item created in accordance with the ratio of the value of the purchased item (final invoice amount, including VAT) to the mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportionate co-ownership to us. The customer keeps the resulting sole ownership or co-ownership for us.
11.7 At the customer's request, we will release the securities to which we are entitled to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. It is up to us to decide which collateral will be released.
12. Use of Data
Data is processed in accordance with the provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). You can find more information on this in our data protection regulations.
13. Storage of the text of the contract
Kochmaier keeps the text of the contract and the order data saved and sends the customer an order confirmation by e-mail.
The customer has the option of viewing his previous orders via the "My Account" area and the "My Order History" sub-area.
14. Electronic Invoice
The invoices are sent in electronic form to the e-mail address provided by the customer. The customer has the right to object to the electronic transmission of invoices at any time. In this case, a printed invoice will be sent to the customer, however, he is obliged to bear and reimburse the additional costs of sending on paper.
15. Applicable law, place of performance, place of jurisdiction
15.1 The law of the Federal Republic of Germany applies to all legal relationships, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
15.2 Unless otherwise agreed, Kochmaier's registered office is the place of performance for all obligations arising from the contractual relationship between Kochmaier and the customer.
15.3 Bielefeld is the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship between Kochmaier and the customer. However, Kochmaier reserves the right to choose the customer's general place of jurisdiction at its own discretion.
16. Final Provisions
16.1 The contract documents are written in either German or English, depending on the language selected by the customer at the beginning of the ordering process.
16.2 The customer cannot transfer his rights under the contract to other persons, with the exception of monetary claims.
16.3 If individual provisions of the contract or these regulations are wholly or partially invalid or contradict the statutory provisions, this has no effect on the contract or the validity of the remaining provisions. The ineffective provision will be replaced by the contracting parties together with an effective provision that comes as close as possible to the economic purpose and meaning of the ineffective provision. This regulation applies accordingly to loopholes.
-Herewith the General Terms and Conditions (GTC) end-