General Terms and Conditions and Consumer Information

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§ 1 Quotation and Conclusion of Contract

  1. Our General Terms and Conditions shall apply to deliveries and services by our companies. Our General Terms and Conditions shall apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause.
  2. An order via our online shop is divided into four steps. In the first step you choose the desired goods. In the second step you enter your customer details including billing address and, if necessary, the deviationg delivery address. In the third step you select the method of payment. In the last step you will have the possibility to check again all details (e. g. name, address, payment method, ordered items) and, if necessary, to correct them before you send the order to us by clicking on the "Submit your order" button.
  3. When ordering via our online shop, you shall first receive a confirmation of receipt of your purchase order by e-mail to the e-mail address stated by you (confirmation of receipt). However, a sales contract shall only be concluded with the dispatch of our confirmation of order by e-mail to you or with the delivery of the ordered goods.
    When ordering via our online shop, the order process includes a total of four steps. In the first step, you select the desired goods. In the second step, you enter your customer data including invoice address and, where applicable, a different delivery address. In the third step, you select how you wish to pay. In the last step, you have the option to review all details (e.g. name, address, payment method, ordered items) again and to correct them where required before you send your purchase order to us by clicking 'buy now'.

    We shall save the contract wording of your purchase order. You can print it prior to sending your purchase order to us by clicking “Print” in the last step of the order process. We shall also send you a confirmation of receipt as well as confirmation of order with all order data and our General Terms and Conditions to the e-mail address stated by you.
  4. The General Terms and Conditions shall exclusively apply to all services rendered by the contractor to the customer. This shall also apply if the contractor renders its services without reservation while being aware of conflicting conditions. Other conditions shall only become integral part of the contract if the contractor has consented to their validity in writing.
    If the contractual partner is an entrepreneur, it shall acknowledge upon the acceptance of an offer, a confirmation of order, however, with the placing of an order or the acceptance of a service at the latest, that these General Terms and Conditions apply exclusively to the entire business relations. The General Terms and Conditions, once agreed, shall also be deemed agreed for future conclusions of contracts. If the supplier does not comment on different provisions of the purchaser, this shall not be regarded as consent to these conditions; their validity is objected to. Any deviation from the supplier’s General Terms and Conditions shall be deemed refusal of the order. Any acceptance of a delivery made, even under reservation, shall be deemed consent to the supplier’s General Terms and Conditions.

    Orders shall only become legally binding upon written confirmation by the supplier or execution of the purchase order. Collateral agreements, reservations, modifications or supplements to a contract shall be subject to the supplier’s written confirmation to become effective.
  5. By derogation from item 3, informally made agreements shall also be valid if they are individual agreements according to Section 305b BGB [German Civil Code].


§ 2 Prices and Terms of Payment

  1. Unless otherwise agreed between the parties, delivery shall be made ex works (exw).
  2. The payment with legal transactions via our online shop may be made via PayPal remittance, credit cards, giropay or by advance payment. We shall reserve the right to exclude individual payment methods. If the payment method advance payment is selected, we shall state the bank details in the confirmation of order.
  3. The following shall apply to entrepreneurs: If several receivables from the customer are outstanding and if a payment made by the purchaser is not sufficient for the redemption of all receivables, the redemption shall be made according to the legal provisions of Section 366 [2] BGB, unless the purchaser declares the redemption expressly on a principal debt.
  4. The following shall apply to consumers: All prices shall always be stated in Euros, carriage free and insured as well as plus any taxes to be borne by the customer (value-added tax, customs) and duties in the respective statutory amount that are shown in the respective confirmations of order.

    For purchase orders with deliveries within Germany, we shall charge a fixed shipping and handling fee of EUR 6.55 / case. The shipping costs for purchase orders outside Germany, but within the EU, can be found in the following table. The shipping costs outside the EU shall be € 45.00.

    see chart below


    If items with parcel and forwarding agent delivery are ordered at the same time, we shall only charge the higher shipping costs per delivery address.
  5. The following shall apply to entrepreneurs: The respective shipping/ delivery costs shall be borne by the purchaser.
    They shall be notified to them in advance on demand.
  6. Unless otherwise agreed, the total remuneration shall be paid within ten days after receipt of the goods and the invoice without discount. The statutory regulations regarding the consequences of delay in payment shall apply.
  7. The following shall apply to entrepreneurs: The customer shall only be entitled to any statutory set-off right, right of retention or right to refuse performance on account of claims that are undisputed or established as final and absolute and originate from the same contractual relationship. The same shall apply to a right of retention according to Section 369 HGB [German Commercial Code].

Prices

Benelux 3.90 € net (4.64 € incl. VAT) per case
Austria 9.90 € net (11.78 € incl. VAT) per case
Denmark 9.90 € net (11.78 € incl. VAT) per case
France 9.90 € net (11.78 € incl. VAT) per case
Great Britain 18.00 € net (21.42 € incl. VAT) per case
Finland 9.90 € net (11.78 € incl. VAT) per case
Portugal (except Azores) 18.00 € net (21.42 € incl. VAT) per case
Italy 18.00 € net (21.42 € incl. VAT) per case
Sweden 9.90 € net (11.78 € incl. VAT) per case
Spain (mainland) 18.00 € net (21.42 € incl. VAT) per case
Ireland 18.00 € net (21.42 € incl. VAT) per case

§ 3 Right of Cancellation

For consumers, the following shall apply:

You are entitled to withdraw from this contract within fourteen days without stating any reason for this. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier and nominated by you have/has taken the last goods into your/their possession. To exercise your right of cancellation you must notify us of your intention to withdraw from this contract by means of a clear statement (e.g. a posted letter, fax or e-mail). 

KKC cases GmbH
Schröttinghauser Straße 20
32351 Stemwede-Levern
Germany

Phone: +49 5745 9205-0
Fax: +49 5745 9205-29
E-Mail: info@kkc-cases.de

To do so, you may use the attached cancellation letter template, but this is not mandatory. If you avail yourself of this possibility, we will immediately send you a confirmation (e.g. by e-mail) of the receipt of such cancellation. In order to observe the cancellation period it is sufficient to post the notification on the exercise of your right of cancellation before expiry of the cancellation period.

 

Consequences of cancellation
If you withdraw from this contract, we are obliged to refund you all payments received from you, including shipping charges (except for any extra costs resulting from you having chosen a method of delivery other than the most inexpensive standard delivery offered by us) immediately but no later than fourteen days from the day of our receipt of your notification of cancellation. For this refund we will use the same means of payment which you used for the original transaction unless expressly agreed otherwise with you; under no circumstance will you be charged any fees for this refund. We may refuse such refund until receipt of the goods or until you have provided evidence that the goods have been dispatched, whichever is the earlier.

You have to return the goods immediately and in all cases no later than within fourteen days as from the day when you inform us about the withdrawal from this contract by notification to KKC cases GmbH, Schröttinghauser Straße 20, 32351 Stemwede-Levern. This deadline shall be complied with if you dispatch the goods prior to the expiry of the fourteen days period. You shall bear the direct costs of return of the goods.
You shall only pay for any potential loss in value of the goods if this loss in value can be attributed to handling of the goods that is not required for the inspection of the quality, properties and functionality of the goods.

End of instruction on the right of cancellation

§ 4 Exclusion/Expiry of the Right of Cancellation:

    There shall not be any right of cancellation according to Section 312g (2) BGB, amongst others, with regard to contracts on delivery of goods that are not prefabricated and for the manufacturing of which an individual selection or determination by the consumer is relevant or that are clearly tailored to the personal requirements of the consumer, and it shall expire early with regard to contracts on delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene after their seal has been removed after delivery.


      § 5 Time of performance / Withdrawal

      1. If there are more than 4 months between conclusion of contract and delivery, without the seller being responsible for delay in delivery, the seller may reasonably increase the price in consideration of material, wage and other ancillary costs accrued that must be borne by the seller. If the purchase price is increased by more than 20%, the purchaser shall be entitled to withdraw from the contract.
      2. If the seller takes changes desired by the purchaser into account, the purchaser shall be charged for the resulting extra costs.
      3. Insignificant, reasonable differences in the measurements and designs (colour and structure), particularly with repeat orders, shall remain reserved as far as they are inherent in the used materials and usual.
      4. Events of force majeure outside our control that temporarily make the performance impossible or otherwise impair it, such as strike, lock-out, mobilisation, war, warlike circumstances, incorrect and/or late supply of required materials despite conclusion of a hedging transaction or the occurrence of impairments that could not have been foreseen and for which the supplier is at least not responsible, the period shall be reasonably extended. The contractor shall inform the purchaser about the delay immediately after becoming aware of it and, where possible, about the duration of the delay.
        If such events lead to the fact that the execution of the contract becomes unreasonable for the contractor, it shall be authorised to withdraw from the contract in whole or in part. The right to postpone delivery or to withdraw shall exist irrespective of whether the circumstances listed above accrue to us or to one of our suppliers.
      5. If the customer is an entrepreneur, the supplier is entitled to take up to 5 % over- or underdeliveries determined by production compared to the current order. Only the delivered quantity will be billed.
      6. If the customer is an entrepreneur, the contractor shall be entitled to withdraw from the contract if unfavourable circumstances become known later about the customer’s financial circumstances, such as particularly delay in payment in the amount of 25% of the due payables regarding claims of the supplier, suspension of payment, mainly unsuccessful enforcement measures, protest against a cheque or bill of exchange to be honoured by the purchaser. Furthermore, in case of missing, incorrect or later supply with materials, we shall be entitled to withdraw from the contract.
      7. In all other cases, the supplier shall be entitled to withdraw from the contract if the purchaser has filed an application for the opening of insolvency proceedings for their assets, has issued an affirmation in lieu of an oath according to Section 807 ZPO [Code of Civil Procedure] or if insolvency proceedings have been opened for their assets or if the opening has been refused due to lack of funds.

      § 6 Liability / Warranty

       

      1. We shall be authorised, at our option, to supplementary performance in the form of removal of defect or delivery of a defect-free item. We shall be entitled to carry out the supplementary performance twice. Subsequently, the customer shall be entitled, at its option, to demand withdrawal or reduction according to the statutory provisions.
      2. The following shall apply to consumers: The purchaser shall be entitled to the statutory warranty rights with regard to all products sold by us. However, our liability for breaches of contractual duties and based on tort shall be limited to intention and gross negligence. This shall not apply to claims arising from injury to life, body and health of the customer, claims due to the violation of cardinal obligations, i.e. obligations resulting from the nature of the contract and the violation of which endangers the achievement of the contractual purpose as well as the compensation for damage caused by delay (Section 286 BGB). We shall insofar be liable for any degree of fault.
      3. The following shall apply to entrepreneurs:
        a)
        The customer shall be obliged to inspect deliveries immediately. The identification of defects must be notified to the supplier within a cut-off period of one week by stating the specific objection in writing. With obvious defects, the period shall start with the handover; with hidden defects, it shall start after discovery. After this period has expired without notification of defects, any warranty claims shall be excluded.
        b) The limitation period for sales contracts shall be one year, for contracts for work and services two years after becoming aware of defects.
        Claims for damages of the customer due to defects shall become statute-barred after one year as from delivery / provision of the goods. This shall not apply if the supplier has acted intentionally or grossly negligent or in case of injury to life, body or health of the purchaser.

        c) Further claims of the customer shall be excluded, particularly claims for compensation of damage that has not occurred at the delivered item itself. This shall not apply as far as liability is mandatory by law for personal injuries or damage to privately used items according to the Product Liability Act or in cases of intention, gross negligence, the lack of guaranteed features and for the intentional or negligent violation of essential contractual obligations as far as this violation endangers the achievement of the contractual purpose (cardinal obligations). Other claims for damages of the customer, particularly based on positive breach of contract, the breach of duties during the contract negotiations or based on tort shall be excluded, unless the supplier, their representatives or their vicarious agents are guilty of gross negligence or intention; in this case, for simple negligence, liability shall only be assumed for damages that are typical for this kind of contract and must be reasonably expected. The supplier shall not be liable for consequential damages based on the above legal institutions as far as they could not have been foreseen.
        As far as liability for damages that are not based on injury to life, body or health of the purchaser and negligence cannot be excluded, such claims shall become statute-barred within one year, starting with the accrual of the claim.

        d) However, the liability in case of delay in delivery shall be limited to 0.5% of the delivery value, and to not more than 5% of the delivery value for each completed week of delay within the framework of lump-sum damages.
      4. The above exclusion of liability shall respectively also apply to slightly negligent breaches of duty by our vicarious agents. As far as the liability for damages towards us is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, representatives and vicarious agents.


      § 7 Reservation of Ownership

      1. The following shall apply to consumers: We shall reserve the ownership of the sold/manufactured goods until complete payment of the purchase price.
      2. The following shall apply to entrepreneurs: The customer shall be entitled to process the delivered goods within the framework of their regular business operation. The goods shall be processed for the supplier without committing it; the new items shall become the contractor’s property. If the goods are processed with other goods that do not belong to the contractor, the contractor shall acquire co-ownership of the newly manufactured item according to the proportion of the invoice value of the reserved goods to the other processed items. Should the contractor still lose ownership and the customer become (co-) owner, it shall hereby transfer its ownership to the contractor according to the proportion of the invoice value of the reserved goods to the other processed items as collateral. In all of the stated cases, the customer shall store the items owned or co-owned by the contractor for it free of charge.
        The customer’s authorisation to dispose shall automatically expire with an unsuccessful enforcement attempt at its premises, with protest against a cheque or bill of exchange to be honoured by the purchaser as well as with the filing of an application for the opening of insolvency proceedings for the purchaser’s assets. In all other cases, other disposals of the reserved goods, particularly pledge and transfer by way of security shall be inadmissible and shall lead to restraint on alienation.
        The customer shall hereby assign to the contractor all claims arising from the resale of the reserved goods in processed and unprocessed state including all ancillary rights. If processed, combined, intermixed or mingled reserved goods are sold, the supplier shall acquire the principal partial amount that corresponds to the percentage of the invoice value of its delivered goods plus a security premium of 5%.

        Subject to revocation that is possible at any time, the customer shall be entitled to collect the claims assigned to the contractor in the regular course of business. The contractor shall not use its own authorisation to collect as long as the purchaser complies with its payment obligations – also to third parties – as agreed. If the customer assigns its subsequent claim to a factoring institution within the framework of a so-called real factoring by assuming the non-payment risk, the customer shall assign its claims against the factoring institution for payout of the factoring proceeds to the contractor and shall undertake to inform the factoring institution about this assignment immediately after invoicing by the contractor.

        The customer shall be obliged to hand over to the contractor on demand an exact list of the receivables the contractor is entitled to with the name and address of the buyers, amount of the individual receivables, invoices, etc. and to provide the contractor with all information required for the assertion of the assigned claims and to permit the review of this information. The customer shall be obliged to handle the goods with care.
      3. In case of pledge or other interventions by third parties, the customer shall notify us without delay. Any processing, installation, combination or transformation (sections 946, 947,950 BGB) of the goods that are still property of the contractor to be carried out then shall only be permitted to the customer upon the supplier’s prior written consent.


      § 8 Data protection

      1. We shall be entitled to save and use the data received regarding the business relation in terms of the Federal Data Protection Act without separate notification.
      2. According to Section 28 (1) no. 3 in conjunction with (2) no. 1 BDSG [Federal Data Protection Act], personal data from “generally accessible sources”, particularly also from lists that only include the name, title, job title and address, may be collected for own purposes. Duty of disclosure shall only be established by the forwarding of such data.
        According to Section 28 (3) BDSG, the data subject is entitled to prohibit the storage of their data. The duty to inform the data subject about the collection and further processing of its data is cancelled according to Section 33 (2) no. 6 BDSG if “generally accessible sources” are used.
      3. If a purchase order is made via our online shop, we shall store your order and address data for use within the framework of order processing, for potential claims under warranties according to the content of our Data Privacy Statement. View Data Privacy Statement now.


      § 9 Place of Performance - Choice of Law – Place of Jurisdiction

      1. Unless otherwise stipulated in the contract, place of performance and payment shall be our registered office (Stemwede-Levern). Place of jurisdiction for all actions based on the same legal relationship shall be the company’s registered office as far as the contractual partner is a merchant, a legal entity under public law or a legal entity and no exclusive place of jurisdiction is affected.
      2. The law of the Federal Republic of Germany shall apply to this contract.
        The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The contractual language shall be German.

       

       

      Download General Terms and Conditions as pdf-data file

      issued: August 2014