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General Terms & Conditions

§ 1 General - Scope
(1) Our general terms & conditions are solely applicable; any terms of the other contractual party that contradict or deviate from our general terms or conditions are not recognised by us unless we have expressly agreed to their validity in writing. Our business conditions are also applicable if we carry out the delivery to the purchaser without reservation in the knowledge of business conditions of the purchaser that are in contradiction to or deviate from our business conditions.


§ 2 Conclusion of Contract
(1) All our offers on the Internet pages are subject to change without notice. The offers are subject to changes in shape and colour within reasonable limits.
(2) With his order, the purchaser makes a binding declaration that he wants to acquire the ordered goods. We are entitled to accept the contract offer in the order within two weeks of receipt. The acceptance can be declared either in writing or by delivering the goods to the purchaser.
(3) If a purchaser orders the goods electronically, then we will confirm the receipt of the order immediately. The confirmation of receipt does not yet represent a binding acceptance of the order. The confirmation of receipt can be tied to a declaration of acceptance, however.
(4) We will from the outset only become a contractual partner of the purchaser if it is not expressly indicated within the ordering process via the Internet that an offer is being placed with third party companies in this process.
(5) Insofar as the purchaser orders the goods electronically, the text of the contract will be stored by us and sent to the purchaser by e-mail on request, along with the existing General Terms & Conditions.
(6) The sale of our goods is limited to end consumer amounts customary in the trade. We reserve the right not to accept or to cancel orders from obvious resellers.


§ 3 Reservation of Title
(1) We reserve ownership of our goods until the complete payment of the purchase price. Because of this, the purchaser is obligated to treat the goods with care and to report access to the goods by third parties (for example in the case of a garnishment) or any damages to the goods or the destruction of the goods to us immediately.


§ 4 Right of Withdrawal
(1) The purchaser has the right to withdraw his declaration of will made in connection with the closing of the contract within 28 days of receiving the goods. The withdrawal does not need to contain a stated reason and is to be declared to us in text form or by returning the goods to us; to maintain the time limit, the timely return of the goods suffices. If the purchaser was not yet informed about the details of the contract in text form and/or the goods in question have not been received, then the time limit will only start on receipt of the necessary information and receipt of the delivery. The cancellation is to be addressed to:

Kunzmann GmbH
Habermehlstrasse 19
75172 Pforzheim
Germany

(2) If the right of withdrawal was effectively exercised, then the mutually received benefits are to be returned and any potential uses to be released. If the purchased goods are being sent as a package, then the purchaser is obligated to return the goods at his own cost and responsibility. Goods that cannot be sent as a package will be picked up from the purchaser. In case of a return of a delivery of goods whose order value in total amounts to € 40.00, the purchaser is to bear the costs of the return shipment as long as the delivered goods correspond to the order. If the received goods could not be returned or could only be returned in a degraded condition, then the purchaser is likewise obligated to pay compensation. Compensation is also to be paid for any degradation incurred by using the goods as intended. This does not apply if the degradation is exclusively attributable to the testing of the goods – as it would roughly have been possible in the shop. The purchaser can avoid any degradation by not making use of the purchased goods like an owner and by desisting from all actions that could reduce their value.
(3) In the following cases, there is no right of withdrawal for the purchaser:
a) in the case of the delivery of goods that were manufactured according to the specifications of the purchaser or clearly tailored for the special personal requirements or that are not suitable for a return shipment on the basis of their properties and condition;
b) in the case of the delivery of audio or video recordings, especially video cassettes, if the seal on the corresponding data-carriers has been broken by the purchaser;
c) in the case of the delivery of magazines and periodicals.
(4)Shipment costs are beared by the seller.

§ 5 Price - Shipment - Delivery
(1) Our purchase price, quoted in Euro, is binding. The purchase price includes applicable VAT. The purchase price is due immediately upon invoicing. We only deliver against payment in advance. On request of the purchaser, delivery can be made cash on delivery.
(2) Delivery and shipping costs are incurred additionally, though we make every effort to select the least expensive shipping option. Additional packaging costs are not applied.
(3) Delivery is made in neutral packaging.
(4) We are entitled to deliver at any time, as well as to carry out partial deliveries. Partial deliveries can also be invoiced separately. The delivery time generally is 4-6 weeks.


§ 6 Passing of Risk
(1) The risk of coincidental loss and coincidental degradation of the delivered goods is transferred to the purchaser with the surrender of the goods to the purchaser.
(2) If the purchaser is delaying acceptance of the goods, this still counts as a delivery.


§ 7 Liability for Defects
(1) We are liable for defects of title and of quality in accordance with legal provisions.
(2) Obvious defects are to be reported to us in writing by the purchaser within a period of two months after the time at which the condition of the goods that is contrary to contract has been determined. What is decisive in this case is that the time limit of this notification to us is adhered to. If the purchaser neglects to make such a report, all warranty rights expire two months after the defect has been determined. This does not apply in a case in which we are charged with bad faith.
(3) The purchaser does not receive a warranty in the legal sense from us. Manufacturer’s warranties are unaffected by this.


§ 8 Limitations of Liability
(1) In case of minor negligent breaches of duty our liability is limited to the average damage that is predictable, immediate and typical for this type of contract. This also applies for minor negligent breaches of duty of our legal representatives or vicarious agents.
(2) The existing limitations of liability do not apply to claims by the purchaser arising from product liability. In addition, the limitations of liability do not apply to damages to the health of the purchaser or the loss of life of the purchaser that are attributable to us.


§ 9 Final clauses
(1) Applicable law is the law of the Federal Republic of Germany.
(2) If the purchaser is a merchant, then the sole jurisdiction for all disputes arising from this order is our registered office. The same applies when the purchaser has no general jurisdiction in Germany, or the residence or usual abode at the time of the legal action is not known.
(3) Should any individual provisions of the contract with the purchaser, including these general business conditions, become ineffective in part or in whole, then the validity of the remaining provisions remains unaffected. The provision that is ineffective in part or in whole shall be replaced by a provision whose economic result comes closest to the ineffective one.