General Terms and Conditions

Online shop ka-520.de

the Kampmann GmbH & Co. KG
Friedrich-Ebert-Str. 128-130
49809 Lingen (Ems)
Tel .: +49 (0) 591 - 7108 0
Fax: +49 (0) 591 - 7108 300
Mail: info@kampmann.de

(hereinafter: Kampmann)

1. Scope
1.1. The following General Terms and Conditions (GTC) apply in the version current at the time the contract is concluded for all of the company's own sales transactions Kampmann GmbH & Co. KG via the online shop at ka-520.de.

1.2. The current version of our terms and conditions is also available on our homepage ka-520.de or will be sent to the customer upon request.

1.3. Deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract unless they are expressly confirmed in writing.

1.4. Consumer i.S.d. The following provisions are any natural person who concludes a legal transaction for a purpose that can neither be predominantly assigned to their commercial nor their independent professional activity.

2. Offer and conclusion of contract
2.1. The presentation of the products in the online shop does not represent a legally binding offer, but merely an invitation to order. Errors are reserved.

2.2. By completing the order process, the customer places a binding order for the products listed in the shopping cart. Receipt of the order is immediately confirmed to the customer via an automated email; this confirmation of receipt does not yet constitute an acceptance of the contract. We can accept the binding offer of the customer within 2 weeks of receipt of the order by sending an explicit order confirmation in text form (by fax, e-mail or post) or by delivering the ordered goods. The contract is only concluded when the customer receives this acceptance.

3. Prices and Payment
3.1. The prices shown include the statutory value added tax. Unless otherwise expressly stated in the product presentation in individual cases, the goods are shipped free of charge.

3.2. We offer the following payment options to the customer, unless otherwise specified in the respective product description in the offer: Credit card (VISA, Mastercard), PayPal, on account, instant transfer and advance payment. Payments are processed, depending on the method of payment, via the external service providers:

• Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden
• Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland
• PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg

 

3.3. The customer only has the right to offset and retention if his counterclaims have been legally established or are undisputed by us.

4. Delivery
4.1. The goods are delivered within Germany with a forwarding agency.

4.2. The dispatch takes place as soon as possible.

4.3. If the customer is in default of acceptance or if he breaches other duties to cooperate, we are entitled to claim the damage we incur, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the purchased item is also transferred to the customer at the point in time at which the customer is in default of acceptance.

4.4. If not all of the products ordered are in stock, we are entitled to make partial deliveries at our own expense, provided this is reasonable for the customer.

4.5. The customer is obliged to check the goods for intactness upon delivery and to have any damage confirmed by the carrier.

5. Retention of title
5.1. The delivered goods remain our property until they have been paid for in full. In business dealings with merchants, the following regulations (5.2. - 5.5) also apply.

5.2. The delivered goods remain our property (goods subject to retention of title) until all of our claims (including all current account balance claims) to which we are entitled now or in the future from the business relationship with the customer have been met.

5.3. Against the assignment of the resulting claims, the customer is entitled to sell the reserved goods in the ordinary course of business, as long as he is not in default of payment. Pledges or collateral assignments are inadmissible. As a precaution, the customer hereby assigns to us in full the claims arising from the resale or any other legal reason (e.g. insured event, unlawful act) with regard to the reserved goods. If the reserved goods are sold together with other goods that do not belong to us without or after further processing or combination, the assignment of the claim from the sale only applies to the amount of the value of the reserved goods. We accept this assignment.

5.4. On request, the customer is obliged to inform us of the names of his debtors and the amount of the invoice claims. The customer is obliged to insure the goods subject to retention of title against loss and damage. If we assert our rights from retention of title in the event of breach of contract by the customer, we have the right to enter the customer's premises in order to be able to take the goods subject to retention of title.

5.5. We undertake to release the securities to which we are entitled according to the above provisions, at our option and at the request of the customer, insofar as the realizable value of these securities in the event of realization exceeds the claims to be secured by at least 10%.

6. Right of withdrawal
6.1. Consumers have a right of withdrawal in accordance with the following regulations:

Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

To exercise your right of withdrawal, you must inform us (Kampmann GmbH & Co. KG, Friedrich-Ebert-Str. 128-130, 49811 Lingen, Tel .: +49 (0) 591 - 7108 670, Fax: +49 (0) 591 - 7108 360, service@kampmann.de) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

In order to meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of withdrawal

If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have to repay immediately and at the latest within fourteen days from the day on which the notification of your cancellation of this contract was received by us. For this repayment we use the same means of payment that you used in the original transaction, unless with you something else was expressly agreed; in no case will you be charged fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, depending on which earlier date is.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.

We only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

6.2. The right of withdrawal does not apply to the delivery of goods,

which are not prefabricated and the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
If these were inseparably mixed with other goods after delivery due to their nature,
For the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
6.3. Please avoid damage or contamination of the goods before exercising the right of withdrawal.

We ask you to announce the return of the goods by email to service@kampmann.de.

Compliance with the in 5.3. The procedure described is not a prerequisite for exercising the right of withdrawal, but is only intended to make the reversal of a purchase transaction as efficient and smooth as possible for both parties when exercising the right of withdrawal.

7. Warranty
7.1. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is exercising his commercial or independent professional activity when the contract is concluded, the warranty claims of the customer when purchasing new goods expire within 1 year. Commercial customers are obliged to inspect goods - including packaged goods - immediately after receipt for recognizable defects and to report these in writing within 10 calendar days of receipt of the goods and stating the complaint in a verifiable manner. Defects that cannot be identified upon careful inspection must be reported in writing in the same manner within the same period from their discovery, but no later than six months after receipt of the goods. Recognizable transport damage must be reported to the carrier in writing immediately upon receipt by the commercial customer.

7.2. Warranty claims do not exist in the case of an insignificant deviation from the agreed quality, in particular color and design, natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent treatment, maintenance or due to special external influences.

7.3. Claims of the buyer for damages or reimbursement of wasted expenses exist only according to the regulations under no. 8 of these terms and conditions and are otherwise excluded.

7.4. For the rest and for consumers, the statutory warranty regulations apply.

8. Liability / Compensation
8.1. According to the statutory provisions, we are liable for damage to life, body and health that are based on a negligent or willful breach of duty by us, our legal representatives and / or vicarious agents, as well as for damage that is covered by liability under the Product Liability Act, as well as for all damages based on willful or grossly negligent breaches of contract as well as malice.

8.2. Insofar as we have expressly assumed a quality and / or durability guarantee with regard to the subject matter of the contract or parts thereof, we are also liable under this guarantee. For damage that is based on the lack of the guaranteed quality or durability, but does not occur directly on the contractual item, we are only liable if the risk of such damage is clearly covered by the quality or durability guarantee.

8.3. In addition, we are liable for damages that we have caused through simple negligent breach of such contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the fulfillment of which the customer regularly trusts and may rely. The same applies if the customer is entitled to compensation instead of performance. However, we are only liable if the damage is typically associated with the contract and foreseeable.

8.4. Insofar as our liability is limited by the above regulations, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.

9. Place of performance, place of jurisdiction and final provisions
9.1. Should a regulation of these terms and conditions be or become ineffective or impracticable, this does not affect the effectiveness of the remaining regulations.

9.2. If the customer is a registered trader, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes - also for bills of exchange and check actions - is our place of business. The same applies if the customer does not have a place of jurisdiction in Germany. However, we are also entitled to sue the customer at his local court.

9.3. These terms and conditions as well as all sales contracts concluded in accordance with these conditions are subject to German law to the exclusion of the UN sales law.

Status: 11/2019

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Arbitration boards for consumers
Platform of the EU Commission for online dispute resolution: www.ec.europa.eu/consumers/odr

We are neither obliged nor willing to participate in an arbitration procedure before a consumer arbitration board.

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Model withdrawal form
If you want to cancel a contract, please fill out the form below and send it back.

At

Kampmann GmbH & Co. KG
Friedrich-Ebert-Str. 128-130
49811 Lingen

Tel .: +49 (0) 591 - 7108 670
Fax: +49 (0) 591- 7108 360
E-mail: service@kampmann.de

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following services (*): .......... .................................................. ...........................................

Item No.: ............................................. .............................................

Ordered on: .............................. Received on: .............. .................

Name of consumer (s): ......................................... .................................................. ............

Address of the consumer (s): ......................................... .................................................. ............

Signature of the consumer (only with notification on paper): ..................................... .................................................. ................

Date: ................................................ ..........................................

(*) Please delete inapplicable

 

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Further information

Order process
When you have found the item you are looking for, you can place it in the BASKET without obligation. You can view, correct and / or delete the content of the BASKET at any time using the corresponding link. If you want to buy the products in the BASKET, click the button "Proceed to the next step"; you get into the ordering process. Please then enter your details. After entering your data and selecting the payment method, you will be taken to the order page, where you can check your details and your order again. By clicking the “Buy” button, you complete the ordering process. The process can be canceled at any time by closing the browser window. You will find further information on the individual pages.

Contract language
The contract language is German.

Storage of the contract text
The text of the contract is saved on our internal systems. You can view the general terms and conditions at any time using the corresponding links on our website. The data of your order will be sent to you again by email after you have placed your order.