GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
Katja Kusch, Onlineshop Kabel Kusch, Dorfstraße 63 - 65, 44143 Dortmund, Germany,
Tel. 0231 25 72 41 Fax: 0231 25 23 99
Business hours: Mon. - Thurs. 8.00 - 16.00 Friday 8.00 - 14.30
VAT ID: DE 813 508 177
Online platform (OS platform) for out-of-court dispute resolution
As an online merchant, we [Kusch@kabel-Kusch.de] are obliged to inform you about the online dispute resolution platform (OS)
of the European Commission. This can be accessed via the following Internet address: http://ec.europa.eu/consumers/odr/
§ 1 Scope, written form
1.1 Our general terms and conditions apply exclusively. They apply to entrepreneurs (§ 14 BGB), legal entities under public law and special
funds under public law. Deviating general terms and conditions of the contractual partner shall not be recognized by us unless we have agreed
to their validity in writing. Our general terms and conditions shall apply even if we are aware of deviating general terms and conditions of the
contracting party and make the delivery to the latter without reservation.
1.2 All agreements made between us and the contractual partner for the purpose of executing this contract shall be set down in writing in this contract.
This shall apply in particular to the assumption of warranty declarations.
1.3 These terms and conditions shall also apply to all future business relations with the contracting party, even if they are not again explicitly
mentioned in agreements.
1.4 It is agreed in accordance with § 312 i para. 2 sentence 2 BGB (German Civil Code) that the customer is obliged to comply with the duty to
inform in electronic business transactions according to § 312 i para. 1 no. 1 - 3 BGB.
§ 2 Offers, Conclusion of Contract, Contractual Documents, Content of Contract
2.1 Our offers are subject to confirmation. We can accept contract offers within one week.
2.2 Illustrations and information in advertising documents and other representations are non-binding.
2.3 We reserve the property rights and copyrights to illustrations, drawings, calculations and other files or documents,
They may not be made accessible to third parties. This shall apply in particular to such files or documents which are marked as "confidential".
This applies in particular to those files or documents which are marked as "confidential"; the contractual partner must obtain our
written consent before passing them on to third parties.
2.4 In the absence of other agreements, the agreed drawings, samples, descriptions and other documents shall be deemed to be technical
contractual documents. The customary material standards, designations and DIN tolerances shall be authoritative for raw materials.
Weight specifications are non-binding in this matter.
§ 3 Prices, Terms of Payment, Early Payment, Right of Withdrawal, Default,
Repossession, Right of Retention, Set-Off, Counterclaim.
3.1 Unless otherwise stated in the order confirmation, all prices shall be ex warehouse (in the case of goods in stock) in Euro, exclusive of
packaging, freight, insurance, customs duties or other ancillary costs, plus the applicable value added tax. In case of agreed
delivery shall be made free kerbside at the agreed unloading point. In this case, the customer is obliged, in order to ensure smooth unloading,
to provide the unloading, the customer shall be obliged to provide the personnel and equipment required for unloading in good time and at his own
expense. It is provided that the vehicle can drive directly to the place of unloading and can be unloaded without delay. If these If these conditions are
not met, any additional costs incurred shall be charged separately.
3.2 The price list valid on the date of the order shall apply to orders. If material prices or wages increase between the date of the order and the date
of delivery, we reserve the right to adjust our prices accordingly.
3.3 Unless otherwise agreed, payment shall be made in advance by bank transfer or by invoice. If delivery beforehand has been agreed, payment
shall be made within 30 days of the invoice date without deduction.
3.4 We are not obliged to accept payment by check or bill of exchange.If we accept such, this shall only be on account of performance.
3.5 If the contracting party is in arrears with at least two instalments in the case of partial payments, we shall be entitled to call due the entire
claim, including from other invoices, even if checks or bills of exchange have been accepted. In this case the papers are returned against
immediate cash payment.
3.6 If, after the conclusion of the contract, a significant change or deterioration in the financial situation of the contracting party occurs which
which endangers our claim to counter-performance, or if such a situation of the contracting party already existed at the time of the conclusion,
but only became known afterwards, we may refuse our performance until the counter-performance has been effected. This shall apply in
particular to cases in which unsuccessful compulsory enforcement measures, bill protest, check protest, personal insolvency, etc. have occurred.
In such cases, we may grant the contractual partner a deadline for the provision of the counter-performance or for the provision of security in such
cases. If, under the aforementioned conditions the counter-performance or security is not provided despite the setting of a deadline,
we shall be entitled to withdraw from the contract.
3.7 If the contracting party is in default of payment, we shall be entitled, unless the setting of a grace period is dispensable according to law,
to take back the goods after expiry of a grace period set by us.We may also prohibit the removal of the delivered goods.
3.8 If goods delivered by us are taken back, these goods shall be credited to the contracting party with an appropriate deduction, without prejudice
to the assertion of further claims for damages. Such goods shall be credited to the contracting party with an appropriate deduction and set off against
our outstanding claim. The contracting party shall be entitled to prove a lower reduction in value in individual cases.
3.9 Our claims may only be offset against undisputed or legally established claims. The counterclaim is excluded. The contracting party shall only
be entitled to assert a right of retention insofar as its counterclaim is based on the same contractual relationship.
§ 4 Exemption from performance, delivery time, partial delivery, right of withdrawal,
damage caused by delay
4.1 Timely and correct self-delivery is reserved.
4.2 The delivery period shall commence on the date of the order confirmation. Partial deliveries shall be permissible insofar as they are reasonable.
4.3 Delays in delivery due to force majeure or other circumstances for which we are not responsible, in particular traffic disruptions, strikes, lockouts,
shortage of raw materials, war, we shall not be responsible, unless otherwise agreed. If in this case we are unable to deliver within the agreed
delivery period, the delivery period shall be extended accordingly. If in this case, there is an obstacle to delivery beyond the reasonable
extended delivery period, we shall be entitled to withdraw from the contract.
4.4 If we are unable to meet the agreed delivery time, the customer shall be obliged, at our request, to declare within a reasonable period of time
whether he still insists on delivery. If he does not declare, we shall be entitled to withdraw from the contract or to rescind the contract after a
reasonable period of time.
4.5 If we are in default, the following shall apply:
4.5.1 If there is a transaction for delivery by a fixed date or if the contracting party can claim that its interest in the performance of the contract has
ceased to exist or if the delay is due to an intentional breach of contract for which we, our representatives or vicarious agents are responsible, we
shall be liable for the breach of contract for which we are responsible. We shall be liable for damages caused by delay in accordance with the statutory
provisions. In the case of a negligent breach of contract for which we are responsible our liability for damages caused by delay
shall be limited to foreseeable, typical occurring damage.
4.5.2 If we, our representatives or our vicarious agents have breached a material contractual obligation and if there is no case of liability pursuant to
statutory provisions within the meaning of Section 4.5.1, our liability for damage caused by delay shall be limited to the foreseeable damage typically
4.5.3 In other cases, our liability for damages caused by delay shall be limited to a maximum of 5% of the delivery value.
4.5.4 The other statutory claims of the contractual partner are not excluded hereby.
§ 5 Transfer of risk
Unless otherwise stated in the order confirmation, delivery shall be "ex works" and in the case of goods in stock "ex warehouse". The shipment
shall always be effected, even in the case of delivery from a place other than the place of performance - even in the case of carriage paid delivery
and / or delivery by own or vehicles - at the risk of the customer.
§ 6 Claims for defects
6.1 Delivered goods shall be inspected by the customer immediately after delivery, insofar as this is possible in the ordinary course of business.
If a defect becomes apparent, we must be notified immediately. If the customer fails to notify us of the defect, the goods shall be deemed to be
approved, unless it is a defect that was not recognizable during the inspection. If such a defect becomes apparent later the notification must be made
immediately after discovery, otherwise the goods shall be deemed to have been approved, 377 HGB remains unaffected. The
customer shall not be released from his obligation to inspect the goods even in the event of recourse by the entrepreneur pursuant to § 478 BGB.
If in such cases he does not immediately report the defect asserted by his customer, the goods shall also be deemed to have been approved in view
of this defect.
6.2 Insofar as a defect exists, we shall be entitled, taking into account the nature of the defect and the justified interests of the customer,
to determine the type of subsequent performance. Subsequent performance shall be deemed to have failed in these contracts after the third
unsuccessful attempt. This clause shall not apply in the case of recourse pursuant to § 478 BGB.
6.3 In the event of subsequent performance in the case of defects, we shall only be obliged to pay the expenses required for this purpose, in particular
transport, travel, labor and material costs, insofar as these are not increased by the fact that the item was delivered to a place other than the
registered office or the commercial establishment of the customer to which delivery was made. This clause shall not apply in the event of
recourse pursuant to § 478 BGB.
6.4 The customer's claims for defects, including claims for damages, shall become
statute-barred after one year. This does not apply in the case of recourse according to § 478 BGB, this shall furthermore not apply in the cases of
§§ 438 para. 1 no. 2 BGB as well as § 634a para. 1 no. 2 BGB. This shall also not apply to claims for damages due to injury to life, body or health or
due to a grossly negligent or wilful intentional breach of duty by us or our vicarious agents. In the case of § 438 I No. 2 b BGB (items for buildings),
the limitation period for the claims of the contractual partner shall become time-barred after 2 years. The sale of used items shall be made to the
exclusion of any claims for defects.
§ 7 Liability for damages and reimbursement of expenses
7.1 In the event of our contractual liability for damages, the following shall apply:
7.1.1 If the claims are based on an intentional breach of duty by us, our representatives or our vicarious agents, we shall be liable for damages in
accordance with the statutory provisions. If the claims are based on a grossly negligent breach of duty by us our representatives or vicarious agents,
liability shall be limited to the foreseeable, typically occurring damage.
7.1.2 If we or our representatives or vicarious agents have culpably breached an obligation, the fulfilment of which is a prerequisite for the proper
performance of the contract, the breach of which jeopardizes the attainment of the purpose of the contract and the observance of which the
customerand on the observance of which the customer regularly relies - and there is no case of liability according to the statutory provisions within
the meaning of section 7.1.1. liability shall be limited to the foreseeable, typically occurring damage.
7.1.3 Unless otherwise stipulated in clauses 7.1.1. and 7.1.2. our liability for damages shall be excluded. The same shall also apply insofar as claims
under a right of recourse are asserted against us as suppliers pursuant to § 478 BGB.
7.2 The exclusions and limitations of liability under clause 7.1. shall also apply to other claims, in particular tortious claims or claims for
reimbursement of futile expenses instead of performance.
7.3 The exclusions and limitations of liability under Section 7.1 shall not apply to any existing claims pursuant to §§ 1, 4 of the German Product
Liability Act (Produkthaftungsgesetz) or due to culpable Product Liability Act or for culpable injury to life, limb or health. They shall also not
apply insofar as we have assumed a guarantee for the quality of our goods or a performance success or a procurement risk and the case of
guarantee has occurred or case of warranty has occurred or the procurement risk has materialized.
7.4 We shall only be liable for the assumption of a procurement risk if we have expressly assumed the procurement risk in writing.
7.5 Unless the limitation of liability according to clause 7.1. applies in the case of claims arising from manufacturer's liability according to § 823 BGB
(German Civil Code), our liability shall be limited to the compensation of the insurance. Insofar as this does not occur or does not occur completely,
we shall be liable up to the amount insured. This clause shall not apply in the event of culpable injury to life, limb or health.
7.6 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, representatives and
vicarious agents, employees and representatives.
7.7 There is a special provision for damage caused by delay in Art. 4 No. 4.5.
7.8 A reversal of the burden of proof is not associated with the above provisions.
§ 8 Supplementary and deviating provisions for international contracts
8.1 If the customer has its place of business outside of Germany, the following provisions shall apply:
8.1.1 We shall not be liable for the permissibility of the use of the delivered goods as stipulated in the contract in accordance with the regulations of
the recipient country. We shall likewise not be liable for any taxes incurred there.
8.1.2 We shall not be liable for obstacles to delivery caused by government measures, in particular import or export restrictions.
8.2 If the customer has its place of business outside the Federal Republic of Germany and the United Nations Convention on Contracts for the
International Sale of on Contracts for the International Sale of Goods (CISG, Vienna UN Convention on Contracts for the International Sale of Goods)
as amended from time to time shall apply, the following provisions shall also apply the following provisions shall also apply:
8.2.1 Amendments to or terminations of the contract must be made in writing.
8.2.2 Instead of Art. 6 and 7 the following shall apply:
22.214.171.124 We shall be liable to the customer for damages in accordance with the statutory provisions only if a breach of contract is due to a fault on our
part of our representatives or on the part of our vicarious agents. We shall also be liable in accordance with the statutory provisions if we are in breach
of a material contractual obligation.
8.2.2 If delivered purchased goods are not in conformity with the contract, the customer shall only be entitled to rescind the contract or to a
replacement delivery, if claims for damages against us are excluded or if it is unreasonable to expect the customer to utilize the goods
and to assert the remaining damage. In such cases, we shall first be entitled to remedy the defect. If the removal of the defect fails and/or leads to an
unreasonable delay, the customer shall be entitled, at his discretion, to declare the contract or to demand a replacement delivery. The customer shall
also be entitled to do so if the removal of the defect is an unreasonable inconvenience or if there is uncertainty about the reimbursement of any
expenses incurred by the customer.
§ 9 Retention of Title
9.1 The ownership of the delivered goods shall remain with us until receipt of all payments arising from the contract or, in the case of an ongoing
business relationship, until receipt of all payments arising from the contract. This shall also apply if our claims have been included in a current
account and the balance has been struck and acknowledged as well as for future claims.
9.2 The customer is obligated to handle the delivered goods with care, in particular to store them properly; furthermore, he is obligated to protect
them at his own expense against at his own expense against fire, water and theft damage at replacement value.
9.3 In the event of seizures and other interventions by third parties, the customer shall immediately notify us in writing in order to protect our rights
(e.g. action under § 771 ZPO) in writing without delay. Insofar as the third party is not in a position to reimburse us for the judicial or extrajudicial
costs of an action pursuant to § 771 ZPO (German Code of Civil Procedure), the customer shall be liable for the loss incurred by us.
9.4 The customer shall be entitled to resell and use delivered goods in the ordinary course of business; however, he hereby assigns to us all claims
to which he is entitled from the resale-all claims accruing to his customers or third parties in the amount of the value of the goods subject
to regardless of whether the delivered goods have been resold without or after processing.The value of the reserved goods shall be the final invoice
amount agreed with us (including VAT). If the resold goods subject to retention of title are in our co-ownership, the assignment of the claims shall
extend to the amount corresponding to our share in the co-ownership. The customer shall not be entitled to dispose of the goods in any other way, in
particular to pledge or assign them by way of security. However, we undertake not to collect the receivable as long as the customer obligations from
the collected proceeds, is not in default of payment and, in particular, has not filed for insolvency proceedings or payments have been suspended.
However, if this is the case, we may demand that the customer of the assigned claims and their debtors, to provide all information necessary for
collection, to hand over the associated documents and informs his debtor of the assignment.
9.6 The processing or transformation of the delivered goods by the customer shall always be carried out for us.The expectant right of thecustomer's
expectant right to the delivered goods shall continue in the transformed item. If the delivered goods are further processed with other objects that do
not belongto us, we shall acquire co-ownership of the new item in the ratio of the objective value of the delivered goods to the other processed items.
The same shall apply to the object created by processing as to the goods delivered under reservation.
9.7 If delivered goods are inseparably mixed, blended or combined with other objects not belonging to us, we shall acquire co-ownership of the new
object. If the transaction takes place in such a way that the customer's item is to be regarded as the main item, it is it is hereby agreed that the
customer shall transfer to us a proportionate co-ownership and shall keep the sole or co-ownership in safe custody for us free of charge.
9.8 The customer also assigns to us those claims to secure our claims against him in the amount of the value of the reserved goods with all ancillary
rights and priority over the rest. The value of the goods subject to retention of title, with all ancillary rights and priority over the rest, which he acquires
by combining the goods subject to retention of title as an essential component with a property, ship, ship structure or aircraft of another party against
a third party. Art. 9 No. 4 sentences 2 and 3 shall apply accordingly.
9.9 The customer also assigns to us those claims to secure against him in the amount of the value of the reserved goods with all ancillary rights and
priority over the rest. Value of the goods subject to retention of title, with all ancillary rights and priority over the rest, which he acquires in the event
of the sale of his own property, ship, ship under construction or aircraft, with which he has connected the reserved goods as an essential
component, to a third party. Art. 9 item 4 sentence 2 and 3 shall apply accordingly.
9.10. We undertake to release the securities to which we are entitled at the customer's request insofar as the realizable value of our
securities exceeds the claims to be secured by more than 10% or the nominal amount by more than 50%.
§ 10 Applicable law, place of performance, place of jurisdiction
10.1 This contract shall be governed by the laws of Germany.
10.2 The place of performance for all services arising from this contract is Dortmund.
10.3 In the case of contracts with merchants, legal entities under public law, special funds under public law and foreigners, who do not have a
domestic place of jurisdiction, the place of jurisdiction shall be Dortmund. However, we reserve the right to take legal action at the customer's place
§ 11 Miscellaneous
Should any provision of this contract be or become invalid, this shall not affect the validity of the other provisions of this contract shall not be affected.
Information on data protection according to EU-DSGVO
Our company regularly checks your creditworthiness when concluding contracts and, in certain cases where there is a legitimate interest, also in the
case of existing customers. For this purpose, we work together with Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss,
from which we receive the data required for this purpose.
On behalf of Creditreform Boniversum, we inform you in advance of the following information in accordance with Art. 14 EU-DSGVO:
Creditreform Boniversum GmbH is a consumer credit agency.
It operates a database in which creditworthiness information on private individuals is stored. On this basis, Creditreform Boniversum issues
creditworthiness reports to its customers. Clients include, for example, credit institutions, leasing companies, insurance companies,
telecommunications companies, mail order, wholesale and retail companies, and other companies that supply goods or services.
Within the scope of the statutory provisions, some of the data in the information database is also used to supply other companies, e.g. for address
In the Creditreform Boniversum database, information is stored in particular on the name, address, date of birth, if applicable, the e-mail address,
the payment history and the shareholdings of persons. The purpose of processing the stored data is to provide information about the creditworthiness
of the person inquired about. The legal basis for the processing is Art. 6 para. 1f EU-.DSGVO. Accordingly, information about this data may only be
provided if a customer credibly demonstrates a legitimate interest in knowing this information in a credible manner. If data is transferred to countries
outside the EU, this is done on the basis of the so-called "Standard Contractual Clauses", which you can find under the following link:
The data will be stored as long as their knowledge is necessary for the fulfillment of the purpose of storage. As a rule, knowledge is necessary for
an initial storage period of three years. After expiry, a check is made. If this is not the case, the data will be deleted on a daily basis. In the event that a
matter has been resolved, the data is deleted on a daily basis three years after settlement. Pursuant to Section 882e of the German Code of Civil
Procedure (ZPO), entries in the list of debtors are deleted three years after the date of the entry order. Legitimate interests within the meaning
of Art. 6 (1f) EU-DSGVO may be: credit decision, business initiation, shareholding, claim, credit assessment, insurance contract, Enforcement
information. You have a right to information from Creditreform Boniversum GmbH about the data stored there about you. As far as the data stored
about you is incorrect, you have the right to have it corrected or deleted. If it cannot be determined immediately whether the data is incorrect or
correct, you have a right to block the respective data until clarification. If your data is incomplete, you may request that it be completed.
If you have given your consent to the processing of the data stored by Creditreform Boniversum you have the right to revoke this consent at any time.
The revocation will not affect the lawfulness of the processing of your data based on your consent until a possible revocation.
If you have any objections, requests or complaints regarding data protection, you can contact the data protection officer of Creditreform Boniversum
at any time. He or she will help you quickly and confidentially with all data protection issues. You can also complain about the processing of data by
Boniversum to the state data protection commissioner responsible for your federal state.
The data that Creditreform Boniversum has stored about you originates from publicly accessible sources, from debt collection companies and
from their customers. In order to describe your creditworthiness, Creditreform Boniversum calculates a score value for your data.
The score value includes data on age and gender, address data and, in some cases, payment experience data. These data flow with different
weighting in the score calculation. Creditreform Boniversum clients use the score values as an aid in making their own credit decisions.
Right of objection:
The processing of the data stored by us is carried out for compelling reasons worthy of protection of creditors and credit protection, which
regularly outweigh your interests, rights and freedoms are regularly overridden or serves the assertion, exercise or defense of legal claims.
Only in the case of reasons arising from a special situation existing with you and which must be proven you can object to the processing of your data.
If such special reasons can be proven, the data will no longer be processed. If you object to the processing of your data for advertising and marketing
purposes, the data will no longer be processed for these purposes.
The responsible party within the meaning of Art. 4 No. 7 EU-DSGVO is Creditreform Boniversum GmbH, Hellersbergstr. 11, 41460 Neuss, Germany.
Your contact person in our company is the Consumer Service, Tel.: 02131 36845560, Fax: 02131 36845570, E-Mail: firstname.lastname@example.org.
You can reach our data protection officer at the following contact details: Creditreform Boniversum GmbH, Data Protection
Valid since April 2018
For private customer:
For business clients:
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