General Terms and Conditions
1. Scope
The following GTCs apply to all orders placed through our online shop through consumers and companies.
A consumer is any natural person who concludes a legal transaction for purposes not primarily associated either with their commercial or independent professional activities. A company is any natural or legal entity or legally capable partnership that carries out its commercial or independent professional activities by concluding a legal transaction.
These GTCs shall apply to future business relationships with companies, even if we do not refer to them specifically. If the company has any contrary or supplementary General Terms and Conditions, then we hereby reject their validity; they will only be considered a component of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract
The purchasing agreement shall be concluded with “cadKat” and “EuroTrax” Sonderkonstruktionen GmbH. By placing products in our online shop, we provide a binding offer to conclude a contract for these goods. You can place our products in your shopping basket. This is non-binding, and you may correct your information before sending your binding order at any time by using the correction methods provided and explained during the ordering process. The contract shall come into being when you click the Order button to accept the offer for the goods in your shopping basket. Directly after you send your order, you will receive another confirmation via e-mail.
3. Contractual language, storing the text of the contract
The contract shall be concluded in German.
We will save the text of the contract and send you the order data and our GTCs via e-mail. You can view the text of the contract in our customer login.
4. Delivery conditions
Shipping costs shall be charged in addition to the indicated product prices. Further information on shipping cost amounts shall be provided with the offers.
In general, you may pick up goods from "cadKat"- and "EuroTrax" Sonderkonstruktionen GmbH, Redderkoppel 9A , 24159 Kiel, Germany during the following business hours: 8:30-12:00 AM and 12:30-3:00 PM.
We do not deliver to parcel stations.
Deadlines and terms indicated by the seller are non-binding, unless otherwise expressly agreed in writing. Delivery and service delays due to force majeure and events that make it much more difficult or impossible for the seller to complete the delivery - including subsequent difficulties in obtaining materials, operational disruptions, strikes, lockouts, lack of personnel, lack of transportation, official orders, etc. - even if these are experienced by the seller’s suppliers or subcontractors, shall not be the responsibility of the seller, even for binding and agreed deadlines. Such circumstances shall entitle the seller to delay the delivery by the duration of the issue, plus an appropriate start-up time, or to withdraw from the agreement in whole or in part in relation to the part that has not yet been fulfilled. If the circumstances last longer
than three months, then the purchaser is entitled to withdraw from the agreement in whole or in part in relation to the part that has not yet been fulfilled, after setting a reasonable grace period. Further claims, in particular claims for damages of any kind, are excluded. Reasonable partial deliveries and common deviations in quality, colour, equipment, dimensions, etc. are permitted.
5. Transfer of risk
Unless otherwise expressly agreed in writing, the supplier shall select the packaging and shipping method at its own discretion. Even if free delivery is agreed, the risk shall be transferred to the purchaser once the shipment is handed over to the person carrying out transport, or once it has left the seller’s warehouse for the purpose of shipment. If the shipment is impossible through no fault of the seller, then risk shall be transferred to the purchaser with the notification that goods are ready to ship.
6. Payment
In general, the following payment options are available in our shop: Advance payment:
If you select the advance payment option, we will provide our banking information in a separate e-mail, and will deliver goods after we receive payment.
PayPal:
You will be linked to the website of the online payment provider PayPal during the ordering process. To pay the invoice amount via PayPal, you must be registered on the site, authenticate your identity with your login details and confirm your payment to us.
After you submit your order in the shop, we will request that PayPal initiate the payment transaction. PayPal will then execute the payment transaction immediately afterwards. Further information will be provided during the ordering process.
Credit card:
Payment can be made online by credit card. All payments will be settled in EUR. We accept the following: Mastercard, Visa.
Your payment details will be encrypted to maximise security. Authority will be requested at the time of payment at the checkout. Your account will be automatically charged for your order once it has been acknowledged. Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
cadKat und EuroTrax GmbH reserves the right to cancel any order received and refund the total value of the order to the cardholder.
Payment by invoice:
Unless otherwise expressly agreed, the following payment conditions apply:
Our invoices shall be due for payment net directly after you receive the delivery. For certain goods, a reasonable advance payment may be required when the contract is concluded. These include, in particular, labour-intensive items that are only manufactured in small batches. If a payment deadline is given, then monthly default interest at the interest rate charged by commercial banks for open overdraft loans shall be charged once this deadline has been exceeded by 10 days. Payments received shall always be used first to pay the oldest receivables due and any resulting costs and interests. Payments shall be considered completed once the seller can dispose over the amount paid. The purchaser is only entitled to offset, retain or reduce claims if the seller has expressly agreed to this in writing, even if counter-claims are asserted. Failure to comply with payment conditions or any circumstances that put the creditworthiness of the purchaser into doubt shall result in all claims of the seller becoming due and payable immediately.
Furthermore, the seller is entitled to require advance payments for any outstanding deliveries and to withdraw from the agreement after a reasonable notice period or request damages due to failure to fulfil the contract, as well as to prohibit the purchaser from re-selling the goods and reclaiming goods that have not yet been paid, at the purchaser's cost.
Payment for custom-made products
Upon request by the customer, the seller shall manufacture goods deviating from the batch produced design. When it does so, half of the invoiced amount shall be due immediately without discounts when the customer issues the order. After the custom-made products are completed, the second half shall be due without discounts before they are shipped. In every case, goods shall be shipped or transferred only after payment is made in full.
7. Retention of ownership
Goods shall remain our property until full payment is received.
The following also applies to companies: We reserve ownership to the goods until all receivables are paid from our ongoing business relationship. You may re-sell the reserved goods during the normal course of business; all receivables resulting from this resale shall be assigned to us in advance - regardless of whether the reserved goods are combined or mixed with any new goods - in the amount of the invoice, and we hereby accept this assignment. You will remain entitled to collect the receivables, however we may also collect the receivables ourselves if you do not fulfil your payment obligations.
8. Damage in transit
The following applies for consumers:
If goods are delivered with obvious damage from transit, then please submit a complaint as soon as possible to the delivery company and contact us promptly. Please have the driver confirm the damage. If possible, failing to submit a complaint or contact us shall have no consequences for your legal claims and their enforcement, in including your warranty rights. However, they do help us to assert our own claims against the freight company or transportation insurance.
The following applies to companies:
The risk of accidental destruction and deterioration shall be transferred to you once goods are handed over to the freight forwarder, cargo company or other person or company commissioned to carry out the delivery. The duties of inspection and notification regulated in Sec. 377 HGB (German Commercial Code) apply to merchants. If you do not submit the notification required there, then goods shall be considered approved unless the defect was not discernible during the inspection. This shall not apply if we have intentionally concealed a defect.
9. Warranty and guarantees
Unless otherwise expressly agreed in the following, statutory defect liability rights apply. The limitation period for defect claims for the consumer for used goods is one year from delivery of the goods.
For companies, the limitation period for defect claims is one year from the transfer of risk; statutory limitation periods for recourse claims in accordance with Sec. 478 BGB (German Civil Code) shall remain unaffected.
Only the information we provide and product descriptions from the manufacturer included in the contract shall be considered agreements on the characteristics of the goods to companies; we shall not accept liability for any public statements by the manufacturer or other advertising claims.
If the delivered goods are defective, then we will fulfil the warranty towards companies initially, at our discretion, by correcting the defect (correction) or by delivering goods that are free from defects (replacement delivery).
Information on any supplementary guarantees and their exact conditions are provided with the specific product and on special informational pages in our online shop.
Warranty claims are excluded if the goods have been modified through installations or conversions by the purchaser or third parties. The warranty shall not apply to normal wear and tear or damages caused by improper handling. Transportation and travel costs incurred in conjunction with the repair or replacement delivery shall be borne by the purchaser.
Customer service: You can contact our customer service for questions, complaints and claims on business days between 9:00 AM and 3:00 PM at phone number +49-(0)431-395887 or by e-mail to info@cadkat.de.
Warranty for custom-manufactured goods
If specialised designs are manufactured at the request of the customer in accordance with sketches, drawings or other customer templates, then the customer shall bear sole responsibility for the function of said products. Custom-manufactured goods agreed upon with the customer in advance cannot be returned. In particular, the customer shall bear the obligation of due diligence when using the custom-manufactured goods. In this context, please note that the seller’s goods are not designed for motorised use, whether via motorised winches or motorised vehicles.
10. Retention of ownership
Deliveries shall remain the property of the supplier until full payment is received, even if the purchase price has been paid for specially designated receivables. For running accounts, the reserved ownership of deliveries (reserved goods) shall be considered a security for the supplier's account balance. The supplier must be notified promptly of seizure or confiscation of the reserved goods by third parties. Any resulting intervention costs shall be borne by the purchaser in every case. If the supplier exercises its right of retention by taking back the reserved goods in accordance with the above provisions, then it is entitled to freely sell or auction the goods. Reserved goods shall be taken back at their profits generated, and at most at the agreed delivery prices. We reserve the right to make further claims for damages, in particular for lost profits.
11. Liability
If we violate significant contractual obligations, the fulfilment of which makes it possible to properly carry out the contract and the fulfilment of which the contractual partners should regularly be able to expect (cardinal obligations) through simple negligence by us, our agents or statutory representatives, then the amount of liability shall be limited to damages that were foreseeable when the contract was concluded and that are typically expected. Other claims for damages shall be excluded.
12. Default of acceptance
The purchaser shall pay warehousing costs typical for goods of this type for the duration of the default of acceptance. The seller is entitled to handle warehousing itself, or through a freight forwarder.
13. Applications of our products
Our products are not licensed for use on public roads and/or for motorised use.
14. Dispute resolution
The European Commission provides a platform for online dispute resolution, which you can access here https://ec.europa.eu/consumers/odr/.
We are not obligated and not prepared to take part in dispute resolution proceedings before a consumer arbitration board.
15. Place of fulfilment and place of jurisdiction
Kiel shall be the place of fulfilment and place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
16. Partial invalidity
If a provision of these General Sales and Delivery Conditions, or a provision of any other agreement is invalid, this shall not affect the validity of all other agreements.
17. Final provisions
If you are a company, then German law applies, excluding UN Sales Law.
If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a public law special fund, then the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and yourself shall be our headquarters.
Kiel, January 2019
"cadKat"- and "EuroTrax" Sonderkonstruktionen GmbH
Redderkoppel 9A
24159 Kiel
GERMANY
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