Terms And Conditions
General Terms and Conditions for End Customers
Hans Kniebes GmbH, represented by the managing directors
Hans-Joachim Kniebes and Hardy Kniebes, Maarweg 46, D 53619
Rheinbreitbach, registered in the commercial register at the local court of
Montabaur, HRB 12683
1. Scope
a.
All orders, deliveries, and services are provided exclusively
on the basis of these general terms and conditions. Hans Kniebes GmbH does not recognize any deviating
terms and conditions of the customer, unless
Hans Kniebes GmbH has expressly agreed to their validity
in writing.
b. We deliver to the following countries: List
2. Conclusion of contract
The information contained in catalogs, advertisements, and websites is
subject to change and non-binding and does not constitute an offer by Hans Kniebes
GmbH. By placing an order, the customer makes a binding declaration that they
wish to purchase the goods ordered. The customer is bound to this offer for 14 days
. After the order has been received, the customer will receive an
order confirmation by email. This order confirmation
does not constitute acceptance of the offer. A contract is therefore not concluded upon receipt
of this confirmation. The contract is only concluded when
Hans Kniebes GmbH expressly confirms the order within the period specified in the second sentence above
or by delivering the goods
.
3. Prices
All prices
include statutory value added tax. Shipping costs are
shown separately and are clearly indicated in the order form on
the website. (If the customer orders additional services
and no price agreement has been made, the
price specified for this service on the day of the order in
the price list of Hans Kniebes GmbH for this service shall be deemed to have been agreed
.)
4. Payment Method
Unless otherwise agreed, goods shall only be
delivered against advance payment or on account.
The customer shall be liable for any costs incurred by the supplier as a result of the customer's
failure to comply with the payment terms.
5. Delivery
Delivery will be made to the delivery address specified by the customer.
6. Retention of Title
Until payment for a delivery of goods has been settled,
Hans Kniebes GmbH retains ownership of the delivered goods.
7. Offsetting Right of Retention
Offsetting against claims other than those that are undisputed or legally established
is not permitted.
The exercise of a right of retention that is not based on a right
arising from the contract between Hans Kniebes GmbH and its customer is
not permitted.
8. Liability
Hans Kniebes
GmbH shall be liable in cases of intent and gross negligence. It shall also be liable in cases of
negligent breach of obligations, the fulfillment of which is essential for the
proper execution of the contract,
the breach of which jeopardizes the achievement of the purpose of the contract, and
on the observance of which the customer regularly relies. In the latter case, however,
it shall not be liable for unforeseeable or non-contractual
damages. The limitation period for claims under sentences 2
and 3 is two years. Hans Kniebes GmbH shall not be liable for slightly
negligent breaches of other obligations.
The above
exclusions of liability do not apply in the event of injury to life, limb, or
health. Liability under the Product Liability Act remains unaffected .
9.
Choice Of Law And Place Of Jurisdiction
German law applies, with the express exclusion
of the UN Convention on Contracts for the International Sale of Goods.
For contracts with merchants and legal entities under public law
as well as special funds under public law, Rheinbreitbach
is the exclusive place of jurisdiction for all legal disputes arising from the respective
contractual relationship.
Online dispute resolution pursuant to Art. 14 (1)
ODR Regulation
Information
on online dispute resolution: In the first quarter of
2016, the EU Commission will launch an internet platform for online dispute resolution
(known as the “ODR platform”). The ODR platform is intended to serve as a
point of contact for the out-of-court settlement of disputes
concerning contractual obligations arising from online sales contracts
. The ODR platform will be accessible at the following link
: http://ec.europa.eu/consumers/odr/ (externer
Link) find.