Table of Contents:

A. General terms and conditions
§ 1.Scope
§ 2.Conclusion of contract
§ 3.Exercise of the right of withdrawal
§ 4.Prices and terms of payment
§ 5. Delivery and shipping conditions
§ 6. Retention of title
§ 7. Liability for defects
§ 8. Liability
§ 9.Applicable law
B. Customer information
§ 1. Information on the identity of the seller
§ 2. Information on the identity of the seller
§ 3. Information on the conclusion of the contract
§ 4. Information on payment and delivery
§ 5. Information about the technical steps leading to the conclusion of the contract
§ 6. Information on the storage of the contract text
§ 7. Information about the technical means to recognize and correct input errors
§ 8. Information about the languages available for the conclusion of the contract

 

A. General Terms and Conditions of Business

 

§ 1. scope of application
1.1 These terms and conditions of KHG Krömer's Handelsgesellschaft mbh (hereinafter referred to as "Seller") apply to all contracts that the customer concludes with the Seller regarding the products and/or services presented in the Seller's online shop. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is hereby contradicted.

1.2 Customers within the meaning of clause 1.1 are both consumers and entrepreneurs. In this context, a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his commercial or independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or a partnership with legal capacity who concludes the legal transaction within the scope of his independent professional or commercial activity.

 

§ 2 Conclusion of contract
2.1 The product representations which the seller shows in the online shop are not binding offers on the part of the seller, but they serve the purpose of the submission of a binding offer by the customer.

2.2 The customer has the following options for submitting his offer: by telephone, in writing, by fax or e-mail as well as via the online order form contained in the online shop. If he chooses the latter option, clicking on the button "Submit Order", which takes place after entering his personal data in the last step of the order process, corresponds to a legally binding contractual offer with regard to the goods in the shopping cart.

2.3 The order confirmation by the seller can be in written or electronically transmitted form (by letter, fax or e-mail) or in the form of the delivery of goods within five days. The Seller has the right not to accept the order.

2.4 As a rule, contact and order processing are carried out via e-mail and automated order processing. Therefore, the customer is obliged to check the e-mail address provided by him for order processing to ensure that he can receive the e-mails sent by the seller at this address. Especially when using SPAM filters, the customer must ensure the receipt of e-mails sent by the seller or third parties commissioned by the seller with order processing.

 

§ 3 Exercise of the right of withdrawal
You are entitled to revoke the contract within fourteen days without having to give reasons. This fourteen-day withdrawal period shall begin on the day on which you or a third party commissioned by you, other than the carrier, took or has taken possession of the goods.

If you wish to exercise your right of cancellation, you must notify us at :

KHG Krömer's Handelsgesellschaft mbH - Rosa-Luxemburg-Str. 34 - 03044 Cottbus - Tel: + 49 (0) 355 869 501 87 - Fax: + 49 (0) 355 547886849 - reklamation@remoerk.de

by formulating a clear statement of your decision to revoke the contract and sending it to us in writing or electronically (i.e. by letter, fax or e-mail).

You can use the attached sample revocation form for this purpose, but you are not obliged to do so. You can also complete the form or other clear statement electronically via our website http://www.hebebuehnen-kroemer.de and send it to us. If you use this option, we will then send you a confirmation of receipt of your withdrawal (e.g. by e-mail). In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of the revocation

In the event of cancellation of the contract, we are obliged to refund all payments made by you to us, including the delivery costs - excluding additional costs arising from the fact that you have chosen a different type of delivery from that which we offered (cheapest standard delivery) - immediately within a maximum of fourteen days from the day on which we received your notice of cancellation. The method of payment for this refund will be the same as that used in the original transaction unless there is a clear agreement with you to the contrary, in which case we will not charge you any fees in respect of this refund.

The goods will be collected by us. You must pay the direct return shipping costs for the goods of 299,- EUR for private customers or 499,- EUR for commercial customers. If the return costs are lower, you only pay these costs, if the return costs are higher, we will pay the difference.

You will only be liable for a possible loss of value of the goods if this loss of value is caused by your behaviour in the course of handling the goods which is not necessary for testing their condition, properties and functionality.

 

§4. Prices and terms of payment

4.1. The prices given by the seller are final prices, i.e. they include all price components, including the statutory German sales tax. If additional delivery and shipping costs are incurred, they will be noted separately in the respective offer in the product description.

4.2. The seller offers the following payment options for deliveries within Germany if the product description of the offer does not contain any other information:

1. Prepayment by bank transfer
2. Cash payment upon pickup
3. Credit card (Mastercard/Visa) - If you pay by credit card, we charge a transaction fee of 1.9%.
4. Sofort Banking - If you pay with Sofort Banking, we charge a transaction fee of 0.95%.
5. PayPal - If you pay with PayPal, we charge a transaction fee of 1.75%.

4.3. If shipping abroad is also offered for the respective product, the seller offers the following payment options if the product description of the offer does not contain any other information:

1. Prepayment by bank transfer
2. Cash on collection

4.4. Deliveries to countries outside the European Union may incur additional costs, such as additional taxes and/or duties, such as customs duties.

4.5. If payment in advance has been agreed, payment must be made immediately after conclusion of the contract.

4.6. In the case of self-collection, the customer will first be informed by the seller by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods after consultation with the seller. In this case there are no shipping costs.

4.7. The customer only has the right to offset if the counterclaim is undisputed, legally established or recognized by the seller.

4.8. The customer can only exercise a right of retention if the claims are from the same contractual relationship.

 

§5. Delivery and shipping conditions

5.1. The goods are regularly delivered to the shipping route and to the delivery address specified by the customer. When carrying out the transaction, the delivery address specified by the seller in the order processing is decisive.

5.2. The customer shall ensure that upon delivery or suitable unloading/loading technology is available on site for the return of the goods. At least one pallet truck is required for short-stroke scissor lifts (3.0 T, 1m lifting height) and for tire mounting / tire balancing machines. For larger scissor lifts and for all 1-post, 2-post and 4-post lifts, a forklift truck - or comparable device - is required by the customer for the unloading / loading process.

5.3. If delivery to the customer is not possible, the transport company commissioned will send the goods back to the seller, and the customer must bear the costs for the unsuccessful delivery. This does not apply if the customer was temporarily prevented from accepting the service offered, unless the seller had announced the service to him appropriately in advance or if the customer thereby exercises his right of withdrawal.

5.4. The risk of accidental loss and accidental deterioration of the goods sold is generally transferred to the customer or an authorized recipient when the goods are handed over. If the customer is an entrepreneur (acting in the exercise of his commercial or self-employed professional activity; § 14 BGB), the risk of accidental loss and accidental deterioration in the case of mail-order sales passes to a suitable transport person upon delivery of the goods at the seller's place of business.

5.5. All agreed delivery periods apply to an entrepreneur subject to correct and timely delivery to the seller in cases in which the seller has concluded a specific hedging transaction and is not responsible for the lack of availability.

 

§6. Retention of title

The goods delivered by the seller remain the property of the seller until payment has been made in full.

§7. Liability for defects

If there is a defect in the purchased item, the statutory provisions apply. Notwithstanding this, the following applies:

7.1. For entrepreneurs

• an insignificant defect does not justify claims for defects,
• the seller has the choice of the type of supplementary performance,
• In the case of new goods, the limitation period for defects is one year from the passing of risk.
• In the case of used goods, the rights and claims due to defects are fundamentally excluded.
• The statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.

7.2. For consumers, the limitation period for claims for defects is

• two years from delivery of the goods to the customer for new goods.
• one year from the delivery of the goods to the customer, with the restriction of clause 7.3. for used goods.

7.3. For entrepreneurs and consumers, the above limitations of liability and limitation periods in Section 7.1 and Section 7.2 do not relate to claims for damages and reimbursement of expenses that the buyer can assert under the statutory provisions due to defects in accordance with Section 8.

7.4. In addition, the following applies to entrepreneurs: The statutory limitation periods for the right to withdraw remain unaffected according to § 478 BGB. The same applies to entrepreneurs and consumers in the event of intentional breach of duty and fraudulent concealment of a defect.

7.5. If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to examine and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

7.6. If the customer is a consumer, he should complain to the deliverer about delivered goods with obvious transport damage and inform the seller of this. If the customer does not do this, this has no effect whatsoever on his statutory or contractual claims for defects.

7.7. After supplementary performance by means of a replacement delivery, the customer is obliged to return the first delivered goods to the seller within 30 days at the seller's expense. The defective goods must be returned in accordance with the statutory provisions.

 

§8. Liability

8.1. The seller is liable without restriction for any legal reason in the event of injury to life, limb or health, in the event of intent or gross negligence, in the event of fraudulent intent and promises of guarantees and if liability is based on mandatory statutory provisions, such as the Product Liability Act.

8.2. In addition, the seller is liable for whatever legal reason as follows:

8.2.1. If the seller has negligently violated a contractual obligation (the so-called cardinal obligation), the obligation to pay compensation for property damage is limited to the foreseeable, typically occurring average damage. Essential contractual obligations are those obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.

8.2.2. If the seller has negligently violated an insignificant contractual obligation, the obligation to pay compensation is limited to the order value.

 

§9. Applicable law

9.1. The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

9.2. If the customer is a merchant, trader, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business in Cottbus. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the domicile or usual place of residence is not known at the time the action is filed. This does not affect the authority to appeal to the court at another legal place of jurisdiction in justified special cases.

9.3. The contract language is German.

 

B.Customer Information

§1. Information on the identity of the seller

KHG Krömer's Handelsgesellschaft mbH, Rosa-Luxemburg-Str. 34, 03044 Cottbus, CEO: Lars Krömer

§2. Information on the essential characteristics of the goods or service

The main features of the goods or services result from the respective product description provided by the seller.

§3. Information on the conclusion of the contract

The contract is formed in accordance with section 2 of the general terms and conditions of the seller (see above).

§ 4. Payment and delivery information

Payment is made in accordance with Section 4, delivery is in accordance with Section 6 of the Seller's General Terms and Conditions (see above) Payment is in accordance with Section 4 and delivery is in accordance with Section 6 of the Seller's General Terms and Conditions (see above)

 

§ 5. Information about the technical steps that lead to the conclusion of the contract

The contract is concluded by offer and acceptance.

5.1. If the customer uses the seller's online order form for his order, he submits his offer as follows:

5.1.1. On the seller's product range page, the customer clicks on the "Add to shopping cart" button in the first step. Then a new page will open showing the contents of the shopping cart.

5.1.2. In the second step, the customer clicks on the "Checkout" field either directly or after he has placed other goods in the virtual shopping cart. If the customer was not yet registered and logged in, a new page will open. In an intermediate step, the customer must either register again and thus open a customer account, register for a guest order or log in if he is already registered as a customer. If he is already registered as a customer, he fills in the fields "Your e-mail address" and "Your password" and then clicks on the "Login" button. If he is not yet registered as a customer, he clicks on the "Register now" button. Then he selects by clicking whether he wants to open a customer account or only place a guest order. He then fills out the form and clicks on the "Next" button. A new page then opens, which displays the billing address and the delivery address and gives you the option of changing the addresses or adding more addresses.

5.1.3. In the next step, the customer clicks on the "Next" button either directly or after editing or adding addresses.

5.1.4. A new page opens, on which the customer can select the desired payment method by clicking in the fourth step.

5.1.5. In the fifth step, the customer clicks on the “Next” button. A new page will then open, summarizing the details of the order.

5.1.6. In the sixth step, the customer clicks “I hereby accept the data protection regulations and general terms and conditions and confirm that I have read the following cancellation policy” with a mouse click.

5.1.7. In the seventh step, the customer clicks on the "Send order" button.

5.2. The acceptance by the seller takes place in accordance with clause 2.3 of the general terms and conditions of the seller (see above).

 

§6. Information on saving the text of the contract

The text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent along with the present terms and conditions and customer information. The text of the contract can no longer be read by the customer via the website after the order has been sent or the seller can be called up and viewed.

§ 7. Information about the technical means to recognize and correct input errors

Before the binding submission of the order, the customer can continuously change his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.

§ 8. Information about the languages available for the conclusion of the contract

Only the German language is available for the conclusion of the contract.