I. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following terms and conditions of business apply to contracts which you enter with us as a supplier (Ecochimprom GMBH Berlin) via the website www.kw-filter.com, unless an amendment is agreed in writing between the parties. Deviating or conflicting terms and conditions are only valid with our explicit consent.
(2) We offer our products for sale only if you are a natural or legal person or a partnership with legal capacity which, at the time of conclusion of the legal transaction, acts in the exercise of its commercial or independent professional activity (entrepreneur). A conclusion of contract with consumers is excluded.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. The essential characteristics of the goods are to be found in the respective quotation.
(2) Our offers and quotations on the website in the Internet are non-binding for entering in a contract.
(3) You can submit a binding offer to enter in a contract (order) by telephone, e-mail, fax or post.
(4) The acceptance of the offer (and thus the entering into the contract) takes place immediately when ordering by telephone or within 5 days at the latest by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you do not receive a corresponding message within this period, you are no longer bound to your order. In this case, any services already rendered will be refunded immediately.
(5) On request, we will provide you with an individual offer, which will be sent to you in text form and to which we shall be bound for 30 days in case that nothing different is mentioned in our written quotation. You accept the offer with confirmation in text form.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e- mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Prices, terms of payment and shipping costs
(1) The prices quoted in the respective quotations as well as the shipping costs are net prices. They do not include the statutory value added tax.
(2) The shipping costs incurred are not included in the purchase price; they are calculated separately unless delivery free of shipping costs has been promised. Further details can be found under an appropriately designated button on our website or in the respective quotation.
(3) If delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees of credit institutions), which are to be borne by you.
(4) Any costs incurred in the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was arranged outside the European Union.
(5) You have the payment options shown under an appropriately designated button on our website or in the respective offer. If no other payment period is indicated for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permissible if expressly stated in the respective offer or invoice.
§ 4 Terms of delivery
(1) The expected delivery period is stated in the respective quotation. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. In the case of payment in advance by bank transfer, the goods will only be dispatched after we have received the full purchase price and the shipping costs.
(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately of the non-availability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) Shipment is at your risk. If you so wish, the goods will be shipped with appropriate transport insurance, whereby the costs arising from this are to be borne by you.
(4) Partial deliveries are permissible and can be invoiced by us independently, provided that you are not charged additional costs for the shipment.
§ 5 Warranty
(1) The warranty period is one year from delivery of the item. The shortening of the period shall not apply:
(2) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(3) In the event of defects, we shall provide a warranty at our discretion either by rectification of the defect or by subsequent delivery. If the rectification of the defect fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. After a second unsuccessful attempt, the rectification of defects shall be deemed to have failed, unless something else results from the nature of the item or the defect or other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by taking the goods to a place other than the place of performance, unless the transfer is in accordance with the intended use of the goods.
§ 6 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. If you do not properly fulfil your payment obligations, however, we reserve the right to collect the claim ourselves.
(4) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply to the exclusion of the UN Sales Convention.
(2) Place of performance and place of jurisdiction shall be our registered office if you are a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.
II Customer information
1. identity of the seller
Ecochimprom GMBH Berlin
Am Priestergraben 13
15711 Königs Wusterhausen Germany
Phone: +49 322 221 324 67
2. information on the entering into the contract
The technical steps for the entering into the contract and the entering into the contract itself are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. contract language, contract text storage
3.1 The contractual language is German if the opposite is not mentioned in the quotation.
3.2 The complete text of the contract is not stored by us. Before sending the order or enquiry, the contract data can be printed out or electronically saved using the print function of the browser.
These General Terms and Conditions have been drawn up by the lawyers of the Händlerbund specialising in IT law and are permanently checked for legal conformity. Original text in German language. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.
last update: 23.10.2019