Terms & Conditions for Battery-Kutter GmbH & Co. KG
The following terms and conditions apply for all contracts made with Battery-Kutter GmbH & Co. KG, with particular regard to our online shop.
By confirming your status as an enterprise as per § 14 BGB, as a public corporation or as an entity under public law, whereby the goods are not for private use, you cannot lay claim to consumer rights.
These terms and conditions only apply for public companies and entities, such as public funds. When placing an order or describing a task, the customer accepts the terms and conditions. The following conditions apply for all contracts concluded between Battery-Kutter GmbH & Co. KG (hereafter referred to as “we”) and the customer (hereafter referred to as “you”).
Any regulations that add to or detract from these terms & conditions, especially with regard to the terms & conditions of the contractual partner, will only apply with our written consent. If there are mutually contradictory clauses, our terms & conditions take precedence.
We have the right to change the terms and conditions laid out herein for any future contracts. You will be notified about potential changes within good time. Amendments to existing contracts are excluded.
Signing a contract
The description of goods on our website, brochures, online catalogues and other such media do not constitute an offer (but rather an invitio ad offerendum). The offer of a contract is always subsequent to the customer’s order. We reserve the right to accept this within a period of 2 working days. There will be a written confirmation of acceptance for all online orders. After this period, your offer is no longer binding.
No rights of withdrawal / cancellation
The customer neither has a right to withdraw from the contract, nor does he/she have the right to cancel the order. We therefore do not accept returns. You may only return goods to us in the case of a warranty claim. See point no.7 for details.
Delivery & Packaging
We deliver using freight services using typical commercial packaging.
Any additional costs that we incur for specialised packaging will be added on to your bill.
Goods in transit are generally uninsured. If you want your dispatch to be insured, you must first reach an agreement with us. You are liable for any insurance costs.
The buyer pays the delivery costs. Only under exceptional circumstances, and in writing, can there be any kind of other arrangement.
How long you need to wait for your delivery depends on the size of your order and the destination. Please see our delivery terms.
Our service team are happy to provide you with a deadline, i.e. the latest you can expect your delivery to arrive.
The buyer is liable for the transport risk. In order to make claims for damages against the freight or courier service, we recommend you keep the original packaging.
You bear thecost of any customs duties arising from deliveries to foreign countries.
Costs arising due to non-acceptance or provision of incorrect details will be invoiced to you.
It is agreed that Hamburg is where the delivery will be loaded.
Prices and terms of payment
The agreed price does not include installation, instruction or other ancillary services. VAT is not included in the purchase price.
You can settle your invoice with cash, via a direct debit or via a bank transfer. The sum indicated on the invoice is due 10 days after it is sent. After the 10 day period you will automatically be in arrears, without the need for a written warning.
We reserve the right to check your credit worthiness.
Costs that we incur for failed payments (e.g. direct debits) will be invoiced to you.
The delivered goods remain our property until we receive payment in full.
Before such time as property is transferred to you, you are obliged to carry out any prescribed maintenance and checks.
The claims pertaining to resale of the goods that remain ours under proprietary law will be assigned to us in advance. This applies whether or not the purchased item is re-sold with or without further work done to it.
The statute of limitations for claims based on defects for new power units is one year from the transfer of risk (when the goods are handed over to the transport company). On the other hand, the legal statute of limitations for cancellation of a contract according to § 478 BGB still apply.
You are obliged to check the delivered goods for defects immediately upon receipt and to make a note of the defect. You must send a written description of the defect within a week after the goods are received. If you do not meet this condition, you will lose your entitlement.
When notifying us of a defect, you are obliged to send us the goods or individual parts in question with a precise description of the problem.
If the defect of a delivered item is rightfully established, we reserve the right to decide whether to repair the item or to send a new replacement. The costs of disassembly and assembly of replacements are paid by the customer.
We are not exposed to any kind of liability that is not covered by the Product Liability Act – covering malicious intent, gross negligence, injuries to body and health, transfer of warranted properties, intentional concealment of a defect or infringement of significant contractual conditions. However, damages arising from infringement of significant contractual conditions is limited to standard contractual foreseeable damages - unless it is a case of malicious intent or gross negligence. Changes to the burden of proof to your disadvantage do not apply in this instance.
Our webpages man contain hyperlinks pointing to the websites of third parties. Since we have no influence on the form or content of the linked sites, we cannot bear any responsibility for their content, nor do we have any ownership of the content in question. Therefore you use them at your own risk.
No offsetting of claims permitted
Offsetting, such as a right of retention, can only be made to apply with respect to us insofar as the claims are uncontested or where legal judgement has already been passed.
§ 312e I S. 1 No. 1 - 3 BGB
§ 312e I S. 1 Nr. 1 - 3 of the German Civil Code does not apply.
Free disposal of used batteries
According to the legal provisions of the Battery Law, you are entitled to return batteries you have bought from us. We will dispose of them in an appropriate way.
Legal basis and place of jurisdiction
The law in the Federal Republic of Germany is the sole applicable law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Hamburg is the sole place of jurisdiction.
Amendments and additions to this contract must be made in writing. This also applies to changing this written clause.
Published: 11th April 2017