General Terms and Conditions
Valid from 01.01.2023
Dear customer,
Dear customer,
Thank you for choosing us. We look forward to working with you and endeavour to process all orders to your complete satisfaction. Nevertheless, we ask you to observe our following General Terms and Conditions of Business and Delivery (GTCs).
I. Applicability
Our GTCs apply to all contracts that we conclude with you or will conclude with you in the future. They are deemed to have been agreed and accepted by your signature on our order confirmation and/or by acceptance of the goods. If you have general terms and conditions, these shall not apply, even if we have not expressly objected to them. Verbal agreements must be confirmed by us in writing.
II Conclusion of contracts
Our offers are subject to change and non-binding. This also applies if we have provided you with catalogues/product sheets and/or product descriptions. Your orders shall be deemed confirmed by us subject to the proviso that we receive sufficient orders for the ordered goods to at least cover production costs and that we receive the ordered goods from our supplier in good time, in sufficient quantity and quality. The fulfilment of the contract is linked to the correct and timely delivery to us. We are entitled to withdraw from the contract if we are not supplied by our supplier, even though we have a contractual claim to the delivery and are not responsible for the non-delivery. We are obliged to inform you immediately if we become aware of our non-delivery. Your order is considered a binding offer to purchase, which we accept within 14 days either in writing by sending an order confirmation, in the case of orders via our online shop with a confirmation email or by delivering the goods.
III Deliveries and delivery periods
We deliver the goods carriage forward from our warehouse in Hildesheim. We determine the method of despatch. For orders, we charge transport costs of 8% of the value of the goods and a packaging surcharge of 1.25% of the value of the goods, unless a different contractual arrangement has been agreed. For exports, additional freight and delivery costs apply in accordance with Kaheku, which the customer can find out about before placing an order. We deliver the ordered goods within a period of 14 days if the goods are in stock, otherwise within 14 days after receipt of the goods in our warehouse. The deadline is not binding. If we are unable to deliver, you put us in default of delivery if you ask us to deliver after six weeks have elapsed. If we are unable to deliver and you wish to withdraw from the contract and/or demand compensation in lieu of performance, you must first set us a reasonable deadline for delivery. If we have exceeded a binding delivery date or a binding delivery period, we shall be in default of delivery without any request on your part. We reserve the right to make partial deliveries if we deem this to be advantageous for speedy processing. The risk of accidental loss, accidental destruction or damage to the goods shall pass to you as soon as we have dispatched the goods. This also applies to carriage paid delivery. We offer to insure the goods against transport and fire damage and charge a flat rate of 1.5% of the price of the goods. In cases of force majeure and other events unforeseeable at the time of conclusion of the contract (e.g. state of emergency, strike, fire, etc.), which make delivery / performance significantly more difficult or impossible for us, we are entitled to withdraw from the contract, provided that the hindrance is not only of short duration. The same applies to you. If an advance payment has been agreed, the delivery and performance periods shall commence upon receipt of this advance payment.
IV. Prices and terms of payment
Our prices are based on our current price list; for orders in our online shop, the prices stated there. All prices quoted are exclusive of statutory VAT, customs duties or similar charges and shipping costs. We shall also adjust the prices to be paid on the basis of this contract at our reasonable discretion to the development of the costs which are decisive for the price calculation. A price increase shall be considered and a price reduction shall be made if, for example, the costs for our own procurement of goods (own purchase prices) increase or decrease or other changes in transport costs, packaging costs or legal framework conditions lead to a changed cost situation (e.g. due to the introduction of increased export or import duties, import restrictions, supply bottlenecks, etc.). Increases in one type of cost, e.g. the cost of procuring goods, may only be used for a price increase to the extent that they are not offset by any reduction in costs in other areas, such as transport costs or import restrictions. In the event of cost reductions, e.g. in transport costs, prices shall be reduced by and to the extent that these cost reductions are not fully or partially offset by increases in other areas. In exercising our reasonable discretion, we shall select the respective points in time of a price change in such a way that cost reductions are not taken into account according to more unfavourable standards for you than cost increases, i.e. cost reductions are effective at least to the same extent as cost increases. We are not authorised or obliged to change prices if our performance takes place within three months of conclusion of the contract. Price changes will be communicated to you in writing with a notice period of one month before delivery. In this case, you have the right to cancel the contract in writing within two weeks. If you continue to use our services after the price change, this shall be deemed to be a declaration of agreement with the price change. The following payment options are available for domestic orders:
- by advance payment
- by direct debit
- by invoice
- by Visa Card (only in the online shop)
- by Master Card (only in the online shop)
Unless otherwise agreed, our invoices are payable net within 30 days of the invoice date. We only deliver export orders against advance payment. For deliveries with a goods value of less than 500.00 euros net, we charge a surcharge of 75.00 euros per consignment, unless a different contractual arrangement has been agreed.
V. Warranty and liability
We only deliver goods that are free of defects and faults. Should you nevertheless discover a defect, please notify us of obvious defects within 14 days of receipt of the goods and, in the case of hidden defects, within 14 days of their discovery. If your notification of defects proves to be justified, we will provide a replacement. If we are unable to provide a replacement, you can demand a reduction in the purchase price or withdraw from the contract.
VI. Data protection
Your customer data will only be stored in compliance with data protection regulations. We may process and store the relevant data, in particular for orders in our online shop, insofar as this is necessary for the fulfilment and processing of the order and the contract and as long as we are obliged to store this data by law. Your data will only be transmitted to information files if this is necessary for the purpose of a credit check and you have expressly agreed to this on our customer master data sheet. Your data will only be taken into account for our advertising measures if you have also expressly agreed to this on our customer master data sheet.
VII Retention of title
We reserve title to the delivered goods as long as we are still entitled to claims from our entire business relationship. However, you are authorised to dispose of the goods in the ordinary course of business. We must be informed immediately of any seizure or other impairment of our rights by third parties. In the event of default in payment or other behaviour in breach of contract, we shall be entitled to withdraw from the contract and demand the immediate return of the goods. VIII Final provisions The place of fulfilment for all obligations and the exclusive place of jurisdiction for all disputes arising from our business relations is Hildesheim. Our business relations are subject without exception to the law of the Federal Republic of Germany. Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, the validity of all other provisions or agreements shall not be affected.
Kaheku schönes Wohnen GmbH
Käthe-Paulus-Str. 11+13
31137 Hildesheim
Deutschland
Telefon: 05121/7540-0
Telefax: 05121/7540-80