Kompernaß Handelsgesellschaft mbH
Burgstraße 21, D-44867 Bochum
- hereinafter referred to as the Supplier -
(1) Solely the following General Terms and Conditions of Business, as stated in the version valid at the time of the order, apply to the business relationship between the Supplier and the Customer. The Customer's conditions to the contrary shall not be acknowledged unless the Supplier expressly approves of their validity.
(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to its commercial or self-employed professional activity. By contrast, an entrepreneur is any natural or legal person, or legally valid partnership which, upon entering into the contract, acts by way of pursuing its commercial or self-employed activity.
(1) The Customer may select goods from the Supplier's range that shall be stored in an electronic basket. By sending the order, the Customer files a binding application for the purchase of the goods he has selected. Prior to sending the order, the Customer may amend and view the data at any time, whereby it also has the option of identifying and correcting potential entry errors. However, the application may only be filed and forwarded if the Customer accepts these terms and conditions of contract by checking the check box with the description "I have read and understood the General Terms and Conditions of Business" and thereby has incorporated these in its application.
(2) The Supplier thereupon will send a confirmation of receipt to the Customer by e-mail. The confirmation letter sets out once again the Customer's order, which may be printed-out by the Costumer.
The automatic confirmation of receipt merely documents the fact that the Customer's order has been received by the Supplier and does not constitute any acceptance of the application. The contract is only brought about by the Supplier issuing the declaration of acceptance, which is forwarded in a separate e-mail (so-called confirmation of order) or by supplying the goods.
The Supplier shall store the contract text and the order data. However, these cannot be called up permanently online due to data security reasons. The confirmation of receipt and confirmation of order contain all essential order data. Furthermore, the Customer still has the option of printing or saving the General Terms and Conditions of Business and all entered data during the order process via the browser's print function or via the browser's save function.
(1) In the absence of details to the contrary stated in the offer, deliveries shall be carried out from stock via mail order to the delivery address stated by the Customer. If no other period of delivery is stated in the offer, the goods shall be shipped within 3 workdays after entering into the contract. In the case of payment in advance, the period shall only commence once the agreed payment amount has been credited in full to the Supplier's account. If the goods chosen by the Customer are temporarily unavailable, the Supplier shall inform the Customer about this without delay in the confirmation of order. If the goods are permanently unavailable, the Supplier shall not issue an acceptance declaration. In such a case, a contract shall not be brought about.
(2) In the event of a delay in delivery of more than two weeks, the Customer shall be entitled to withdraw from the contract. In such a case, the Supplier shall also be entitled to withdraw from the contract. In this respect the Supplier shall reimburse the Customer without delay for payments already made by the Customer. This shall not affect the Customer's claims against the Supplier for damages.
Up until payment in full, the supplied goods shall remain the Supplier's property. Insofar as the Customer is permitted to pay via the payment service PayPal, the supplied goods shall remain the Supplier's property until reversing the transaction in accordance with the terms and conditions of business of all involved credit institutions is ruled out.
(1) All prices are to be understood as including the respective, statutory valid value added tax (currently 19%).
(2) Delivery or shipping costs payable in addition to the purchase price are to be stated separately in the respective offer if payable by the Customer. In the case of cross-border deliveries, additional taxes or levies (e.g. customs duties) may be payable in addition. In such cases, payment is not to be made to the Supplier, but to the pertinent customs or tax authorities.
(1) Payment is to be made in advance. The Customer may pay by bank transfer, via PayPal or by credit card.
(2) With the exception of cash payment in the case of collecting the goods, the purchase price is to be paid within 7 days after entering into the contract. The Customer shall be deemed to be in default after the third workday upon the expiry of the above-mentioned payment period if the payment amount has not been credited to the Supplier's account. In such a case, the Customer has to pay to the Supplier interests on arrears in the sum of 5 percentage points above the base lending rate. The Customer's obligation to pay interests on arrears does not exclude the assertion of additional claims by the Supplier for damage caused by default.
The Customer is only entitled to a right of retention if the counterclaim is based on the same contractual relationship.
(1) The Supplier is liable for material defects in accordance with the statutory requirements that apply in this respect. The normal warranty obligation to entrepreneurs in the case of items supplied by the Supplier is 12 months from hand-over or delivery. This does not affect the Supplier's liability in accordance with Section 10.
(2) A guarantee shall only be provided if this is expressly stated in the offer.
(1) The Supplier shall be liable without restrictions for the Customer's claims for damages resulting from the loss of life, physical injury or detrimental effects on health or from the intentional or grossly negligent violation of key contractual obligations and for other damage based on intentional or grossly negligent violation of an obligation by the Supplier. This also applies insofar as the above-mentioned violations are attributable to a legal representative of the Supplier or a vicarious agent. Key contractual obligations are those that need to be honoured to achieve the contractual purpose.
(2) If basic violation of key contractual obligations applies, the Supplier shall only be liable for typical contractual damage that is foreseeable unless the matter is concerned with the Customer's claims for damages resulting from the loss of life, physical injury or detrimental effects on health.
(3) The restrictions of sub-sections 1 and 2 also apply in favour of the legal representatives and vicarious agents of the Supplier if claims are asserted directly against these.
(4) This does not affect the requirements of the German Product Liability Act.
(5) In other respects the Supplier's liability is excluded.
The Customer may withdraw from the contract within 14 days, without stating reasons for the cancellation, by text (e.g. letter, facsimile or e-mail) or - if the item is surrendered to the Customer prior to expiry of the period - by returning the item. The period shall commence following receipt of the directions in text form but not, however, prior to receipt of the goods by the recipient (in the case of recurring deliveries of the same goods not prior to receipt of the first partial delivery) and not prior to honouring the Supplier's duty to supply information in accordance with Article 246, Section 2, in conjunction with Section 1, sub-sections 1 and 2, EGBGB and the Supplier's obligations in accordance with Section 312g, sub-section 1, sentence 1 BGB in conjunction with Article 246, Section 3, EGBGB. To satisfy the cancellation period, sending the withdrawal or returning the item in good time shall suffice.
The cancellation is to be directed to:
Kompernaß Handelsgesellschaft mbH
Burgstraße 21, D-44867 Bochum
Fax no.: +49 (0) 2327/3018-100
Consequences of a cancellation
In the event of an effective cancellation, the performance received by both parties is to be returned and, where applicable, acquired benefits (e.g. interest) are to be surrendered. If the Customer cannot reimburse the Supplier in full or only in part for the received goods, or merely in a deteriorated condition, he shall, insofar, be required, where applicable, to compensate the Supplier for lost value. The Customer shall only be required to provide compensation for the lost value in respect of the deterioration of the item insofar as the use or the deterioration is attributable to the handling of the item that extends above and beyond the characteristics and function. Our "Review of the characteristics and function" is to be understood as testing and trialling the respective goods as, for example, is possible and customary in a retail store. Items capable of being sent as a parcel are to be returned at the Supplier's risk. Items that are not capable of being sent as parcels shall be collected from the Customer's premises. Obligations to reimburse payments must be honoured within 30 days. The period shall commence for the Customer upon sending the declaration of cancellation or upon sending the item. For the Supplier it commences upon receipt of these.
Provision on bearing costs
It is agreed that the Customer will be required to carry the normal cost of returning goods if the supplied goods correspond with the ordered goods and if the price of the item that is to be returned does not exceed an amount of € 40 or, in the event of a higher item price, the Customer has not provided the consideration or made a partial payment as per agreement at the time of the cancellation. Otherwise the Customer may return the goods free of charge.
The cancellation right does not apply in the case of distance selling contracts for the delivery of audio or video recordings or software insofar as the Customer has broken the seal of the supplied data carriers.
(1) The Supplier shall collect data about the Customer as part of processing business transactions. In that respect the Supplier shall observe the authoritative data protection requirements, in particular the German Data Protection Act and the German Telemedia Act. Without the Customer's consent the Supplier shall only collect, process or use data about the Customer's stock and utilisation insofar as this is necessary to process the contractual relationship and to make use of and settle tele-services.
(2) Without the Customer's express consent, the Supplier shall not use the Customer's data for advertising, market research or opinion polling.
(1) The law of the Federal Republic of Germany applies to the contracts between the Supplier and the Customer by way of exclusion of the UN Convention on Contracts for the International Sale of Goods. In dealings with consumers this legal choice only applies insofar as the granted protection by way of mandatory provisions of the country in which the consumer has its customary place of residence is not withdrawn as a result. German is the contract language.
(2) Insofar as the Customer is a merchant, legal person under public law or special assets of the federal government, Bochum is deemed the place of jurisdiction for all disputes resulting from contractual relationships between the Customer and the Supplier. This does not affect the Supplier's right to resort to a court with a different statutory place of jurisdiction.
(3) The contract shall also remain binding in the event of the legal invalidity of individual parts.
- END OF THE GENERAL TERMS AND CONDITIONS OF BUSINESS -
In conjunction with the sale of batteries and accumulators - hereinafter referred to as batteries - and the delivery of equipment containing batteries, we undertake to inform you as follows: You are under obligation by law as an end user to return batteries. You can return used batteries that we have in our range, or have had in the past, as new batteries to our shipping address free of charge. The symbols stated on the batteries are to be understood as follows: The dustbin with a cross on it means batteries must not be included in domestic waste. The chemical description of the pollutant is stated near the dustbin symbol. "Cd" means the battery contains more than 0.002 percent cadmium by mass. "Pb" means that the battery contains more than 0,004 lead by mass."Hg" means that the battery contains more than 0.0005 mercury by mass.