Terms and Conditions
General terms and conditions within the scope of Sales contracts
via the Krone online shop and legal information
Contact details of the provider:
Bernard Krone Holding SE & Co. KG
Heinrich-Krone-Str. 10
48480 Spelle
(below also „Krone“)
Local court Osnabrück, HRA 100106
General partner: Bernard Krone SE
Local court:Osnabrück, HRB 210095
VAT-ident no.: DE 117326349
Members of the Board:
Dr. David Frink
Dr. Stefan Binnewies
Chairman of the Supervisory Board:
Bernard Krone, Dipl.-Kfm. (FH)
Your contact person: Marketing Manager Markus Steinwendner
Tel. +49 5977 935-0
Fax. +49 5977 935-89339
E-Mail: werbemittel@krone.de
§ 1
Scope
For the business relationship between Krone and the customer of the Krone online shop (hereinafter referred to as the "Purchaser") - including all future transactions - the following General Terms and Conditions ("GTC") in the version valid at the time the order is placed shall apply exclusively. Deviating, contradictory or beyond our conditions Krone does not accept the general terms and conditions of the orderer, unless Krone would have expressly agreed to their validity in writing.
§ 2
Offer, conclusion of contract, storage of the contract text
(1) Offers from Krone are subject to change without notice, as long as they do not form part of a contractual agreement.
(2) Unless otherwise agreed in individual cases, orders are only to be placed with one delivery address possible in Germany.
(3) The orderer can select goods from the Krone online assortment and order them in the electronic shopping cart. Via the button "Complete order" you can the customer makes a binding request to purchase the goods in the shopping cart off. Before sending the order, the customer can change the data at any time and which also gives him the opportunity to recognize and correct any input errors. However, the order can only be placed and transmitted if the customer by activating the checkbox with the description "I have read the general accepts these terms and conditions of business" and has thereby included them in his application.
(4) Krone will then send the purchaser a confirmation of receipt by e-mail, in which the customer's order is listed again and the customer prints it out can. This automatically generated confirmation of receipt merely documents, that Krone has received the order from the orderer and therefore does not represent any acceptance of the application. The contract only comes into effect with the submission of the declaration of acceptance by Krone, which will be sent with a separate e-mail (so-called order confirmation), or the dispatch of the goods.
(5)In the order confirmation, or in a separate e-mail, or at the latest on delivery of the goods, the text of the contract (consisting of order, general terms and conditions and order confirmation) will be sent to the purchaser by Krone on a permanent data carrier (e-mail or paper printout) (contract confirmation).
(6) Although the contract text and order data are stored by Krone, they are not permanently available online for security reasons. Confirmation of receipt and order contain all essential order data as well as the other contractual text. The customer also has the option of amending the General Terms and Conditions of Business as well as all data entered during the ordering process via the print function of the browser or save it using the memory function of the browser.
(7) By placing an order, the customer declares that he is aware of the validity of the order in accordance with the valid conditions.
§ 3
Consumer's right of withdrawal and cancellation policy
Consumers have a legal right of withdrawal when concluding a distance selling transaction, about which Krone provides information below in accordance with the legal model. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a model withdrawal form.
(1) Revocation instruction
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons
to revoke.
The revocation period is fourteen days from the day on which you or one of you
named third party other than the carrier who has taken possession of the goods
or has.
In order to exercise your right of revocation, you must notify us
Bernard Krone Holding SE & Co. KG
Heinrich-Krone-Straße 10
48480 Spelle
Germany
e-mail: info.ldm@krone.de
phone: +49 5977 935-0
fax: +49 5977 935-339
by means of a clear statement (e.g. a letter, fax or e-mail sent by post) about your decision to revoke this contract. You may do so use the attached model revocation form, which is not mandatory is. In order to comply with the revocation period, it is sufficient that you have received notification of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we will refund all payments made by you have received, including the delivery costs (with the exception of the additional Costs arising from the fact that you have chosen a different method of delivery from that have chosen the cheapest standard delivery offered to us), immediately and at the within fourteen days of the date on which the notification about your revocation of this contract has been received by us. For this repayment we use the same payment method that you used in the original transaction unless expressly agreed otherwise with you; in no event will you be charged for this repayment. We may refuse repayment until we have received the goods back, or until you have provided proof that you have returned the goods, each after whichever is the earlier. You must return the goods without delay and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract to to return or hand us over. The time limit shall be deemed to have been observed if you return the goods the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You only have to pay for a possible loss of value of the goods if this loss of value to one used for testing the condition, properties and functionality of the goods is due to unnecessary handling of them.
(2) This right of withdrawal does not apply to distance contracts for the delivery of sealed Goods that cannot be returned for reasons of health protection or hygiene are suitable if their seal has been removed after delivery.
(3) Sample cancellation form (If you want to cancel the contract, please fill out this form and send it back).
To:
Bernard Krone Holding SE & Co. KG
Heinrich-Krone-Strasse 10
48480 Spelle
Germany
E-mail: info.ldm@krone.de
fax: +49 5977 935-339
I/we (*) hereby revoke the contract concluded by me/us (*) for the
Purchase of the following goods (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of communication on paper)
Date
(*) Delete as applicable.
§ 4
Prices and shipping costs
(1) All prices are understood to be inclusive of the respective legally valid value added tax
(currently 19%) and plus any shipping costs. For the products ordered in the online shop
The prices of the day of the order are valid for all goods. They will be invoiced within the scope of the
Order process explicitly specified.
(2) In addition to the purchase price, delivery or shipping costs to be paid by the customer
and are named separately in the respective offer. In case of cross-border
In individual cases, delivery may be subject to further taxes or duties (e.g. customs duties).
to be added. In these cases the payment is not made to the provider, but to
the competent customs or tax authorities.
§ 5
Methods of payment, payment arrangements and default
(1) In principle, Krone offers the following payment options listed in paragraph (3) whereby Krone reserves the right to exclude certain types of payment in individual cases. Depending on the results of a credit assessment, Krone reserves the right to make acceptance of the contract, instead of the payment method purchase on account to other payment methods to refer to. A claim for payment by purchase on account does not exist.
(2) Unless otherwise stated below, Krone's invoice claims are due immediately upon conclusion of the contract and are payable without deduction.
(3) In principle, the purchaser can choose between
a) Payment in advance by bank transfer
The transfer data will be transmitted after the order and the purchase price is to be transferred within 7 days of receipt of this data.
b) Purchase on account (with creditworthiness)
Payment is made within 14 days of receipt of the goods. The invoicing is made with the delivery.
c) by cash on delivery
The customer pays the invoice amount in cash to the deliverer. There is a cash on delivery fee, which is displayed during the order process.
(4) Krone may assign invoice receivables to third parties, in particular for refinancing purposes and for the purpose of simplified receivables handling. Krone would like to point out that in the event of assignment, Krone will, in accordance with the statutory provisions, provide the third party with the information required for an assignment and for the assertion of the assigned claims.
(5) If the orderer defaults on payment, Krone shall be entitled to demand default interest at a rate of 5 percentage points above the respective base interest rate p.a. If Krone can prove that a higher loss has been incurred due to the delay, Krone shall be entitled to claim this. Any further legal rights are reserved.
§ 6
Offsetting, retention
(1) The purchaser is only entitled to set off claims if the counterclaims with which the customer wishes to offset, counterclaims from the same purchase contract, are legally binding, recognised by Krone or are undisputed.
(2) The customer is only authorised to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 7
Retention of title
The delivered goods remain the property of Krone until payment has been made in full. Insofar as the customer is permitted to pay via the PayPal payment service, the delivered goods remain the property of Krone until a reverse transaction is excluded in accordance with the terms and conditions of all participating banks.
§ 8
Delivery
(1) Unless otherwise agreed, delivery is made ex warehouse to the delivery address provided by the customer by mail. Information about the delivery time is non-binding, unless the delivery date has exceptionally been promised in writing. If no other delivery date is specified for the respective goods, the delivery time for national deliveries can be up to 7 working days after order confirmation and complete receipt of payment of the purchase price by Krone, for international deliveries, especially parcels, up to 15 working days. The stated delivery times begin (I) if payment is made in advance, on the first working day after receipt of payment, (II) if other methods of payment are used, on the first working day (Monday - Friday) after receipt of the order.
(2) Krone delivers ordered goods either by itself or by commissioning a third party to the delivery address specified by the purchaser. The suppliers are only obliged to deliver to the curb.
(3) If the goods selected by the orderer are temporarily unavailable, Krone will inform the orderer immediately in the order confirmation. If the goods are permanently unavailable, Krone will refrain from making a declaration of acceptance. In this case, a contract is not concluded.
(4) If Krone is not able to deliver the ordered goods through no fault of its own, because the supplier has not fulfilled his contractual obligations, or if the ordered goods for a period of at least one month due to force majeure not available, Krone can withdraw from the purchase contract. Krone will inform the customer in the In case of corresponding delivery difficulties, inform us immediately. In case of a withdrawal in accordance with this paragraph, Krone shall be entitled to demand from the customer any Refund payments without delay. The statutory claims of the customer shall remain unaffected in the otherwise unaffected.
§ 9
Warranty for defects
(1) Krone shall be liable for material defects in accordance with the applicable statutory provisions, unless the following provisions provide otherwise. For companies, the regular warranty period for items delivered by Krone is 12 months from the date of handover or delivery.
(2) If there is a defect in the purchased item for which Krone is responsible, Krone is entitled to is an entrepreneur, at his own discretion to remedy the defect or to deliver a replacement legitimate. If Krone is not prepared to remedy the defect/replace the goods or is not able to do so or is delayed beyond reasonable time limits for reasons If the Krone is responsible for the defect or if the repair/replacement delivery fails in any other way, the customer is entitled to choose between withdrawing from the contract or demanding a corresponding reduction in the purchase price.
§ 10
Liability
(1) Claims of the purchaser for damages are excluded. Excluded from this are claims for damages by the orderer arising from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Krone, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of fundamental contractual obligations, Krone is only liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the orderer's claims for damages resulting from injury to life, body or health are concerned.
(3) The restrictions in paragraphs 1 and 2 also apply in favour of Krone's legal representatives and vicarious agents if claims are made directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if Krone has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if Krone and the purchaser have reached an agreement on the quality of the item. The regulations of the product liability law remain unaffected.
§ 11
Data protection
Our data protection practice is in accordance with the legal regulations. For further details please see our privacy policy.
§ 12
Applicable law and place of jurisdiction
(1) German law shall apply to the exclusion of the UN Sales Convention. In relation to consumers, this choice of law shall only apply insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(2) The contract language is German.
(3) If the ordering party is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the ordering party and Krone shall be the competent court at Krone's headquarters. This shall also apply in cases where the purchaser has no general place of jurisdiction in the Federal Republic of Germany or moves his place of jurisdiction abroad before legal action is taken.
- End of the General Terms and Conditions -
Legal information
DISPUTE SETTLEMENT FOR CONSUMERS
Krone always tries to reach an agreement with its customers and third parties. Please use the above contact options if you have any questions or complaints. Of course, your rights remain unrestricted even if you do not contact Krone.
Reference to the EU Dispute Resolution Platform (OS Platform)
The European Commission maintains an Online Dispute Resolution Platform (OS) with further information available on the Internet at
http://ec.europa.eu/consumers/odr/
Information in accordance with the Consumer Dispute Settlement Act (VSBG)
Krone does not participate in formal dispute resolution procedures before consumer arbitration bodies.
NOTES ON BATTERY DISPOSAL
In connection with the sale of batteries and rechargeable batteries - hereinafter referred to as batteries - with the delivery of equipment containing batteries, we are obliged to inform you of the following:
You are legally obliged to return used batteries as end user. You can return used batteries, which we carry or have carried as new batteries in our product range, free of charge to our shipping address.
The symbols depicted on the batteries have the following meaning:
The crossed-out dustbin means that the battery must not be disposed of in the household waste. Near the dustbin symbol is the chemical name of the pollutant. "Cd" indicates that the battery contains more than 0.002 mass percent cadmium. "Pb" indicates that the battery contains more than 0.004 mass percent lead. "Hg" indicates that the battery contains more than 0.0005% of mercury by mass.
Notes according to the German Electrical and Electronic Equipment Act (ElektroG)
The crossed-out wheeled bin symbol means that electrical and electronic equipment must not be disposed of with household waste. The separate collection of old devices is for the environmentally sound disposal of pollutants, the recovery of valuable materials and the possibility of reuse is necessary. You can reuse your old electrical equipment free of charge drop it off at one of the municipal collection points or at a logistics service provider for return shipment. For this purpose, we provide you with the following free of charge at info.ldm@krone.de return label is available. Please send the old device to our above mentioned Address. A return of miniature devices is always permitted if the edge length is smaller than 25 centimeters. Then a device can be purchased from us without device can be delivered free of charge. Old appliances whose edge length exceeds 25 centimetres, can only be handed in free of charge if they are also provided with a new device which essentially performs the same functions. Please make sure that the old device is properly packed for shipment, so that breakage is avoided and mechanical compaction or breakage is ruled out can be. The acceptance of old appliances may be refused if, due to contamination there is a risk to the health and safety of people. Please note you also always make sure that you save your personal data on the old devices before Delete return.
Please note the above instructions.