General terms and conditions of business
pdf-version
of KAINDL-SCHLEIFTECHNIK Reiling GmbH
General managers: Reinhard Reiling and Henrik Reiling
Remchinger Straße 4
75203 Königsbach-Stein
Federal Republic of Germany
§ 1 Scope of application
(1) These terms and conditions, are valid for all electronic business transactions between KAINDL-SCHLEIFTECHNIK Reiling GmbH and their customers in the current version at the prevailing time of the conclusion of the contract.
(2) These terms and conditions apply exclusively. Conditions put forward by the costumers that are conflicting or different to our terms and conditions of business are of no notice.
(3) The jurisdiction of the Federal Republic of Germany applies. Unlike with consumers, this choice of law only applies in this respect insofar it does not limit mandatory legal regulations of the state of residence or main residence.
§ 2 Realisation of the contract
(1) The online description of our stock of goods serves only to inform the customer. It does thus not represent an offer of realisation of contract according to §145 of the German Federal Law. With this KAINDL-SCHLEIFTECHNIK Reiling GmbH is not committing to contractual duties as for instance a duty of delivery.
(2) By sending an order to KAINDL-SCHLEIFTECHNIK Reiling GmbH the costumer is putting forward an offer of realisation of contract. KAINDL-SCHLEIFTECHNIK Reiling GmbH may confirm this contract within two weeks by letter or email or may ship the goods within that time frame. Should some information about the stock on the website be erroneous, KAINDL-SCHLEIFTECHNIK Reiling GmbH will make the customer aware of this separately after receiving the order and will propose an appropriate counter offer.
§ 3 Powers of revocation up to 1 month, exclusions of revocations
Caution of revocation
Powers of revocation
You have the right to cancel this agreement within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which you or a third party designated by you, other than the carrier, take possession of the goods. To exercise your right of cancellation you must inform us of this decision to cancel the agreement in a clear declaration (e.g. a letter sent by mail, fax or e-mail).
The cancellation may be sent by post to:
Fa. KAINDL-SCHLEIFTECHNIK Reiling GmbH, Postfach 80, D-75197 Königsbach-Stein, Germany.
The cancellation may be faxed to:
Fax number: +49 (0) 7232 / 40 01-30
The cancellation may also be e-mailed to:
diy@kaindl.de
You may further use the enclosed sample cancellation form which, however, is not required.
To guarantee the cancellation period, it is sufficient to submit the notice of implementation of the right of cancellation before the cancellation deadline has expired.
Consequences of revocation:
In the event you decide to cancel this agreement, we are obliged to return any payments received from you, including delivery charges (except for additional costs arising from choosing a delivery method other than the cheapest, standard delivery offered by us) without delay and at the latest within fourteen days from the date on which the notice of cancellation for this agreement is received. The refund will be processed using the same payment method used in the original transaction unless expressly agreed otherwise; in no instance will fees be charged for this refund.
We may refuse to refund payments until the goods returned have been received or evidence of having returned the goods has been submitted, whichever is sooner
Items eligible for parcel post must be sent back to us. You must return or hand over the goods promptly (Fa. KAINDL-SCHLEIFTECHNIK Reiling GmbH, Remchinger Straße 4, D-75203 Königsbach-Stein, Germany) and in any case no later than fourteen days from the date you informed us of the cancellation of this agreement. The deadline is guaranteed, if you send the goods prior to expiration of the fourteen day period.
Be sure to PREPAY the package at any rage (paying postage at the post office), which we will promptly reimburse you. When selecting a different parcel carrier or a different, more expensive shipping method, KAINDL-SCHLEIFTECHNIK Reiling GmbH will only reimburse the amount of return shipment costs which would have been incurred with standard parcel by Deutsche Post (DHL). Please always return the goods postage paid. We are unable to accept freight collect shipments.
If you are entirely or partly unable to return the services provided by us, or only in a deteriorated condition, you may be required to compensate us for lost value. You will only be liable for any possible loss in value of the goods, if this loss in value is attributable to any handling not necessary for testing the quality, properties and function of the goods. In addition, the obligation to compensate for loss in value caused by using the goods as intended can be avoided by not treating the goods as your own property and refraining from all activities which may impact their value.
Exclusion of the right of cancellation
The right of cancellation does not apply:
a) for agreements to deliver goods to customer specifications or clearly customised to personal needs or which are not clearly not suitable for return due to their nature or could quickly spoil or would pass their expiration date,
b) for the delivery of audio- or video recordings or software, if the consumer removed the seal from the data medium delivered,
c) for sealed goods not suitable for return for sanitary or health reasons and goods which due to their nature are intrinsically combined with other goods.
§ 4 Delivery of the ordered goods
(1) KAINDL-SCHLEIFTECHNIK Reiling GmbH attempts to send ordered goods as quickly as possible to the delivery address stated on the order by the customer. In doing this KAINDL- SCHLEIFTECHNIK Reiling GmbH is justified to deliver in part shipments.
(2) The costumers will be charged the costs of the individual deliveries by KAINDL- SCHLEIFTECHNIK Reiling GmbH as stated in each case.
(3) Statements about the delivery times are not binding, unless there was an explicit agreement to that effect.
§ 5 Proprietary rights
Until the amount of all payments charged to the customer have been met fully, the goods of the delivered items stays property of KAINDL-SCHLEIFTECHNIK Reiling GmbH.
§ 6 Payment period and payment of the price of the bill
(1) The payment is due with the conclusion of the contract (payment in advance).
(2) Payment is submitted by advance bank transfer, PAYPAL or on account. Payment on account can only be offered within Germany and only for a goods value of 50.00 Euro or higher.
(3) The customer only has a right to set-off if his counter claims have been validated legally.
§ 7 Warranty for possible defects
(1) KAINDL-SCHLEIFTECHNIK Reiling GmbH is liable for defects, which were present at the time of delivery of the goods, during the legal period of warranty.
(2) The customer has the choice if the fulfilment of duties should be made by a repair or a replacement. However, KAINDL-SCHLEIFTECHNIK Reiling GmbH has the right to refuse the kind of fulfilment chosen by the customer if it is only possible by generating inappropriately high additional costs and another type of fulfilment can be done without any serious disadvantage to the customer. During a fulfilment it is impossible to lower the price or to allow the customer to rescind the contract. A fulfilment will be regarded as failed if a second try has been unsuccessful, unless due do the type of the goods or the defect or other circumstances other possibilities arise. If the fulfilment fails or if KAINDL-SCHLEIFTECHNIK Reiling GmbH refuses to meet its fulfilment duties, the customer is allowed to demand a reduction of the purchasing price or may rescind the contract.
§ 8 Data privacy
During initiation, conclusion, processing and reversal of a purchase agreement we collect, save and process data within the scope of the legal provisions.
When visiting our website we log the IP address currently being used by your PC, date and time, browser type and your PC’s operating system along with websites visited by you. However, this does not allow us to, nor do we intend to make any conclusions about personal information.
The personal information submitted to us when e.g. placing an order or via e-mail (e.g. your name and contact information), will only be used to correspond with you and only for the purpose for which you provided us with the information. We will only forward your information to the shipper assigned to deliver the goods, and where required for the delivery of goods. Your payment information will be transmitted to the bank assigned this payment.
Fa. KAINDL-SCHLEIFTECHNIK Reiling GmbH is further entitled to transmit personal information to the SCHUFA credit bureau.
We assure your personal information will otherwise not be disclosed to third parties, unless we are legally obligated or you have previously expressly agreed. Provided we use the services of third parties to execute and conclude, we will maintain the requirements of the Federal Data Protection Act.
Duration of storage
Personal information provided to us through our website will only be stored until the purpose for which they were provided has been completed. Provided business and tax law retention period must be observed, the storage period for certain data may be up to 10 years.
Your rights
If you no longer agree to your personal information being stored or it has become invalid, we will have the data deleted, corrected or blocked within the terms of the law after receiving the respective instruction from you. Upon request you may receive free of charge information on all the personal information we have stored about you. Should you have any questions on the collection, processing or use of your personal information, for information, correction, blocking or deleting data, please contact:
Fa. KAINDL-SCHLEIFTECHNIK Reiling GmbH, Remchinger Straße 4, D-75203 Königsbach-Stein, Germany
Phone: +49(0)7232 / 40 01-0; Fax number: +49(0)7232 / 40 01-30; info@kaindl.de
§ 9 Concluding regulations
(1) Place of jurisdiction is Pforzheim.
(2) Should one or more provisions of these Terms and Conditions be or become ineffective, the other provisions of these General Terms and Conditions will remain effective.
Exemption from liability
1. Contents of the online products
KAINDL-SCHLEIFTECHNIK Reiling GmbH is not liable for the guarantee that the information provided is up-to-date, correct, complete or of high quality. The author is under no circumstances liable for any damage of a material or ideal nature, which is caused by the use or failure to use of the provided information, or by the use of erroneous or incomplete information, unless intent or negligence on part of the author can be proved. All offers are subject to change and non-binding. KAINDL-SCHLEIFTECHNIK Railing GmbH reserves the right to change, amend by addition or delete parts or the entirety of the range of products, or to suspend the publication temporarily or permanently.
2. References and links
In the case of direct or indirect references to other websites ("hyperlinks"), which are outside of the scope of the author's responsibility, a liability can only come to force if KAINDL- SCHLEIFTECHNIK Reiling GmbH has knowledge of the contents of such websites and if it would be technically possible and reasonable to prevent the use in case of illegal contents. KAINDL-SCHLEIFTECHNIK Reiling GmbH hereby declares explicitly that at the time of the establishment of links no illegal contents were evident on the linked pages. KAINDL- SCHLEIFTECHNIK Reiling GmbH has no influence on the current and future design or authorship of the linked pages. For that reason it hereby distances itself explicitly from all content of the linked pages that has been changed after the establishment of links. This declaration applies to all links and references placed within the internet presence as well as for entries made by outsiders such as guest books, forums, lists of links, mailing lists and other data bases established by the author which are open to external access. Liability for illegal, erroneous or incomplete contents, and especially for damage caused by the use or failure to use of such information, lies with the provider of the site that was linked, not with the person who merely referred to the site by a link.
3. Copy right and trademark law
KAINDL-SCHLEIFTECHNIK Reiling GmbH strives to comply with copy right laws for all the pictures, graphics, audio files, video files and texts used, and to use its own pictures, graphics, audio files, video files and texts or to use license free graphics, audio files, video files and texts.
All brand and trade marks of third parties that are used in this internet range are subject to copy right and trademark law and the proprietor's rights of the respective proprietor. Simply due to naming such trademarks, no conclusions can be drawn about possible protection by third parties! The copy right for objects published and designed by the author will be with the author of these pages. Any duplication or use of such graphics, audio and video files and texts in other electronic or printed publications is not permitted without the explicit permission of the author.
4. Data protection
Should there be an option within this internet presence to insert personal or business information (email addresses, names, addresses), such disclosure of data takes place on a strictly voluntary basis by the user. The use and payment of all services offered is - if technically possible and reasonable - allowed without the disclosure of such data, or rather by giving anonymous data or using a pseudonym. Using the contact data, such as postal address, telephone or fax numbers as well as email addresses of data published within the website's credentials or similar statements by third parties for the use of sending unwanted information is not permitted. Legal steps will be taken against the senders of so-called spam mail that are breaches of this prohibition.
5. Legal validity of this exclusion of liability
This exclusion of liability is a part of the internet presence. Should one or more formulations of this text be or become ineffective according to the current jurisdiction, the other parts of this document will remain effective in its contents and validity.