GENERAL TERMS AND CONDITIONS
(for sales to customers as consumers)
1. SCOPE OF APPLICATION AND CLIENTELE
1.1 These General Terms and Conditions of Sale (hereinafter referred to as "GTC") shall apply to all contracts for deliveries and services between the
Paul H. Kübler Bekleidungswerk GmbH & Co. KG
(hereinafter referred to as "Kübler"),
registered in the Commercial Register of the Stuttgart District Court under HRA 280429
Sales tax identification number: DE146618919
Telephone: +49 7181 8003-906
Fax: +49 7181 8003-7906
represented by the managing partner Kübler GmbH, who is represented by the managing directors, and you as the customer (hereinafter referred to as "Customer"), provided that the Customer is a consumer. 2.
1.the Customer is a consumer insofar as the purpose of his ordered deliveries and services cannot be attributed predominantly to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity. 3.
1.the customer's general terms and conditions shall not become part of the contract, even if Kübler does not expressly object to them.
2. CONCLUSION OF CONTRACT
2.1. the conclusion of the contract shall be in the German language.
2.2) Illustrations, drawings, weight and dimension specifications as well as other descriptions of the goods from the information belonging to the offer are only approximately authoritative, insofar as they are not expressly designated as binding. 3.
2.the contract can be concluded with Kübler using the order function on the website "https://www.kuebler.eu" (hereinafter referred to as the "Kübler website") or by telephone, e-mail, fax or post (hereinafter jointly referred to as the "distance contract").
2.information or presentations on Kübler's website do not constitute a legally binding offer, but merely a non-binding invitation to the customer to make an offer to Kübler to conclude a contract. 5.
2.if the customer uses the order function on the Kübler website to conclude a contract, the customer makes a legally binding offer to conclude a contract (hereinafter referred to as "customer offer") after entering the required personal data by clicking on the button "ORDER FOR PAYMENT". The customer shall be bound by the customer offer for three working days unless he has revoked it beforehand (clause 3). All weekdays with the exception of Saturdays, Sundays and public holidays at Kübler's registered office in Plüderhausen shall be deemed to be working days. 6.
2.6) Before sending the order and pressing the "ORDER FOR PAYMENT" button, the customer can view the order data at any time, change the order or cancel the order process.
2.the customer offer can only be submitted and transmitted if the customer has accepted these GTC in advance by clicking on the button "I have read the GTC and declare my agreement by sending the order" and has thereby included them in his customer offer. 8.
2.after receipt of the customer's offer, Kübler will send the customer an automatic confirmation of receipt by e-mail in which the details of the customer's order are listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that Kübler has received the customer's offer and does not represent an acceptance of the customer's offer. 9.
2.kübler can accept the customer's offer within three working days of receipt of the customer's offer. 10.
2.if the product ordered by the customer is not available or is to be delivered to an address outside the Federal Republic of Germany, Kübler shall refrain from accepting the customer's offer. In cases of non-acceptance of the customer's offer, Kübler will inform the customer within three working days of receipt of the customer's offer and will immediately refund any payments already received. 11.
2.the contract is only legally effective when the customer receives a declaration of acceptance from Kübler. The declaration of acceptance is sent with a separate e-mail (order confirmation). In this e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by Kübler on a permanent data carrier (e-mail or paper printout). The text of the contract will be stored in compliance with data protection laws.
3. RIGHT OF REVOCATION
3.1) Customers who are consumers (cf. item 1.2, sentence 1) have a legal right of withdrawal when concluding a distance selling contract (cf. item 2.3), which Kübler informs about in the following in accordance with the legal model. The exceptions to the right of withdrawal are regulated in clause 3.2. A sample cancellation form can be found in section 3.3.
- Cancellation policy -
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must send us
Paul H. Kübler Bekleidungswerk GmbH & Co. KG
Telephone: +49 7181 8003-906
Fax: +49 7181 8003-7906
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the attached model cancellation form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you have cancelled this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
We shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
- End of the cancellation policy -
3.2. the right of withdrawal does not apply to the following contracts:
3.2.1. contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer;
3.2.2. contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
3.3. Kübler informs about the model withdrawal form according to the legal regulation as follows:
Model cancellation form
(If you wish to cancel the contract, please complete and return this form)
Paul H. Kübler Bekleidungswerk GmbH & Co KG
Telephone: +49 7181 8003-906
Fax: +49 7181 8003-7906
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s)
(*) Delete where inapplicable.
4. DELIVERY | DELIVERY PERIOD
4.1 Kübler is entitled to make partial deliveries, insofar as this is reasonable for the customer. 2.
4.delivery will be made to the customer's home address or to a different delivery address which the customer can enter in the order process. Delivery will only be made to delivery addresses in Germany. 3.
4.the delivery period for standard delivery is a maximum of 7 working days, unless a different delivery period is stated on the Kübler website. The delivery period begins with the conclusion of the contract, provided that the purchase price has been paid in advance (see section 2.11). 4.
4.if Kübler is unable to meet binding delivery deadlines for reasons for which Kübler is not responsible ("non-availability of the service"), Kübler will inform the customer of this immediately and at the same time inform him of the expected new delivery deadline. If the service is also not available within the new delivery period, both parties are entitled to withdraw from the contract in whole or in part; any consideration already paid by the customer will be refunded immediately. A case of non-availability of the service in this sense is in particular the untimely delivery by Kübler's supplier, if Kübler has concluded a congruent hedging transaction and is not responsible for the delayed delivery by the supplier. 5.
4.the risk of accidental loss or accidental deterioration of the goods (transfer of risk) is transferred to the customer when the goods are handed over.
5. RETENTION OF TITLE
If Kübler ships the goods to the customer before the purchase price has been paid in full, the delivered goods remain the property of Kübler until payment has been made in full.
6. PRICES | SHIPPING COSTS
6.1. all prices stated on the Kübler website are inclusive of the applicable statutory value added tax.
6.2. any costs for shipping to the customer as well as other costs (cash on delivery costs or charges) will be indicated separately to the customer in the order process before the customer's offer is sent.
6.if the customer makes use of his right of withdrawal according to paragraph 3.1, Kübler shall bear the costs of the return shipment, but not the cash on delivery costs. Kübler will enclose a pre-franked return label with the shipment. If the return label is lost, the customer can also request it from Kübler's customer service:
Monday to Friday from 8:00 to 18:00 hrs
Telephone: +49 7181 8003-906
6.4. if Kübler makes partial deliveries, shipping costs will only be incurred for the first partial delivery.
7. PAYMENT MODALITIES
7.1. the customer can pay by PayPal, credit card, AmericanExpress, direct debit, invoice or prepayment. The provision of the payment method invoice is carried out by the payment service provider Crefo Payment GmbH & Co KG (Schloßstraße 20, 12163 Berlin) by means of a prior credit check.
7.the details of the payment modalities will be explained to the customer before hesubmits his customer offer by clicking the button "PAYMENT ORDER"; up to this point a change of the payment modality is possible at any time.
7.payment of the purchase price plus any applicable shipping costs shall be due immediately upon conclusion of the contract (cf. Section 2.11). In the case of a cash on delivery shipment, the aforementioned costs shall be due for payment upon handover to the customer.
8. SET-OFF | RIGHT OF RETENTION
8.(1) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are ready for decision or are undisputed.
8.2. the customer is only entitled to exercise a right of retention if his counterclaim has been legally established, is ready for decision or is undisputed and is based on the same contractual relationship. 3. the customer has the right of retention in the event of defects.
8.3. the customer's rights in the event of defects in the delivery shall not, however, be limited by clauses 8.1 and 8.2.
9.1 Kübler shall be liable for material defects and defects of title in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code), unless otherwise stipulated below. 2.
9.2. subject to a deviating agreement on quality in the individual case, there shall be no rights in respect of defects
9.2.1. in the case of batch-dependent colour differences;
9.2.2. in the case of dimensional tolerances on the respective production part of +/- 2 cm;
9.2.3. in the case of shrinkage values of < 3 %;
9.2.4. in case of wear;
9.2.5. in the case of condition of the goods or damage occurring after the transfer of risk as a result of improper handling not in accordance with the operating instructions, improper storage, improper care or excessive stress or use;
9.2.6. in the case of condition of the goods or damage which occurs due to force majeure, special external influences which are not assumed under the contract or due to the use of the goods outside the use assumed or usual under the contract.
9.3. insofar as the goods are personal protective equipment (PPE), the following special provisions apply:
9.3.1 The customer must observe the manufacturer's information without fail, in particular with regard to cleaning instructions, instructions for use and repair instructions. Kübler is not liable for damage caused by failure to observe the manufacturer's information. Furthermore, the customer is responsible for determining the required protection class of the PPE goods. Kübler accepts no liability for the protection class of the PPE goods required by you. The above does not apply in the event of a deviating agreement with the customer. 3.2.
9.3.2 Any processing or further processing as well as any other modification of the goods by the customer will invalidate the certification of the PPE goods. Kübler does not accept any warranty for defects that only arise due to such a change by the customer. 4.
9.the limitation period for legal claims for defects is two years and begins with the delivery of the goods. 5.
9.the customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform Kübler of this. If the customer does not comply with this, this will have no effect on his legal or contractual warranty claims.
Kübler is liable to the customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
10.1. Kübler is liable without restriction for any legal reason
(i.) in the case of intent or gross negligence,
(ii.) in the event of intentional or negligent injury to life, limb or health,
(iii.) in the event of the assumption of a guarantee for the quality of the goods or any other guarantee,
(iv.) in the case of fraudulently concealed defects,
(v.) due to mandatory liability (e.g. according to the product liability law). 2.
10.if Kübler negligently breaches an essential contractual obligation, the liability is limited to the foreseeable damage typical for the contract, unless Kübler has unlimited liability according to section 10.1. Material contractual obligations are obligations which the contract imposes on Kübler according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely. 3.
10.3 Kübler's liability is otherwise excluded.
10.4. the liability regulations in clause 10.1 to clause 10.3 also apply with regard to the liability of Kübler for its vicarious agents and legal representatives.
11. DATA PROTECTION
11.1 Kübler uses the personal data provided by the customer (such as name, address, e-mail address, telephone number, account number and bank code) in accordance with the provisions of data protection law. 2.
11.all personal data will be treated confidentially. The personal data necessary for the business transaction will be stored by Kübler and used for the processing of orders, administration of the customer relationship, delivery of goods, processing of payments and prevention of bad debts and, if necessary, passed on for this purpose to service partners of which Kübler makes use for the processing of the contract (such as, for example, shipping companies or credit institutions). Furthermore, data is used for Kübler's own advertising and marketing purposes, e.g. for sending written promotional information. Kübler will use the customer's e-mail address to send promotional offers if the customer has not objected to this. If this requires the customer's consent, Kübler will obtain this consent in advance. Advertising by telephone will also only take place with the customer's express consent.
11.3 The customer can withdraw his consent at any time by notifying
Paul H. Kübler
Bekleidungswerk GmbH & Co. KG
Telephone: +49 (0) 7181 8003-0
Fax: +49 (0) 7181 8003-31
you may object to the use and processing of your data for our own advertising and marketing purposes and revoke any consent you may have given for the use of your data.
12. APPLICABLE LAW
All legal relationships between Kübler and the customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
13. ALTERNATIVE DISPUTE RESOLUTION
13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. 2.
13.2 Kübler is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Status: December 2020