General Terms and Conditions KARL DAHM | AGB

Terms and Conditions

• 1. Scope
• 2. Contracting party, conclusion of contract, correction options
• 3. Contract language, storage of the contract text
• 4. Subject matter of the contract
• 5. Installation
• 6. Delivery terms
• 7. Payment
• 8. Right of withdrawal
• 9. Retention of title
• 10. Transport damage
• 11. Warranty and guarantees
• 12. Liability
• 13. Dispute resolution
• 14. Final provisions
• 1. Scope

These Terms and Conditions apply to all orders placed via our online shop by consumers and businesses.

For Germany: Consumers, within the meaning of Section 13 of the German Civil Code (BGB), are any natural persons who enter into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.

For Austria: In the following terms, the term "consumer" is to be understood as "Konsument" within the meaning of the Austrian Consumer Protection Act (KSchG).

For Switzerland: In the following terms, the term "consumer" is to be understood as "Konsument" under Swiss law.

A business (entrepreneur) is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

With respect to businesses: If the business uses conflicting or supplementary general terms and conditions, their applicability is hereby rejected; they shall become part of the contract only if we have expressly agreed to them.

2. Contracting party, conclusion of contract, correction options
The purchase contract is concluded with Karl Dahm & Partner GmbH.

The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained during the ordering process. By clicking the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.

We accept your offer within two days by

sending a declaration of acceptance in a separate email, or
where applicable, by having the payment transaction carried out by our service provider or the selected payment service provider. The time at which the payment transaction is executed depends on the selected payment method (see “Payment”).
Which alternative is relevant for you depends on which of the listed events occurs first.

3. Contract language, storage of the contract text
The language(s) available for the conclusion of the contract: German, English, French

We store the contract text and send you the order details and our Terms and Conditions in text form. You can view the contract text in your customer login.

4. Subject matter of the contract
4.1 Product description
Reference is made to the applicability of the respective product description as an essential component of the contract.

4.2 Product images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you are uncertain, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), minor deviations between the displayed and the actual product colours are possible.

5. Installation
The provision of installation services requires an express agreement.

5.1  Selection of the service provider
We provide the service at our discretion either ourselves or through qualified personnel selected by us. We expressly reserve the right to have the service performed by third parties (subcontractors) acting on our behalf.

You are entitled to the selection of a specific person to perform the service only if and insofar as this is expressly stated in the applicable service description.

If and insofar as third parties are used to perform the service, we remain fully responsible for the fulfilment of the contractual obligations.

Before using third parties, we will check their reliability and suitability in terms of professional training, experience and/or ability to perform the service in accordance with the contract, and we will obligate them accordingly.

5.2 Access to the installation site
The product will be delivered to the installation site. You are obliged to grant the persons commissioned with the installation access to the installation site.

6. Delivery terms
6.1 Delivery area
We deliver within Germany, Austria and Switzerland. We do not deliver to: China, Russia.

6.2 Delivery options
We ship the products to the delivery address specified in the ordering process.

You generally have the option to collect your order from Karl Dahm & Partner GmbH, Ludwigstr. 5, 83358 Seebruck, Germany during the following business hours: Monday–Friday from 7 a.m. to 5 p.m.

6.3 Delivery by freight forwarder
Appointment arrangement

For deliveries by freight forwarder, the freight forwarding company commissioned by us will contact you to arrange a delivery date.

Place of delivery

Delivery of the goods is limited to transport and unloading at the first public kerbside at the agreed delivery address. Delivery does not include bringing the goods into specific rooms or assembling and/or installing the ordered goods unless expressly agreed otherwise.

7. Payment
7.1 Due date and default in payment
The price is due upon conclusion of the contract unless a later date results from the following payment terms.

For customers based in Germany and Austria:

Consumers: In the event of default in payment, we reserve the right to charge a fee of EUR 1.50 per reminder for the second and each subsequent reminder. You may prove that a lower loss has occurred. Further claims remain unaffected.
For businesses: In the event of default in payment, we reserve the right to charge statutory default interest at a rate of nine percentage points above the base interest rate, as well as a lump sum of EUR 40. Further claims remain unaffected.
For customers based in Switzerland:

Consumers: In the event of default in payment, we reserve the right to charge a fee of CHF 1.50 per reminder for the second and each subsequent reminder. You may prove that a lower loss has occurred. Further claims remain unaffected.
For businesses: In the event of default in payment, we reserve the right to charge default interest at a rate of nine percentage points above the ECB base interest rate, as well as a lump sum of CHF 40. Further claims remain unaffected.
7.2 Payment methods
The following payment methods are generally available in our shop.

Advance payment
If you select advance payment, we will provide our bank details in a separate email and deliver the goods after receipt of payment.

Cash on delivery
You pay the purchase price directly to the delivery agent. No additional costs apply.

Credit card
During the ordering process you enter your credit card details. Your card will be charged immediately after the order is placed.

PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate with your login details, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. Further information is provided during the ordering process.

PayPal may offer registered PayPal customers, selected according to its own criteria, additional payment options in their PayPal account. However, we have no influence over the offering of these options; any additional individually offered payment options concern your legal relationship with PayPal. Further information can be found in your PayPal account.

Invoice
The invoice amount is due 14 days after receipt of the invoice and the goods, payable by bank transfer to the bank account specified on the invoice. We reserve the right to offer purchase on account only after a successful creditworthiness check.

Cash payment on collection
You pay the invoice amount in cash when collecting the goods.

8. Right of withdrawal
Consumers have the statutory right of withdrawal as described in the withdrawal information. No voluntary right of withdrawal is granted to businesses.

9. Retention of title
The product remains our property until full payment has been made.

For customers based in Switzerland, we are entitled to make a corresponding entry in the register of retention of title.

In addition, the following applies for businesses: We reserve title to the product until all claims arising from an ongoing business relationship have been fully settled. You may resell the goods subject to retention of title in the ordinary course of business; all claims arising from such resale are hereby assigned to us in advance – regardless of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice value, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect claims ourselves insofar as you do not meet your payment obligations. At your request, we will release the securities to which we are entitled to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

10. Transport damage
For businesses: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment.

11. Warranty and guarantees
11.1 Statutory warranty rights
For consumers based in Germany and Austria:
Statutory warranty rights apply.

For consumers based in Switzerland:
As soon as it is feasible in the ordinary course of business, they must examine the condition of the received goods and, if defects become apparent for which the seller is liable, notify the seller immediately. If the consumer fails to do so, the purchased goods are deemed approved unless the defects were not recognisable during the customary inspection. If such defects appear later, notification must be given immediately upon discovery; otherwise, the goods are also deemed approved with respect to those defects.
By way of derogation: insofar as defects in an item that has been integrated as intended into an immovable structure have caused the defectiveness of the structure, such defects must be reported within 60 days. Defects not recognisable during the customary inspection must be reported within 60 days of their discovery.

Return the defective product to us with a description of the defect. You bear the incurred transport costs. We provide warranty by remedying defects. At our discretion, this is done either by eliminating the defect (repair) or by delivering a defect-free item (replacement). If subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded.

For businesses and merchants:
Unless expressly agreed otherwise below, statutory warranty law applies.
The following limitations and shortened limitation periods do not apply to claims for damages caused by us, our legal representatives or vicarious agents

• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty and in cases of fraudulent intent
• in the event of breach of essential contractual obligations (cardinal obligations)
• within the scope of a guarantee undertaking, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Limitations for businesses

With respect to businesses, only our own information and the manufacturer’s product descriptions incorporated into the contract are deemed to be an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising claims. For businesses, the limitation period for warranty claims for newly manufactured items is one year from the transfer of risk. This does not apply to an item that has been used for a building in accordance with its customary use and has caused the defectiveness of the building. The sale of used goods is made to the exclusion of any warranty. The statutory limitation periods for recourse claims pursuant to Section 445a BGB remain unaffected.

Note for merchants

Among merchants, the duty to inspect and give notice of defects as set out in Section 377 of the German Commercial Code (HGB) applies. If you fail to give notice as required, the goods are deemed approved unless the defect was not recognisable during the inspection. This does not apply if we fraudulently concealed a defect.

11.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.

12. Liability
We are liable without limitation for claims for damages caused by us, our legal representatives or vicarious agents

in the event of injury to life, body or health,
in the event of intentional or grossly negligent breach of duty,
in the event of a guarantee undertaking, if agreed, or
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents, liability is limited in amount to the foreseeable damage at the time of contract conclusion, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

13. Dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

14. Final provisions
If you are a business, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.