General Terms and Conditions KARL DAHM | AGB

General Terms and Conditions

Table of Contents
1. Scope of Application
2. Contractual Partner, Conclusion of Contract, Correction Options
3. Contract Language, Storage of Contract Text
4. Subject Matter of the Contract
5. Installation
6. Delivery Conditions
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 of Application
These General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and businesses.
For Germany: Consumers are any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession (§ 13 BGB).
For Austria: The term “consumer” refers to a “Konsument” within the meaning of the Consumer Protection Act (KSchG).
For Switzerland: The term “consumer” refers to a “Konsument” under Swiss law.
A business is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
For businesses: If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contractual Partner, 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 rather a non-binding online catalogue. You may place products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding offer to purchase the goods in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit your order. We accept your offer within two days by sending a declaration of acceptance in a separate email or, if applicable, by initiating the payment transaction via our payment service provider or the selected payment provider. The time at which the payment transaction is carried out depends on the selected payment method (see “Payment”). The applicable alternative is whichever occurs first.

3. Contract Language, Storage of Contract Text
The following languages are available for the conclusion of the contract: German, English, French.
We store the contract text and send you the order details and our GTC in text form. You can view the contract text in our customer login area.

4. Subject Matter of the Contract

4.1 Product Description
The respective product description forms an essential part of the contract.

4.2 Product Images
Without prejudice to your statutory warranty rights, please note the following: Due to individual screen configurations (e.g., resolution and brightness), slight deviations between displayed and actual product colors may occur. Please contact us if you have any concerns.

5. Installation

Provision of installation services requires an explicit agreement.

5.1 Choice of Service Provider
We shall provide the service either ourselves or through qualified personnel selected by us. We expressly reserve the right to have services performed by third parties (subcontractors) acting on our behalf. You only have a right to request a specific person to perform the service if this is explicitly stipulated in the service description. If and insofar as third parties are engaged, we remain fully responsible for fulfilling our contractual obligations. Before engaging third parties, we will check their reliability, qualifications, experience, and/or capability to deliver the contractual service and ensure they comply.

5.2 Access to Installation Site
The product will be delivered to the installation site. You must grant access to the persons commissioned with the installation.

6. Delivery Conditions

6.1 Delivery Area
We deliver within Germany, Austria, and Switzerland. We do not deliver to China or Russia.

6.2 Delivery Options
We deliver to the delivery address specified in the ordering process.
You may also collect the products from Karl Dahm & Partner GmbH, Ludwigstr. 5, 83358 Seebruck, Germany during the following business hours: Monday to Friday from 7 am to 5 pm.

6.3 Delivery by Freight Forwarder
Scheduling: For deliveries by freight forwarder, the company commissioned by us will contact you to arrange a delivery date.
Delivery Location: Delivery consists of transportation and unloading of the goods at the first public curbside at the agreed delivery address. Delivery does not include placement within specific premises or assembly/installation of the goods, unless otherwise explicitly agreed.

7. Payment

7.1 Due Date and Default
The price is due upon conclusion of the contract unless a later due date results from the following payment conditions.

For customers in Germany and Austria:
Consumers: In the event of payment default, we reserve the right to charge a fee of €1.50 per reminder for the second and each subsequent reminder. You may provide proof that less damage occurred. Other claims remain unaffected.
Businesses: In the event of payment default, we reserve the right to charge statutory default interest of nine percentage points above the base rate and a flat fee of €40. Other claims remain unaffected.

For customers in Switzerland:
Consumers: In the event of payment default, we reserve the right to charge CHF 1.50 per reminder for the second and each subsequent reminder. You may provide proof that less damage occurred. Other claims remain unaffected.
Businesses: In the event of payment default, we reserve the right to charge default interest of nine percentage points above the ECB base rate and a flat fee of CHF 40. Other claims remain unaffected.

7.2 Payment Methods
The following payment methods are generally available in our shop:

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 fees apply.

Credit Card: You provide your credit card details during the ordering process. Your card will be charged immediately after the order is placed.

PayPal / PayPal Express: To pay the invoice amount via PayPal, you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be executed by PayPal immediately after the order is placed. Further information is provided during the ordering process. PayPal may offer additional payment methods to registered PayPal customers at its own discretion. We have no influence over these additional payment methods; they relate solely to your legal relationship with PayPal. More information can be found in your PayPal account.

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

Cash Payment upon Collection: You pay the invoice amount in cash when collecting the goods.

8. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal instructions. Businesses are not granted a voluntary right of withdrawal.

9. Retention of Title
The product remains our property until full payment has been received.
For customers in Switzerland, we are entitled to register a retention of title in the appropriate register.
For businesses: We retain title to the product until all claims from an ongoing business relationship have been settled in full. You may resell the goods in the ordinary course of business; all claims resulting from this resale shall be assigned to us in advance in the amount of the invoice amount, regardless of any combination or mixing of the goods with a new item. We accept this assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you fail to meet your payment obligations. We will release securities at your request to the extent that the realizable value of the securities exceeds our outstanding claims by more than 10%.

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

11. Warranty and Guarantees

11.1 Statutory Warranty Rights
For consumers in Germany and Austria: The statutory warranty rights apply.
For consumers in Switzerland: You must inspect the condition of the received goods as soon as feasible in the ordinary course of business and notify us immediately if defects for which the seller must provide a warranty are found. If the consumer fails to do so, the goods are deemed accepted, unless there are defects that were not detectable during the usual inspection. If such defects appear later, notice must be given immediately upon discovery; otherwise, the goods shall also be deemed accepted with respect to these defects. Return the defective product to us with a description of the defect. You bear the transport costs incurred. We provide warranty by remedying the defect. At our discretion, this will be done either by rectifying the defect (repair) or by delivering a defect-free item (replacement). If subsequent performance fails, you are entitled to withdraw from the contract, except in the case of minor defects. The right to a price reduction is excluded.

For businesses and merchants: Unless expressly agreed otherwise below, the statutory warranty rights apply. The following limitations and reductions in time limits do not apply to claims for damages caused by us, our legal representatives, or agents

in the event of injury to life, body, or health

in the case of intentional or grossly negligent breach of duty or fraudulent intent

in the case of breach of essential contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)

under a guarantee, if agreed, or

if the scope of application of the Product Liability Act applies.

Limitations for Businesses
Only our own information and the product descriptions of the manufacturer included in the contract are deemed agreed as the condition of the goods; we do not accept liability for any public statements by the manufacturer or other advertising statements. For businesses, the limitation period for defect claims for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for recourse claims according to § 445a BGB remain unaffected.

Notice to Merchants
Merchants are subject to the obligation to inspect and give notice of defects pursuant to § 377 HGB. If you fail to give the notice specified therein, the goods shall be deemed approved, unless there is a defect that was not detectable during the inspection. This does not apply if we have 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 product and on special information pages in the online shop.

12. Liability
We are always fully liable for claims due to damages caused by us, our legal representatives, or agents in the event of injury to life, body, or health, in the event of intentional or grossly negligent breach of duty, under a guarantee (if agreed), or if the scope of the Product Liability Act applies. In the event of breach of essential contractual obligations (cardinal obligations) due to slight negligence by us, our legal representatives, or agents, liability is limited to the foreseeable damage typical for the contract at the time of conclusion. 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 to the exclusion of 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 (HGB), 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 shall be our registered office.