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1. Contract
All contracts that the customer engages with kw-tools are based upon these general terms and conditions.
2. Offer and contract
The contract is in effect after order Confirmation has been sent, or product´s have been received.
3. Return of goods
If the customer is a end user according to § 13, he has the right to return delivered goods that he has purchased with kw-tools threw internet or other communication mediums, without any reasons within the period of one week. A Manipulation and Restocking fee of € 20.- will be charged.
The deadline starts with the receiving date of the goods, and with this information.
The goods have to be returned undamaged with original packaging with insured DHL shipment to kw-tools.
A return of goods has to be arranged with kw-tools prior of the return shipment, in order to arrange for a economical way of transport. COD shipments will not be accepted by kw-tools.
A return of products is not possible if the following cases happend.
* products that were especially ordered for the customer
* or products that have been especially produced or redesigned for the customer
* products that have been modified or changed by the customer
4. Refund after return
Immediately, but no later than one week after the return of the goods kw-tools will reimburse the amount to you.
For this process, the customer is requested to send us his bank information.
5. Prices and general terms of sales
All prices are in Euro including the VAT. The VAT amount will be mentioned on the Invoice separately.
B2B customers in EU countries will receive goods after sending us their EU VAT Nr. according to the B2B rules for deliveries within EU countries
Shipment of goods to new customers are generally processed after total amount has been transferred to the account of kw-tools. Known customers can receive the goods on open invoices. This has to be arranged prior to shipment with kw-tools. Upon request an appointment for pick up of goods against chash payment can be arranged.
Goods are generally delivered per DHL service insured.
Customers specifically requesting other uninsured shipments will carry sole responsibility for damaged shipments.
Shipment outside of EU only upon request.
For shipments outside of EU countries it is the responsibility of the customer to apply all necessary duty and tax laws, at his costs.
Transport damages should be mentioned immediately to the shipping or Parcel Company. If necessary the package should not be accepted, with the remark “ Damaged threw transport
If goods are damaged or lost during shipment, kw-tools will immediately request reimbursements or request searches for lost parcels.
kw-tools is not liable to send replacement shipments to the customer, or to reimburse the purchasing price, as long as the transport damages have not been determined, or the searches for a lost parcel has been terminated and settled.
6. Reservation of proprietary rights
Should a order according to prior arrangements not have been settled by payment in advance, but by payment on open invoice, the proprietary right only is transferred to the customer with the settlement of total amount including shipping charges.
Prior to the proprietary transfer to the customer, the customer may not dispose of the goods. As long as kw-tools is the owner of the goods, the customer has to inform kw-tools immediately as soon as a third party requests proprietary rights.
7. Guaranty
According to. § 437 the customer has the right to request a rework of goods or refund shipment for faulty delivered goods.
The customer should inform kw-tools about these cases.
Only after two unsuccessful rework processes the customer has the right to further legal guaranty clauses such as reduction of purchasing amount or cancellation of contract.
If the customer decides for a rework for faulty products, he has to send goods to kw-tools if so requested in order to allow for a speedy guaranty settlement.
Notes relating functionality of new and used goods are given by kw-tools according to best knowledge relating to our experiences.
These Information’s however don’t represent a necessary fact.
kw-tools can negotiate guaranty services with the customer only according to the customers co-operation in sending faulty goods to kw-tools or the manufacturer, in order to investigate the problem.
In case the fault cannot be detected upon thourouw investigiation, or the fault has been caused by the customer, guaranty reimbursements are not possible
The goods will be returned to the customer in a faulty state, except the customer requests by writing to cover any repair and shipment charges.
The original Invoice serves as a proof for guaranty periods.
8. Liability
Negotiations relating to liability in excess of Point 7 are not accepted.
9. Force majeure
In the case that kw-tools cannot conclude a contract for force majeur reasons (War, natural disasters...) kw-tools is excempt from reimbursements for the period force majeure reasons are present and are effecting kw-tools. If kw-tools cannot commence delivery of order for longer than one month relating to force majeure reasons, the customer has the right to step back from the contract. Further rights to the customer are not allowed.
10. Privacy
For order Processing customer data’s may be saved . Data’s will not be handed out to third parties.
11. Other
Negotiations in excess to these General terms of sale need to be in written form.
Place of performance is the offices of kw-tools
Court of jurisdiction is Würzburg.
Englisch AGB |
