General Terms and Conditions

 

General Terms and Conditions

 

1. General information

 

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1.1 Provider

 

www.kerzenkiste.de is a service of the IHDE-KERZEN GMBH & CO. KG, MANAGING DIRECTORS MENO IHDE, WOLFGANG IHDE, ACHTERSTRASSE 8, 25355 BULLENKUHLEN, VAT ID no. according to § 27 a of the Value Added Tax Act: DE 207941700, Commercial Registry: District Court of Elmshorn HRA 1376, telephone: 04123/5566, Fax: 04123/6544, E-Mail: info@ihde-kerzen.de (hereinafter: IHDE-Kerzen).

 

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1.2 Scope of the General Terms and Conditions

 

All business transactions, which arise between IHDE-Kerzen and its customers, are governed based on the following General Terms and Conditions (Terms) in the version applicable at the time of the order, insofar as no individual agreements were stipulated. Individual agreements take precedence over these General Terms and Conditions.

 

1.3 Customer / Consumer and Entrepreneur

 

A customer as defined by these Terms is a consumer as well as an entrepreneur unless otherwise designated. According to § 13 of the German Civil Code, a consumer is any individual, who concludes a legal transaction for purposes, which cannot be attributed to his professional business activities. According to § 14 of the German Civil Code, an entrepreneur is an individual or legal entity (e.g. private limited liability companies, public limited companies) or a partnership with legal capacity (e.g. limited partnerships, private partnerships, general partnerships), who/which exercises its professional business activity in concluding a legal transaction.

 

As far as the “customer" is referred to in the masculine form, the female customer is also referred to here.

 

2. Conclusion of contract

 

A sales contract is concluded by the offer (of the customer) and acceptance of the offer (by IHDE-Kerzen). For the conclusion of a contract, it is imperative that the order process was completed by the customer sending his order to IHDE-Kerzen.

 

2.1 Offer

 

The presentation of goods in the online shop of IHDE-Kerzen does not represent an offer to the public in terms of § 145 of the German Civil Code. The presentation of goods is merely to be regarded as an invitation aimed at the customers of IHDE-Kerzen, to submit a purchase offer to IHDE-Kerzen. The customer submits a purchase offer to IHDE-Kerzen by ordering the presented goods from IHDE-Kerzen. This statement represents the customer’s buying intention to buy the respective goods.

 

The customer is bound to his purchase offer for 2 days as soon as IHDE-Kerzen can access it under normal circumstances, for electronic orders via the Internet after the order has passed through the electronic interface of the server receiving the order.

 

A subsequent cancellation of the order does not cancel the offer if the customer cannot show that it is a matter of a significant error. The customer’s right of cancellation remains unaffected thereof.

 

2.2 Acceptance

 

The receipt of the order (i.e. the customer's offer in accordance with item 2.1) is immediately confirmed electronically (via E-Mail) after IHDE-Kerzen can access the order under normal circumstances. Accessibility for electronic orders via the Internet is given after passing through the electronic interface of the server receiving the order.

 

The acceptance of the customer's offer by IHDE-Kerzen takes place no later than 2 days after receipt of the purchase offer; either in line with the automatic confirmation of order receipt by E-Mail or by separate E-Mail with the message “We hereby accept your purchase offer according to the order dated [date]”. If the customer has not yet received any of the aforementioned statements regarding the acceptance of his offer via E-mail from IHDE-Kerzen 2 days after his order (purchase order), the order is deemed to be rejected.

 

2.3 Reservation of contract

 

Contract conclusion is subject to IHDE-Kerzen – insofar as the goods are not in stock – receiving the correct and punctual delivery of the type and quantity of goods from the respective supplier. This reservation only applies if IHDE-Kerzen is not responsible for the possible missing delivery and in particular, if IHDE-Kerzen has duly contracted so-called congruent coverage, to fulfil its contractual obligations. If the goods are not available, IHDE-Kerzen will immediately inform the customer accordingly. If the customer has already paid the purchase price and additional charges (e.g. costs for shipping and handling), these costs will be immediately refunded by IHDE-Kerzen or, however only if the customer explicitly requests so, can be allocated to another order.

 

2.4 Technical steps for conclusion of contract

 

To purchase an item from IHDE-Kerzen, the customer must submit an order. The following technical steps must be carried out for this purpose:

 

a. First, the customer must choose the product from the goods offered by IHDE-Kerzen. This is done by clicking the “Add to cart” button next to the product, which places this product into the customer’s shopping cart.

 

b. The customer can then click the “Check-out” or “Express check-out with PayPal” button. When clicking “Check-out”, the customer is redirected to a page where the customer can either login if he is already registered, can register as a new customer or can place his order as a guest. In “Express check-out with PayPal”, the customer can, in addition to the registration, also specify his PayPal account or create one.

 

c. After clicking the “Continue” button, the customer can select the preferred type of delivery; after clicking “Continue” again, he can select the method of payment and then, after clicking “Continue” again, a complete overview of the order is shown.

 

d. By clicking the “Order” button, the customer submits a binding order to IHDE-Kerzen for the goods contained in the shopping cart (“purchase order”). Please note item 2.2 in these General Terms and Conditions.

 

e. The customer then receives a confirmation E-Mail indicating that IHDE-Kerzen has received his order and will proceed to process it. Please note item 2.1 in these General Terms and Conditions.

 

2.5 Detection and correction of type errors

 

The customer can change or delete the contents of the shopping cart by selecting the menu item Shopping cart. Changes can be made using the mouse. For this purpose, the quantity to be changed must be clicked using the left mouse button and then overwritten or “delete” can be clicked and then “update”.

 

By clicking the “Check-out” button, the customer is redirected to a page where he, as far as he is not yet registered as a customer in the IHDE-Kerzen computer system, has the opportunity of registering. Here, the customer can also check and change his delivery and payment preferences as well as view the General Terms and Conditions.

 

By clicking the “Continue” button, the customer accesses the confirmation page, where he can recheck as well as change any of his information. Here, the customer can also terminate his order; in this case, no contract is concluded.

 

2.6 Subject matter of contract; essential characteristics of the goods

 

The subject matter of the contract being concluded between the customer and IHDE-Kerzen and therefore, also the essential characteristics of the goods is determined by the product description published by IHDE-Kerzen in the online shop, according to public statements made by IHDE-Kerzen or an assistant, the manufacturer of the goods (§ 4 sec. 1 and 2 of the Product Liability Act) or an assistant, particularly in advertising or identification of specific properties of the object, unless IHDE-Kerzen was not aware of the statement and was not expected to be aware of it, so that they are corrected in an equivalent manner or they could not influence the customer’s purchase decision at the time of contract conclusion. Individual agreements between the customer and IHDE-Kerzen pertaining to the subject matter of contract or the characteristics of the goods take precedence over the preceding, otherwise given determination of the subject matter of contract or the characteristics of the goods.

 

2.7 Storage of contract wording

 

Contract wording is stored by IHDE-Kerzen after contract conclusion. The customer can access said wording. The customer can request the contract wording from IHDE-Kerzen via E-Mail and IHDE-Kerzen will then send the customer said wording via E-Mail. Furthermore, the contract wording including the Terms and the Cancellation Policy are sent to the customer with the confirmation E-Mail. When the customer accesses the E-Mail, the contract wording is stored on the customer’s computer and can be accessed there until it is deleted.

 

2.8 Contract language

 

Solely German is available for contract conclusion.

 

3. Prices/costs, method of payment, due date

 

3.1 Prices/Costs

 

The purchase price includes the applicable VAT. The purchase price does not include a packaging and shipping fee, the amount of which is indicated in each product presentation separately by means of precise cost information or a link to a general shipping cost overview. If delivery to the customer is not possible for reasons, which the customer is responsible for (e.g. absence despite prior scheduled date; impossible delivery due to large dimensions of the goods despite distinct and comprehensible information of the dimensions in the product description), the customer must bear the additional costs for the unsuccessful attempt of delivering the goods.

 

3.2 Customs duty

 

Depending on individual regulatory terms of the country in which the buyer has his place of residence, import duties can arise in addition to the purchase price, which must be paid for by the buyer. Import duties include customs duties, importation VAT and specific consumption tax such as duty on spirits or tobacco for example. All fees or taxes are referred to as customs duties, which must be paid in transnational trade with third countries. No customs duties must be paid within the European Union. IHDE-Kerzen advises the customer to obtain information on import duties from the national customs authority in his country.

 

3.3 Purchase price due date

 

Unless otherwise stipulated, in the event of “prepayment”, the purchase price is immediately due after IHDE-Kerzen has accepted the customer’s offer to conclude a contract (cp. item 2.2).

 

Notwithstanding the preceding provision, the purchase price for cash on delivery parcels is due after the actual offer of the contractual goods by the delivery agent (e.g. DHL) assigned by IHDE-Kerzen to the delivery address specified by the customer.

 

3.4 Method of payment

 

IHDE-Kerzen offers the option of payment via cash on delivery, prepayment, PayPal or credit card. In individual cases, IHDE-Kerzen offers other methods of payment upon request.

 

In the case of the payment method cash on delivery, costs amounting to 7.00 EUR are charged in addition to the indicated shipping costs (consisting of the COD fee amounting to 5.00 EUR and the forwarding fee amounting to 2.00 EUR). The payment of the purchase price plus the indicated shipping and COD costs must be made to the delivery agent (e.g. DHL) at the time of delivery of the contractual goods.

 

In the case of payment using credit card, fees may be incurred at your credit card company according to the agreements made with you. IHDE-Kerzen has no influence on said fees.

 

4. Transfer of risk

 

4.1 Transfer of risk for consumers

 

If the customer is a private consumer in accordance with item 1.3 of these Terms, the risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon delivery of the goods.

 

4.2 Transfer of risk for entrepreneurs

 

If the customer is an entrepreneur operating professionally in accordance with item 1.3 of these Terms, the risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon delivery of the goods to the company designated for execution of shipment; only in this case (buyer is entrepreneur) are the headquarters of IHDE-Kerzen the place of fulfilment.

 

4.3 Transfer of risk in the event of default of acceptance

 

The risk is also transferred to the buyer if the latter is in default of acceptance.

 

5. Delivery

 

5.1 Delivery address

 

Delivery is carried out by shipment ex stock to the delivery address specified by the customer. The delivery address can differ from the billing address. If no delivery address is indicated, delivery is made to the billing address. IHDE-Kerzen calls attention to the reservation of previous delivery from suppliers (cp. 2.3).

 

5.2 Period of delivery

 

If no period of delivery is indicated for a product in stock at IHDE-Kerzen, said product is available immediately. In this respect, the period of delivery is 3 work days after all requirements for a delivery of the goods (payment in the case of stipulated prepayment, correct address information) are met.

 

6. Customer service / Method of dealing with complaints

 

The customer service at IHDE-Kerzen can be reached for questions or complaints on weekdays from 8:00 am to 12:00 pm using the contact information stated under item 1.1.

 

Insofar as the customer lodges a complaint with IHDE-Kerzen, said complaint is registered by IHDE-Kerzen and stored with the customer’s purchase transaction in the IHDE-Kerzen computer system. IHDE-Kerzen then replies via E-Mail or, in the event that IHDE-Kerzen does not have an E-Mail address for the customer, by means of another communication channel (e.g. telephone or letter by post) and provides information on how the customer’s complaint was dealt with and whether, where necessary, a remedy was able to be found for the relevant issue. Insofar as the customer’s complaint (also) constitutes the claim to statutory warranty rights , the customer’s statutory warranty claims are met.

 

7. Retention of title

 

IHDE-Kerzen reserves the right to ownership of the purchased item until the respective purchase price and the respective costs for shipping and handling are paid for.

 

8. Costs for return shipment in the event of cancellation

 

Insofar as the customer exercises his legal right of cancellation within the period prescribed, the customer must bear the direct costs for the return of the goods.

 

9. Warranty / Statutory warranty rights

 

Customers are entitled to warranty claims for defects according to the legal provisions (so-called “statutory warranty rights”).

 

IHDE-Kerzen does not grant the customer any warranty in accordance with § 443 of the German Civil Code (BGB) for the goods offered. The customer can view the product documentation to determine whether or not there is a warranty on the part of the manufacturer or a third party, which is granted in addition to the warranty by IHDE-Kerzen. Warranty claims resulting from a manufacturer warranty constitute their own legal relationship to the manufacturer and must be directly asserted towards said manufacturer. Warranty claims resulting from a third-party warranty constitute their own legal relationship to the third party and must be directly asserted towards said third party.

 

10. Fees for image use / Illegal image use

 

Photographs, which are used in product descriptions by IHDE-Kerzen, are invariably protected by copyright. Insofar as the copyrighted right of use to an image solely lies with IHDE-Kerzen, IHDE-Kerzen receives a utilisation fee from a party interested in using the image for a reproduction, distribution, in particular provision of public access (via Internet) and/or alteration of this image, which is to be contractually stipulated in advance. Unless otherwise stipulated, for insertions on the Internet, Intranet, web design, banner advertisement, online shop (advertising/PR/corporate publishing) this amounts to:

- for a usage period of up to 1 week for an insertion in a banner advertisement 180.00 EUR, on a homepage (welcome page) 90.00 EUR and on a subpage 60.00 EUR,

- for a usage period of up to 1 month for an insertion in a banner advertisement 300.00 EUR, on a homepage (welcome page) 150.00 EUR and on a subpage 100.00 EUR,

- for a usage period of up to 3 months for an insertion in a banner advertisement 450.00 EUR, on a homepage (welcome page) 225.00 EUR and on a subpage 150.00 EUR,

- for a usage period of up to 6 months for an insertion in a banner advertisement 540.00 EUR, on a homepage (welcome page) 270.00 EUR and on a subpage 180.00 EUR,

- for a usage period of up to 1 year for an insertion in a banner advertisement 930.00 EUR, on a homepage (welcome page) 465.00 EUR and on a subpage 310.00 EUR.

 

The fees quoted are in EUR, net excluding VAT and always related to one single image. An additional fee of 50% per additional period is charged for an extension of the usage period. For the use of the image in an online shop, the aforementioned EUR amounts are plus a 50% extra charge.

 

In the event of illegal copying, distribution and particularly of providing public access (via Internet) and/or alteration of an image, IHDE-Kerzen receives contractual penalty amounting to three times the usage fee from a user operating professionally. The assertion of further damage claims remains unaffected thereof. The unauthorized user is entitled to prove that IHDE-Kerzen did not suffer any damage or suffered damage amounting to a significantly lower amount than the preceding lump sum.

 

11. Final provisions

 

Should one or more provisions of these Terms be ineffective, this does not affect the validity of the other provisions of these Terms. The ineffective provision is replaced by the relevant statutory provision.

 

If the buyer is a registered trader, a corporate body under public law or special fund under public law, action is to be filed at the court responsible at the headquarters of IHDE-Kerzen for all disputes resulting from this contractual relationship. This also applies if the customer is a consumer but has no general jurisdiction in Germany or whose place of residence or main residence is unknown at the time of filing action. IHDE-Kerzen also has the right to file action at the buyer’s, who is entrepreneur, headquarters. The right to appeal to the court in another legal jurisdiction remains unaffected thereof.

 

The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

No confidentiality can be guaranteed for the transmission of unencrypted data on the Internet. Upon request, encrypted communication can be provided.

Version of the Terms: V5.5

General Terms and Conditions

 

1. General information

 

******************************************************************

 

1.1 Provider

 

www.kerzenkiste.de is a service of the IHDE-KERZEN GMBH & CO. KG, MANAGING DIRECTORS MENO IHDE, WOLFGANG IHDE, ACHTERSTRASSE 8, 25355 BULLENKUHLEN, VAT ID no. according to § 27 a of the Value Added Tax Act: DE 207941700, Commercial Registry: District Court of Elmshorn HRA 1376, telephone: 04123/5566, Fax: 04123/6544, E-Mail: info@ihde-kerzen.de (hereinafter: IHDE-Kerzen).

 

******************************************************************

 

1.2 Scope of the General Terms and Conditions

 

All business transactions, which arise between IHDE-Kerzen and its customers, are governed based on the following General Terms and Conditions (Terms) in the version applicable at the time of the order, insofar as no individual agreements were stipulated. Individual agreements take precedence over these General Terms and Conditions.

 

1.3 Customer / Consumer and Entrepreneur

 

A customer as defined by these Terms is a consumer as well as an entrepreneur unless otherwise designated. According to § 13 of the German Civil Code, a consumer is any individual, who concludes a legal transaction for purposes, which cannot be attributed to his professional business activities. According to § 14 of the German Civil Code, an entrepreneur is an individual or legal entity (e.g. private limited liability companies, public limited companies) or a partnership with legal capacity (e.g. limited partnerships, private partnerships, general partnerships), who/which exercises its professional business activity in concluding a legal transaction.

 

As far as the “customer" is referred to in the masculine form, the female customer is also referred to here.

 

2. Conclusion of contract

 

A sales contract is concluded by the offer (of the customer) and acceptance of the offer (by IHDE-Kerzen). For the conclusion of a contract, it is imperative that the order process was completed by the customer sending his order to IHDE-Kerzen.

 

2.1 Offer

 

The presentation of goods in the online shop of IHDE-Kerzen does not represent an offer to the public in terms of § 145 of the German Civil Code. The presentation of goods is merely to be regarded as an invitation aimed at the customers of IHDE-Kerzen, to submit a purchase offer to IHDE-Kerzen. The customer submits a purchase offer to IHDE-Kerzen by ordering the presented goods from IHDE-Kerzen. This statement represents the customer’s buying intention to buy the respective goods.

 

The customer is bound to his purchase offer for 2 days as soon as IHDE-Kerzen can access it under normal circumstances, for electronic orders via the Internet after the order has passed through the electronic interface of the server receiving the order.

 

A subsequent cancellation of the order does not cancel the offer if the customer cannot show that it is a matter of a significant error. The customer’s right of cancellation remains unaffected thereof.

 

2.2 Acceptance

 

The receipt of the order (i.e. the customer's offer in accordance with item 2.1) is immediately confirmed electronically (via E-Mail) after IHDE-Kerzen can access the order under normal circumstances. Accessibility for electronic orders via the Internet is given after passing through the electronic interface of the server receiving the order.

 

The acceptance of the customer's offer by IHDE-Kerzen takes place no later than 2 days after receipt of the purchase offer; either in line with the automatic confirmation of order receipt by E-Mail or by separate E-Mail with the message “We hereby accept your purchase offer according to the order dated [date]”. If the customer has not yet received any of the aforementioned statements regarding the acceptance of his offer via E-mail from IHDE-Kerzen 2 days after his order (purchase order), the order is deemed to be rejected.

 

2.3 Reservation of contract

 

Contract conclusion is subject to IHDE-Kerzen – insofar as the goods are not in stock – receiving the correct and punctual delivery of the type and quantity of goods from the respective supplier. This reservation only applies if IHDE-Kerzen is not responsible for the possible missing delivery and in particular, if IHDE-Kerzen has duly contracted so-called congruent coverage, to fulfil its contractual obligations. If the goods are not available, IHDE-Kerzen will immediately inform the customer accordingly. If the customer has already paid the purchase price and additional charges (e.g. costs for shipping and handling), these costs will be immediately refunded by IHDE-Kerzen or, however only if the customer explicitly requests so, can be allocated to another order.

 

2.4 Technical steps for conclusion of contract

 

To purchase an item from IHDE-Kerzen, the customer must submit an order. The following technical steps must be carried out for this purpose:

 

a. First, the customer must choose the product from the goods offered by IHDE-Kerzen. This is done by clicking the “Add to cart” button next to the product, which places this product into the customer’s shopping cart.

 

b. The customer can then click the “Check-out” or “Express check-out with PayPal” button. When clicking “Check-out”, the customer is redirected to a page where the customer can either login if he is already registered, can register as a new customer or can place his order as a guest. In “Express check-out with PayPal”, the customer can, in addition to the registration, also specify his PayPal account or create one.

 

c. After clicking the “Continue” button, the customer can select the preferred type of delivery; after clicking “Continue” again, he can select the method of payment and then, after clicking “Continue” again, a complete overview of the order is shown.

 

d. By clicking the “Order” button, the customer submits a binding order to IHDE-Kerzen for the goods contained in the shopping cart (“purchase order”). Please note item 2.2 in these General Terms and Conditions.

 

e. The customer then receives a confirmation E-Mail indicating that IHDE-Kerzen has received his order and will proceed to process it. Please note item 2.1 in these General Terms and Conditions.

 

2.5 Detection and correction of type errors

 

The customer can change or delete the contents of the shopping cart by selecting the menu item Shopping cart. Changes can be made using the mouse. For this purpose, the quantity to be changed must be clicked using the left mouse button and then overwritten or “delete” can be clicked and then “update”.

 

By clicking the “Check-out” button, the customer is redirected to a page where he, as far as he is not yet registered as a customer in the IHDE-Kerzen computer system, has the opportunity of registering. Here, the customer can also check and change his delivery and payment preferences as well as view the General Terms and Conditions.

 

By clicking the “Continue” button, the customer accesses the confirmation page, where he can recheck as well as change any of his information. Here, the customer can also terminate his order; in this case, no contract is concluded.

 

2.6 Subject matter of contract; essential characteristics of the goods

 

The subject matter of the contract being concluded between the customer and IHDE-Kerzen and therefore, also the essential characteristics of the goods is determined by the product description published by IHDE-Kerzen in the online shop, according to public statements made by IHDE-Kerzen or an assistant, the manufacturer of the goods (§ 4 sec. 1 and 2 of the Product Liability Act) or an assistant, particularly in advertising or identification of specific properties of the object, unless IHDE-Kerzen was not aware of the statement and was not expected to be aware of it, so that they are corrected in an equivalent manner or they could not influence the customer’s purchase decision at the time of contract conclusion. Individual agreements between the customer and IHDE-Kerzen pertaining to the subject matter of contract or the characteristics of the goods take precedence over the preceding, otherwise given determination of the subject matter of contract or the characteristics of the goods.

 

2.7 Storage of contract wording

 

Contract wording is stored by IHDE-Kerzen after contract conclusion. The customer can access said wording. The customer can request the contract wording from IHDE-Kerzen via E-Mail and IHDE-Kerzen will then send the customer said wording via E-Mail. Furthermore, the contract wording including the Terms and the Cancellation Policy are sent to the customer with the confirmation E-Mail. When the customer accesses the E-Mail, the contract wording is stored on the customer’s computer and can be accessed there until it is deleted.

 

2.8 Contract language

 

Solely German is available for contract conclusion.

 

3. Prices/costs, method of payment, due date

 

3.1 Prices/Costs

 

The purchase price includes the applicable VAT. The purchase price does not include a packaging and shipping fee, the amount of which is indicated in each product presentation separately by means of precise cost information or a link to a general shipping cost overview. If delivery to the customer is not possible for reasons, which the customer is responsible for (e.g. absence despite prior scheduled date; impossible delivery due to large dimensions of the goods despite distinct and comprehensible information of the dimensions in the product description), the customer must bear the additional costs for the unsuccessful attempt of delivering the goods.

 

3.2 Customs duty

 

Depending on individual regulatory terms of the country in which the buyer has his place of residence, import duties can arise in addition to the purchase price, which must be paid for by the buyer. Import duties include customs duties, importation VAT and specific consumption tax such as duty on spirits or tobacco for example. All fees or taxes are referred to as customs duties, which must be paid in transnational trade with third countries. No customs duties must be paid within the European Union. IHDE-Kerzen advises the customer to obtain information on import duties from the national customs authority in his country.

 

3.3 Purchase price due date

 

Unless otherwise stipulated, in the event of “prepayment”, the purchase price is immediately due after IHDE-Kerzen has accepted the customer’s offer to conclude a contract (cp. item 2.2).

 

Notwithstanding the preceding provision, the purchase price for cash on delivery parcels is due after the actual offer of the contractual goods by the delivery agent (e.g. DHL) assigned by IHDE-Kerzen to the delivery address specified by the customer.

 

3.4 Method of payment

 

IHDE-Kerzen offers the option of payment via cash on delivery, prepayment, PayPal or credit card. In individual cases, IHDE-Kerzen offers other methods of payment upon request.

 

In the case of the payment method cash on delivery, costs amounting to 7.00 EUR are charged in addition to the indicated shipping costs (consisting of the COD fee amounting to 5.00 EUR and the forwarding fee amounting to 2.00 EUR). The payment of the purchase price plus the indicated shipping and COD costs must be made to the delivery agent (e.g. DHL) at the time of delivery of the contractual goods.

 

In the case of payment using credit card, fees may be incurred at your credit card company according to the agreements made with you. IHDE-Kerzen has no influence on said fees.

 

4. Transfer of risk

 

4.1 Transfer of risk for consumers

 

If the customer is a private consumer in accordance with item 1.3 of these Terms, the risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon delivery of the goods.

 

4.2 Transfer of risk for entrepreneurs

 

If the customer is an entrepreneur operating professionally in accordance with item 1.3 of these Terms, the risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon delivery of the goods to the company designated for execution of shipment; only in this case (buyer is entrepreneur) are the headquarters of IHDE-Kerzen the place of fulfilment.

 

4.3 Transfer of risk in the event of default of acceptance

 

The risk is also transferred to the buyer if the latter is in default of acceptance.

 

5. Delivery

 

5.1 Delivery address

 

Delivery is carried out by shipment ex stock to the delivery address specified by the customer. The delivery address can differ from the billing address. If no delivery address is indicated, delivery is made to the billing address. IHDE-Kerzen calls attention to the reservation of previous delivery from suppliers (cp. 2.3).

 

5.2 Period of delivery

 

If no period of delivery is indicated for a product in stock at IHDE-Kerzen, said product is available immediately. In this respect, the period of delivery is 3 work days after all requirements for a delivery of the goods (payment in the case of stipulated prepayment, correct address information) are met.

 

6. Customer service / Method of dealing with complaints

 

The customer service at IHDE-Kerzen can be reached for questions or complaints on weekdays from 8:00 am to 12:00 pm using the contact information stated under item 1.1.

 

Insofar as the customer lodges a complaint with IHDE-Kerzen, said complaint is registered by IHDE-Kerzen and stored with the customer’s purchase transaction in the IHDE-Kerzen computer system. IHDE-Kerzen then replies via E-Mail or, in the event that IHDE-Kerzen does not have an E-Mail address for the customer, by means of another communication channel (e.g. telephone or letter by post) and provides information on how the customer’s complaint was dealt with and whether, where necessary, a remedy was able to be found for the relevant issue. Insofar as the customer’s complaint (also) constitutes the claim to statutory warranty rights , the customer’s statutory warranty claims are met.

 

7. Retention of title

 

IHDE-Kerzen reserves the right to ownership of the purchased item until the respective purchase price and the respective costs for shipping and handling are paid for.

 

8. Costs for return shipment in the event of cancellation

 

Insofar as the customer exercises his legal right of cancellation within the period prescribed, the customer must bear the direct costs for the return of the goods.

 

9. Warranty / Statutory warranty rights

 

Customers are entitled to warranty claims for defects according to the legal provisions (so-called “statutory warranty rights”).

 

IHDE-Kerzen does not grant the customer any warranty in accordance with § 443 of the German Civil Code (BGB) for the goods offered. The customer can view the product documentation to determine whether or not there is a warranty on the part of the manufacturer or a third party, which is granted in addition to the warranty by IHDE-Kerzen. Warranty claims resulting from a manufacturer warranty constitute their own legal relationship to the manufacturer and must be directly asserted towards said manufacturer. Warranty claims resulting from a third-party warranty constitute their own legal relationship to the third party and must be directly asserted towards said third party.

 

10. Fees for image use / Illegal image use

 

Photographs, which are used in product descriptions by IHDE-Kerzen, are invariably protected by copyright. Insofar as the copyrighted right of use to an image solely lies with IHDE-Kerzen, IHDE-Kerzen receives a utilisation fee from a party interested in using the image for a reproduction, distribution, in particular provision of public access (via Internet) and/or alteration of this image, which is to be contractually stipulated in advance. Unless otherwise stipulated, for insertions on the Internet, Intranet, web design, banner advertisement, online shop (advertising/PR/corporate publishing) this amounts to:

- for a usage period of up to 1 week for an insertion in a banner advertisement 180.00 EUR, on a homepage (welcome page) 90.00 EUR and on a subpage 60.00 EUR,

- for a usage period of up to 1 month for an insertion in a banner advertisement 300.00 EUR, on a homepage (welcome page) 150.00 EUR and on a subpage 100.00 EUR,

- for a usage period of up to 3 months for an insertion in a banner advertisement 450.00 EUR, on a homepage (welcome page) 225.00 EUR and on a subpage 150.00 EUR,

- for a usage period of up to 6 months for an insertion in a banner advertisement 540.00 EUR, on a homepage (welcome page) 270.00 EUR and on a subpage 180.00 EUR,

- for a usage period of up to 1 year for an insertion in a banner advertisement 930.00 EUR, on a homepage (welcome page) 465.00 EUR and on a subpage 310.00 EUR.

 

The fees quoted are in EUR, net excluding VAT and always related to one single image. An additional fee of 50% per additional period is charged for an extension of the usage period. For the use of the image in an online shop, the aforementioned EUR amounts are plus a 50% extra charge.

 

In the event of illegal copying, distribution and particularly of providing public access (via Internet) and/or alteration of an image, IHDE-Kerzen receives contractual penalty amounting to three times the usage fee from a user operating professionally. The assertion of further damage claims remains unaffected thereof. The unauthorized user is entitled to prove that IHDE-Kerzen did not suffer any damage or suffered damage amounting to a significantly lower amount than the preceding lump sum.

 

11. Final provisions

 

Should one or more provisions of these Terms be ineffective, this does not affect the validity of the other provisions of these Terms. The ineffective provision is replaced by the relevant statutory provision.

 

If the buyer is a registered trader, a corporate body under public law or special fund under public law, action is to be filed at the court responsible at the headquarters of IHDE-Kerzen for all disputes resulting from this contractual relationship. This also applies if the customer is a consumer but has no general jurisdiction in Germany or whose place of residence or main residence is unknown at the time of filing action. IHDE-Kerzen also has the right to file action at the buyer’s, who is entrepreneur, headquarters. The right to appeal to the court in another legal jurisdiction remains unaffected thereof.

 

The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

No confidentiality can be guaranteed for the transmission of unencrypted data on the Internet. Upon request, encrypted communication can be provided.

Version of the Terms: V5.5