General Terms and Conditions

1 Scope of application

(1) These General Terms and Conditions apply to contracts that you conclude with us as the seller (Kienzler Holzwaren GmbH) via our online shop
online store https://www.kihowa.de/de/shop/. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
(2) A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
(3) An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2 Conclusion of contract

(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After accessing the “Checkout” page and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview. The order data will be displayed as an order overview. If you use an instant payment system (e.g. PayPal) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store. Before submitting the order, you have the option of checking the details in the order overview again, changing them or canceling the order. By sending the order via the corresponding button (“order for a fee” or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
(5) The contract language is German.
(6) The complete text of the contract is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
(7) In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

3 Right of withdrawal

(1) Consumers are generally entitled to a right of withdrawal.
(2) Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

4 Prices and terms of payment

(1) The prices are subject to change and are ex works, including VAT. Shipment is at the expense and risk of the customer.
(2) The shipping costs incurred (freight, packaging, insurance) are not included in the purchase price. These are shown separately during the ordering process and are to be borne by you in addition. We assume no obligation for the cheapest shipping.
(3) If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
(4) Any costs incurred for the transfer of money (bank transfer or exchange rate fees) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
(5) The payment methods available to you will be communicated in the online store.
(6) Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

5 Delivery and shipping conditions

(1) The terms of delivery, the delivery date and any existing delivery restrictions can be found in the respective offer.
(2) If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
(3) If you are an entrepreneur, delivery and shipment shall be at your risk.
(4) If delivery to the customer was not possible and the transport company returns the ordered goods to the seller, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice.
(5) In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can collect the goods from the seller’s premises by arrangement with the seller. In this case, no shipping costs will be charged.
(6) Force majeure and other events for which we are not responsible and which may jeopardize the smooth processing of the order (e.g. delivery delays or impossibility of delivery on the part of our suppliers, material or energy shortages) shall entitle us to withdraw from the contract in whole or in part or to postpone delivery.

6 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) We are entitled to demand the return of the delivered goods if the customer does not meet his payment obligations.
(4) If you are an entrepreneur, the following shall apply in addition:
(a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

7 Warranty

(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
(a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectification of defects or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless such relocation corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
– for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness;
– in the case of statutory recourse claims that you have against us in connection with warranty rights.

8 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law.
are. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

9 Liability

(1) The Seller shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, under the Product Liability Act, on the basis of a guarantee promise, in the event of fraudulent concealment of defects and for damage caused by intent and gross negligence.
(2) If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, the occurrence of which could be expected. Material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely.
(3) Any further liability of the seller is excluded.
(4) The above exclusions and limitations of liability shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.