Terms of Service:

Unless otherwise specified, the following terms and conditions apply both to consumers within the meaning of Section 13 of the German Civil Code (BGB) and to legal entities under public law, special funds under public law and companies within the meaning of Section 14 of the BGB.

1. General
Our offers are non-committal and non-binding. Conflicting terms and conditions of the contractual partner are expressly excluded. Transfers of rights and obligations of the buyer from the sales contract require the written consent of the seller.

2. Prices
All prices are exclusive of packaging and transport costs. Cost estimates are not binding. This also applies if the repair is carried out by the manufacturer.

3. Terms of delivery
Part deliveries and part services that can be reasonably expected of the buyer are permissible. In this case, every partial delivery and partial service that can be reasonably expected of the buyer is deemed to be an independent delivery and service. Unless the seller has finally refused the performance beforehand, the buyer can request the seller in writing to deliver within a reasonable period 4 weeks after a non-binding delivery date or a non-binding delivery period has been exceeded. With this reminder, the seller is in default. In the event of default, the buyer can also set the seller a reasonable grace period in writing for subsequent performance. If a reasonable deadline set in writing by the buyer for performance or supplementary performance has elapsed and the seller is responsible for this, the buyer can demand compensation instead of performance. A claim for damages for the entire service cannot be asserted if the seller has not performed the service as owed and the breach of duty is insignificant. The claim for damages is limited to a maximum of 10% of the purchase price in the case of slight negligence. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), he is only entitled to compensation in the event of willful intent or gross negligence. Disturbances in the business operations of the seller or at his sub-suppliers for which the seller is not responsible, in particular working delays and lockouts as well as cases of force majeure, which are based on an unforeseeable and involuntary event, extend the delivery time accordingly. The goods are delivered by Deutsche Post AG or another forwarding agency. Any shipping costs incurred will be indicated before the contract is concluded. In the case of postage / cash on delivery, the deliverer also charges a cash on delivery free.

4. Dispatch

The goods are dispatched to a location other than the place of performance at the buyer's expense. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur in accordance with Section 14 of the German Civil Code, shipping is at the buyer's risk.


5. Retention of Title
The goods remain the property of the seller until the claims due to the seller on the basis of the sales contract have been settled. If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur in accordance with Section 14 of the German Civil Code (BGB), in which the contract is part of the operation of his trade, the retention of title applies to the claims that the seller has against the buyer from his ongoing business relationships Has. Treatment and processing take place under exclusion of the acquisition of property according to § 950 BGB. The processed goods serve as security in the amount of the invoice value of the processed reserved goods. If the goods are resold, the buyer, if he is a legal entity under public law, a special fund under public law or an entrepreneur in accordance with Section 14 of the German Civil Code, assigns any claims arising therefrom to the seller. The assigned claim serves as security for the purchase price claim, with a current account the balance claim in the amount of the invoice value of the goods sold. At the request of the buyer, the seller is obliged to waive the retention of title if the buyer has fulfilled all claims related to the purchase item and there is adequate security for the other claims from the ongoing business relationship.

6. Warranty
As a supplementary performance, the buyer can initially demand the removal of the defect or the delivery of a defect-free item. If the supplementary performance fails, the buyer can demand a reduction in price instead of supplementary performance or, at his option, withdraw from the contract. The assertion of a claim for damages remains unaffected. The following applies to supplementary performance: a) The buyer must either notify the seller in writing of obvious defects within 2 weeks at the latest or have them recorded by him. b) Warranty obligations do not exist if the cause of the defect is that * the purchased item was handled improperly or overstressed, or * parts were built into the purchased item that the seller has not approved for use or * the purchased item is in a dated The seller has not been modified in a manner that has not been approved by the seller or * the buyer has not followed the regulations on handling, maintenance and care of the object of purchase (e.g. operating instructions). Natural wear and tear is excluded from the guarantee. If the object of purchase is a used item and the buyer is a consumer within the meaning of §13 BGB, the warranty period is 1 year. If the object of purchase is a new item and the buyer is a legal entity under public law, a special fund under public law or an entrepreneur within the meaning of Section 14 of the German Civil Code, the warranty period is also 1 year. If the object of purchase is a used item and the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code, a legal entity under public law or a special fund under public law, the warranty is excluded.

7. Returns
A copy of the invoice and, if necessary, a description of the error should be enclosed with the return. A return should be made free. After sending the original receipts for the necessary return costs incurred to the accounting department of the seller, the return costs will be reimbursed to the buyer up to the amount of a standard package from DHL (Deutsche Post Euro Express).

8. Liability
The liability of the seller towards the buyer for his legal representatives, vicarious agents or employees is excluded except in cases of intent and gross negligence; in cases of injury to life, limb or health, the seller is also liable in cases of slightly negligent breach of duty.

Claims for damages by the buyer - in particular claims for damages due to negligence in contract negotiations, due to other breach of duty or tortious claims for compensation for property damage in accordance with Section 823 BGB and indirect damage, consequential damage including lost profit - are excluded, unless the damage is caused by an intentional or grossly negligent breach of duty caused by the seller or his legal representatives or vicarious agents.

The exclusion of liability in accordance with paragraph 1 does not apply in the event of a culpable breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly trust (so-called cardinal obligation). If the buyer is a legal entity under public law, a special fund under public law or an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), in this case the seller's liability is limited to the replacement of the foreseeable damage typical of the contract, unless the damage was caused caused by an intentional or grossly negligent breach of duty by the seller or his legal representatives or vicarious agents.

Liability according to the provisions of the Product Liability Act remains unaffected in the above provisions of paragraphs 1 and 2. Furthermore, the above paragraphs 1 and 2 do not apply in the event of culpable injury to life or body or health or in the event of a breach of a guarantee by the supplier or his legal representative or vicarious agent.

9. Governing Law
the law of the Federal Republic of Germany applies to these terms and conditions as well as the business relationships between the seller and buyer, excluding the. Other national rights as well as the international UN sales law and international private law are excluded.

10. Place of performance, place of jurisdiction
fspan class = "auto-style9"> For all current and future claims from the business relationship with full merchants, including bills of exchange and checks, the exclusive place of jurisdiction is the seller's registered office. The same place of jurisdiction applies if the buyer does not have a general place of jurisdiction in Germany, has relocated his domicile or habitual abode outside of Germany after conclusion of the contract or his domicile or habitual abode is not known at the time the action is brought. However, the seller is also entitled to sue the buyer at his seat.

11. Data protection
Without your express consent, your data will only be used to process your order and will be stored in the IT system as part of the business relationship. Your data will only be passed on to companies commissioned with the delivery to the extent that order processing makes this necessary. Otherwise the data will be treated as strictly confidential and not made available to third parties.

12. Cancellation policy
For distance sales contracts for consumers within the meaning of § 13 BGB applies: can cancel their shipping order (by telephone or via the Internet) after receiving the consumer information and the cancellation policy within a period of 2 weeks after receipt of the first delivery. The revocation does not have to contain a reason and should be made either in writing by letter or fax (or on another permanent data carrier) or by returning the goods. If the revocation is declared in writing, the timely sending of the revocation to the above address is sufficient to meet the deadline. After receipt of the revocation, the seller is obliged to reimburse any payments, if necessary with the deductions permitted by law. The withdrawing buyer is obliged to return the goods. In the event of cancellation by returning the goods, posting to the post or handing over to another carrier is sufficient to meet the deadline.

Right of withdrawal
You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is given to you before the deadline expires - by returning the item. The period begins upon receipt of this information in text form. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:


KSM Kaindl-Schäfer-Manufactur Gbr

Dipl. Ing. Roland Kaindl, Claus-Georg Schäfer

Altenburgstrasse 29a

D-81243 Munich

In the event of an effective revocation, the mutually received services must be returned and any benefits (e.g. interest) surrendered. If you are unable or partially unable to return or surrender the received service and benefits (e.g. advantages of use) or only in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any benefits drawn if the use or the deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a shop. Transportable items are to be returned at our risk. You have to bear the regular costs of the return, if the delivered goods correspond to the ordered ones and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not yet received the consideration or a payment in the case of a higher price of the goods at the time of the cancellation have made the contractually agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent as a parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt.

Entrepreneurs within the meaning of Section 14 of the German Civil Code, legal entities under public law and special funds under public law have no right of withdrawal.


13. Partial ineffectiveness
If individual provisions are ineffective, the validity of the remaining provisions remains unaffected. Status: 02/01/2021



Kaindl-Schäfer-Manufactur Gbr

Dipl. Ing.Roland Kandl, Claus-Georg Schäfer

Altenburgstrasse 29a

D-81243 Munich

Tel: 0160-90765778

kontakt (@) ksm-modelle.de .


here: shipping conditions


The Enterprise:

KSM Kaindl-Schäfer-Manufactur Gbr

Altenburgstraße 29a

D-81243 München

Telefon: +49 (0) 160-90765778

Mail: kontakt (@) ksm-modelle.de

 

  •   KSM models are licensed products. Distribution, reproduction and production, be it in other colors, dimensions and lettering, is prohibited.

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