General Terms and Conditions of Kronen Küchengeräte GmbH
1. These conditions apply to all of our services, both for current and future business relationships, even if these conditions are no longer expressly agreed. These GTC are not intended for use by consumers.
2. Drawings, documentation, etc. information, we reserve our property rights and copyrights; they may not be made accessible to third parties without our prior written consent. They are to be returned immediately at the request of the seller.
3. With his signature, the buyer makes an irrevocable purchase offer for 4 weeks, which requires acceptance by the seller. The acceptance takes place through the order confirmation. The seller expressly reserves the right to make changes to the devices that serve technical progress.
4. In the case of call-off orders with or without a time specification, the buyer is obliged to notify the seller in writing of the desired delivery date at least 8 weeks in advance. The list prices valid at the time of delivery then apply.
5. Verbal agreements, subsequent changes to the contract, guaranteed properties of the goods, delivery dates are only binding if they are confirmed in writing.
6. Kronen Küchengeräte GmbH, in Willstätt-Eckartsweier, is solely responsible for confirming the order, for accepting notifications of defects and for processing the contract.
7. The place of performance for all obligations arising from the contractual relationship and the place of jurisdiction for legal disputes of any kind arising from the business relationship is Kehl. This also applies if the customer does not have a general place of jurisdiction in Germany.
The buyer is obliged to accept the purchased goods. If he does not accept these for reasons for which the buyer is responsible, he must pay 0.1% per day of the net order value plus the applicable VAT for storage costs from the delivery date. The buyer may not refuse to accept the delivery in the event of minor defects and quantity discrepancies.
1. The delivery time is only approximate. If the seller does not meet the approximate delivery date, the buyer must notify the seller in writing of default in delivery, whereby the delivery period to be specified by the buyer must be at least 6 weeks. Claims for damages for this period are excluded.
2. If the completion or delivery of the delivery item is demonstrably delayed due to force majeure, labor disputes or other events beyond our control, the delivery time shall be extended appropriately.
IV. Shipping, risk of loss and assembly
1. Unless otherwise specified, the goods are shipped at the risk of the buyer ex works or at a shipping point to be chosen by the seller at the expense and risk of the buyer.
2. The costs of transport insurance, which the seller is entitled to but not obliged to take out, are borne by the buyer. Likewise, the costs for loading, customs duties and the like are borne by the buyer.
3. If an acceptance has to take place, this is decisive for the transfer of risk. If the customer has taken on the transport of the item from the place of manufacture to the place of use, the customer bears the risk for the duration of the transport.
4. Unless otherwise stipulated, the installation, connection and assembly of the object of purchase are the responsibility of the buyer and are to be carried out by the seller's authorized customer service department or in cooperation with the seller at his own expense and risk, in compliance with the applicable official regulations get it.
V. Liability for material defects and complaints
1. Claims for material defects become time-barred within 12 months after delivery of the goods. The seller assumes no liability for material defects in used items.
2. At our discretion, we will redeliver or improve all services that turn out to be deficient as a result of a circumstance that occurred before the transfer of risk.
3. We reserve ownership of parts replaced in the exchange process.
4. In particular, no guarantee is given for damage that has arisen for the following reasons, but which cannot be traced back to our fault:
Natural wear and tear, normal wear and tear, improper interventions or repair work by the buyer or third parties, unsuitable or improper use, incorrect operation, assembly, commissioning, incorrect or negligent treatment, improper maintenance, use of unsuitable operating and cleaning agents, chemical, electrochemical or electrical Influences, changes made to the delivery item without our consent.
5. The buyer must give the seller the necessary time and opportunity to carry out the repair or replacement delivery that we deem necessary at our reasonable discretion.
6. In the case of justified complaints, the seller bears the direct costs of the repair or replacement delivery. In the case of delivery locations outside of the Federal Republic of Germany, the total costs to be borne by us are limited to the amount of the order value.
7. In cases of culpable contributory causation of the defects by the buyer, in particular due to non-compliance with the obligation to avoid damage and the obligation to reduce the price, the seller reserves the right to a corresponding claim for damages.
8. The buyer has the right to choose to withdraw from the contract if - taking into account the statutory exceptions - a deadline set for us for the repair or replacement delivery due to a material defect elapses without result.
9. The buyer's rights resulting from liability for material defects cannot be transferred without the consent of the seller.
VI. warranty conditions
1. The seller grants the end customer a guarantee for newly manufactured Kronen devices, provided they remain in Germany. The warranty period is 12 months from the delivery of the device to the end customer, but no longer than 18 months from the factory delivery of the device.
2. Within the scope of the guarantee, Kronen Küchengeräte GmbH undertakes to rectify or replace the defective parts if the functionality of the Kronen appliance is significantly impaired. Further claims are excluded under the guarantee.
After timely notification of the warranty case, the service department of Kronen Küchengeräte GmbH will decide how the fault is to be rectified and discuss the further procedure with the customer, if necessary involving a customer service authorized by Kronen Küchengeräte GmbH. If it is necessary to ship the device for repairs under the guarantee, shipping will be at the expense and risk of the customer.
3. A guarantee claim is excluded:
- with normal wear and tear,
- if the devices are installed incorrectly,
- in the event of willful damage or incorrect operation,
- Damage caused by an inspection or repair by a person not authorized by Kronen Küchengeräte GmbH.
4. Kronen Küchengeräte GmbH limits the warranty provisions for devices that are intended for sale abroad. In these cases, Kronen Küchengeräte GmbH gives
a guarantee for the original Kronen spare parts. This warranty covers the functionality of the replacement parts when properly installed. In the event of a functional defect, Kronen Küchengeräte GmbH will provide a replacement part. Any assembly and personnel costs incurred will not be covered.
In this case, the guarantee is limited to 12 months from the transfer of risk.
5. A prerequisite for the warranty services shown is that all prescribed maintenance and care work has been carried out by a customer service authorized by Kronen Küchengeräte GmbH and that all care and operating instructions from Kronen Küchengeräte 0GmbH have been observed._cc781905-5cde-3194- bb3b-136bad5cf58d_
The guarantee cannot be transferred without the written consent of Kronen Küchengeräte GmbH.
6. Kronen Küchengeräte GmbH grants a functional guarantee of 6 months for every original Kronen spare part that has been properly installed. In the event of a failure, Kronen GmbH will provide an original part. Further claims, including costs for the exchange, cannot be accepted. Exceptions to this are parts that are subject to above-average wear and tear caused by the operator.
1. The prices apply ex delivery works or other shipping point of the seller's choice plus value added tax at the statutory rate applicable at the time of delivery.
2. Payment is to be made to Kronen Küchengeräte GmbH, Willstätt, in accordance with the payment agreement. The seller determines against which claims incoming payments are to be offset. Any costs and/or fees incurred with the payment shall be borne by the buyer. In the case of payment by check or bill of exchange, the claims will only be repaid once they have been honoured. If a check or a bill of exchange or a direct debit is not cashed, the remaining claim is due for payment immediately and the seller is immediately entitled to withdraw from the contract or to claim damages. Deliveries abroad are generally only made against a letter of credit.
3. If an agreed payment date is exceeded, we will charge interest on arrears in accordance with the applicable statutory provisions (§§ 247, 288 BGB).
4. A remaining debt is due immediately, regardless of the agreed due date, if:
a) the buyer is in arrears in whole or in part with two consecutive partial payments;
b) the Buyer stops making payments, is subject to insolvency or bankruptcy proceedings, or applies to its creditors for a moratorium or seeks insolvency proceedings;
5. In the case of partial deliveries that are fully functional in themselves, the seller is entitled to invoice this partial delivery separately.
6. The buyer's payments will first be offset against any costs, then against interest and finally against the purchase price claims.
1. We are only liable, including in the event of damage due to breaches of duty during contract negotiations, regardless of the legal reason (in particular for compensation for damage that did not occur to the delivery item itself) in the event of intent, culpable violation of essential contractual obligations, gross negligence on the part of the company organs or Executive employees as well as culpable injury to life, limb and health.
2. Compensation for pure financial losses is limited by the general principles of good faith, for example in cases of disproportionality between the amount of the order and the amount of damage.
3. Further liability, for whatever legal reason, in particular for compensation for damage that has not occurred to the delivery item itself, is excluded.
IX. Return of devices
1. Returned devices will only be accepted in payment under the seller's applicable terms and conditions. Commercial agents and other representatives as well as customer service employees are only authorized to receive goods if they present a written power of attorney issued by the seller. The buyer bears the costs of the return, dismantling, transport costs, labor costs, etc.
2. After the end of use of the devices supplied by Kronen Küchengeräte GmbH, the customer is obliged to dispose of the devices at his own expense. The legal regulations must be observed for disposal.
The customer releases Kronen Küchengeräte GmbH from all obligations under Section 10, Paragraph 2 of the Electrical and Electronic Equipment Act (ElektroG) - in particular from the manufacturer's obligation to take back the product and all related third-party claims.
If delivered devices are passed on to third parties, the customer is obliged to contractually oblige them to dispose of the devices properly after the end of use in compliance with the statutory provisions. If the devices are passed on again, the third parties must be contractually obliged to impose a corresponding further obligation on the recipients of the devices.
Violation of the specifications in Section 3 obliges the customer to take back the devices in accordance with Section 1 and to dispose of them in accordance with the statutory provisions. Kronen Küchengeräte GmbH is to be released from any claims by third parties.
Any deviating agreement on the return and disposal of old electrical appliances by Kronen Küchengeräte GmbH must be in writing.
X. Retention of title
1. All delivered goods and the proceeds from the resale remain the property of the seller until all claims of the seller against the buyer have been paid in full. The buyer thus assigns his claims from the resale of the goods to the seller until all claims from the purchase contract have been fulfilled.
2. Insofar as the validity of the retention of title in the country of destination is linked to special requirements or special formal requirements, the buyer must ensure that they are fulfilled.
3. The buyer may neither pledge the delivery item nor assign it as security prior to the transfer of ownership. In the event of attachments, confiscation or other dispositions by third parties, the buyer must notify us immediately.
4. If the buyer behaves in breach of contract, in particular in the event of default in payment, we are entitled to take back the goods after a reminder. The buyer is obliged to surrender. Neither the assertion of the retention of title nor the pledging of the delivery item by us counts as withdrawal.
5. An application to open insolvency proceedings against the buyer's assets entitles us to withdraw from the contract and to demand the immediate return of the delivery item.
6. If the contract is reversed for reasons for which the buyer is responsible, the seller is entitled to demand compensation for the reduction in value for the use and use of the item.
XI. flat rate of claims for damages
If Kronen Küchengeräte GmbH has the right to claim damages, Kronen Küchengeräte GmbH can claim 25% of the purchase price as damage without proof. Kronen Küchengeräte GmbH reserves the right to assert higher actual damages.
XII. Partial invalidity