General Terms and Conditions
§ 1 General
1. These general terms and conditions (GTC) including cancellation policy, delivery and payment conditions are part of all offers and contracts for the delivery of goods and services from Kipp-Tester.com – owner Hubert Többen (hereinafter: seller):
Kipp-Tester.com Hubert Többen
2. Deviating conditions and subsequent agreements are only binding if they have been confirmed in writing by the seller.
3. Instructions on revocation/right of revocation
As a private customer, you have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us
owner Hubert Többen
Fax number: 04723/5009121
E-mail address: info@ Kipp-Tester.com
by means of a clear statement (e.g. a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You can use the model cancellation form for this, but it is not mandatory. You can also electronically fill out and submit the model cancellation form or any other clear declaration on our website (www.kipp-tester.de). If you make use of this option, we will immediately send you (e.g. by e-mail) confirmation of receipt of such a revocation. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the
handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
End of revocation
§ 2 Offers and sales
1. Our offer is aimed at customers in Germany, insofar as sales and delivery are generally made within Germany.
2. The price valid on the day of the order or the relevant price from a binding offer is used for calculation.
3. Shipping and packaging costs are generally borne by the buyer. If you have any questions about disposal or the possible return of transport and/or outer packaging material, please contact us at e-mail info@ Kipp-Tester.com or telephone at 04723/5009120
4. All prices are in EURO plus statutory VAT, if not expressly included in the price.
5. If the client terminates or cancels the order before the start of execution, the seller is entitled to demand 25% of the net order amount as flat-rate compensation.
6. Return of processed goods is excluded. In exceptional cases, which must be confirmed by us in writing, 50% of the purchase price will be deducted.
§ 3 Approval / Copyright
1. Necessary official and/or other formalities are generally to be completed or procured by the buyer.
2. The buyer assures that he is entitled to use transmitted content under copyright law and that Kipp-Tester.com can change and edit the content for a specific purpose.
§ 4 Delivery
1. Transport of our goods requires special care.
2. Orders are accepted subject to availability. All agreements made regarding delivery times remain reserved. Force majeure (including strikes) or lack of goods as a result of imponderables limit the delivery obligation or cancel it.
3. Telephone appointments require written confirmation.
4. Default and damage claims for late deliveries are excluded.
5. Recognizable defects, transport defects, incorrect deliveries, and/or any missing quantities of the goods must be reported in writing by the buyer on the day of receipt, but in any case before use or processing.
6. in the event of loss, recourse shall be made for returns to customers (e.g. of goods sent in for calibration/maintenance and/or repair) in accordance with the following compensation rate: in the first year after purchase up to max. 80%, in the second up to max. 60%, in the third up to max. 40%. in the fourth up to max. 20% of the purchase price shown on the original invoice. Equipment purchased more than five years ago shall be excluded from any compensation. 7.
7. if deliveries require several delivery attempts for which we are not culpably responsible, the addressee/customer shall bear any additional costs.
8. refusal of acceptance shall be deemed to be revocation in accordance with § 1 paragraph 3.
§ 5 Payment
1. Deliveries are always made against advance payment by bank transfer or direct debit (direct debit). It should be noted that transfers (also online) require up to 3 working days and an additional working day for internal booking. In these cases, the delivery period begins with the receipt of your payment.
2. Invoice/installment purchases or payment by credit card requires appropriate creditworthiness, which is defined in the terms and conditions of PayPal (https://cms.paypal.com/de/cgi-bin/marketingweb?cmd=_rendercontent&content_ID=ua/Legal_Hub_full&locale.x =de_DE) resp. BillSAFE
3. In previously agreed exceptional cases, invoices are to be paid net within 8 days. For payments that are received later than 30 days after the invoice date, a default interest of 5% above the base rate of the central bank as well as any expenses incurred will be charged.
4. In the event of non-contractual payment, the seller can temporarily take back the goods or demand their return. The costs incurred (particularly freight costs) shall be borne by the buyer.
5. If the buyer defaults in payment or if the buyer decides to open composition or insolvency proceedings, all arrears of the buyer are due immediately.
§ 6 Retention of title
1. All deliveries are made under express retention of title. Even in the case of resale or processing, which is only permitted in the ordinary course of business, we retain ownership of the goods until all arrears of the buyer have been paid in full.
2. The buyer is entitled to sell the delivered goods in the ordinary course of business, to process them or have them processed by third parties, as long as he is not in default of payment. Pledging or security transfers are prohibited.
3. Before a pledge or any other impairment of our rights by third parties, the buyer must obtain our written consent. In the case of resale or processing, the resulting claims are assigned to us from the moment they arise.
4. Retention of title and assignment remains in effect until all our claims have been settled in full. If the buyer excludes the transferability of the claims to others (and thus to us) when selling the reserved goods to third parties, then there is no proper course of business in the legal sense.
5. If third parties access the reserved goods, the buyer is obliged to point out our ownership and inform us immediately. Costs and damages paid by the buyer.
§ 7 Warranty (information on liability for defects)
1. The statutory warranty regulations apply.
2. Complaint claims do not entitle the buyer to withhold payments. We must be informed in writing within one week (5 working days) of any defects or the absence of guaranteed properties. The buyer must give us sufficient opportunity to inspect the goods complained about. Incomplete goods exclude any claim for complaint.
3. The faulty delivery may only be processed after written approval by the seller. If the goods complained about by the buyer are processed without permission or if obvious defects (e.g. breakage) are only reported to the seller after processing, all claims for complaints expire.
4. If the complaint is justified, the seller has the right to a replacement delivery. Claims for damages are excluded to the extent permitted by law.
In the event of a warranty claim or if you have any questions, please contact:
Owner Hubert Többen
Telephone number: 04723/5009120
Fax number: 04723/5009121
E-mail address: info@Kipp-Tester.com
§ 8 Invalidity of Individual Provisions
1. Should individual provisions of a purchase contract or individual provisions of these General Terms and Conditions be or become legally ineffective, the remaining provisions shall remain unaffected.
2. These terms and conditions apply and remain in force until they are replaced by more current ones. Claims from earlier GTC that are no longer valid are only possible insofar as these were a valid part of the GTC that applied when the respective contract was formed.
§ 9 Place of performance and place of jurisdiction
does not apply to private customers and end consumers within the meaning of § 13 BGB) The place of performance for all services to/for commercial customers is Cuxhaven, as is the place of jurisdiction.