General Terms and Conditions (GTC) of Kutlu Deutschland GmbH company for services and trade (as of June 2014)
1 General - scope of validity
1. The following general terms and conditions apply to all entrepreneurial transactions between Kutlu Deutschland GmbH, Gesellschaft für Dienstleistungen und Handel, legally represented by the manager Mahmut Kutlu, Schulenkampstraße 2 A, 44536 Lünen and the customer. They are valid for the users and the companies, according to the distinction specified in the relevant clause. The version valid at the contract’s drawing up is the one which always predominates.
2. Under these contract conditions we mean, as users, the natural persons with whom the business relations are carried out, without being able to attribute them a business or professional independent activity. Under these contract conditions we mean, as entrepreneurs, the natural persons or body corporate, or partnership having legal capacity, with whom the business relations are carried out, and who act according to their business or independent activity.
3. General Terms and Conditions different, opposite or integrant, even if known, are not integral part of the contract except in case that their validity has been authorised in writing.
2 Drawing up of the contract
1. The conditions for the selling of our goods are not binding. The presentation of our products in internet and an inquiry do not force to purchase but it is just an invitation purchase. We reserve the right to change the description of the service, of the General Terms and Conditions and of all other conditions. These changes will be applied only for justified reasons, especially as a consequence of new technical developments, legal variations or other equivalent reasons. If the change should sensibly disturb the contractual balance between the parties, the change will not be applied. The changes require the customer’s approval.
2. By ordering the goods, the customer declares his contractual order, in a binding way. We will give immediate confirmation of the order receipt. The receipt confirmation of the order doesn’t represent the binding acceptation of the order yet. The confirmation receipt represents just a declaration of acceptance, only if we will explicitly indicate it. The acceptance of a telephonic order does not represent the binding acceptance from our side.
3. We reserve the right to accept the order within two weeks. In case of goods ordered electronically, we reserve the right to accept the order within three working days from the receipt. We reserve the right to refuse the acceptance of the order – for example after having checked the solvency of the customer. We reserve the right to limit the order to normal quantities.
4. The drawing up of the contract occurs conditionally as far as the total or partial execution in case of improper or irregular supply is concerned. This applies only in case that the failed supply is not on our responsibility. In case of unavailability or in case of partial availability of the goods, the customer will be promptly informed. The payment will be immediately returned.
5. If the customer orders the goods electronically, we will store the contractual test and we will send it per e-mail to the customer after the drawing up of the contract, with the legally valid GTC included.
3 Prices and payment conditions
1. All our prices include the incoming tax, freight costs excluded. All details can be consulted on the page www. profibohrer. de.
2. If the customer is the consumer, the prices variations are allowed only in case that occurs more than four months after the drawing up of the contract and the agreed delivery date. In case of changing in the salaries or in the material costs before the delivery, we reserve the right to adequate the price according to the increasing or decreasing of the costs. The customer has the withdrawal right only if the raising of the price exceeds the general costs of the living standards between order and delivery, in a substantial way.
3. If the customer is an entrepreneur, the agreed price applies. If the price, at the time of the service, has risen as a consequence of a prices variation of the market or as a consequence of the raising of the costs of eventual third parties involved in the service, the increased price applies. If this will be higher than 20% or more of the agreed price, the customer has right to withdraw from the contract. This right must be exercised immediately after the communication of the prices rising.
4. Our goods supplies must be paid in advance (advanced payment) within 10 days from the assignment. In exceptional cases we carry out the supply against open invoice. Our invoices have to be paid on receipt without discounts by bank transfer or cash. The legal rules concerning payment delay apply.
5. The customer has the right of trade-off, only if his claims are made absolute and are incontestable. If the customer is an entrepreneur, he is authorised to the mechanic’s lien only if his claims are based on the same contractual relation.
4 Retention of title
1. In case of consumers, we reserve the proprietary right of the goods till the completed payment of the purchasing price. In case of entrepreneurs, we reserve the proprietary right of the goods till the total payment of all credits resulting from the existing business relation. If the value of the properties under retention of title exceeds the credits of the existing business relation of 10%, we are compelled to release the properties under retention of title against request of the entrepreneur. The choice of the securities to release comes under our jurisdiction.
2. The customer has the duty to treat the goods carefully during the retention of title. If some maintenance or control interventions are necessary, these must be carried out regularly from the customer at its own costs. The customer must inform us immediately and in writing any eventual access to the goods from third parties, in special way any eventual measure of forced execution, and eventual destruction or damages occurred to the goods. The customer must inform us promptly about the transfer of the property of the goods or about the change of its address. The customer must compensate for all damages and costs deriving from trespass against these obligations and deriving from the necessary intervention measures, in case of access to the goods from third parties.
3. In case the customer has a behaviour which is not in compliance with the contract terms, we are authorised, especially in case of delayed payment, to withdraw from the contract and to claim the return of the goods. We are moreover authorised to withdraw from the contract, in case of breaking of the obligations according to § 4 point 2 and to claim the return of the goods, if we consider no more acceptable the continuation of the contract.
4. The entrepreneur has the right to resell the goods with regular commercial procedure. Right from the beginning, he cedes us all the credits deriving from the resale to third parties, for the amount of the invoiced sum. We accept the transfer. After the transfer, the entrepreneur is authorised to collect the credits. We reserve the right of self collection of the credits, if the entrepreneur doesn’t regularly fulfil his obligations of payment, or if he has delay with the payments. The working and processing of the goods and its modification by side of the entrepreneur, always occurs by our side. If the transformation of the goods occurs, we purchase the co-ownership of the new object, according to the value of the goods we have supplied. The same thing applies, if the goods is transformed or mixed with different objects, which are not of our property.
5 Delivery and risk transfer
1. Our delivery conditions can be consulted at the page www. profibohrer. de.
2. The delivery occurs by the address given by the customer. Basically it is not possible to deliver by a P. O. Box.
3. In case we have indicated imperative delivery times for the orders, the deliveries will be extended in case of strikes and in event of force majeure for the length of the event. The same applies, if the customer doesn't fulfil eventual cooperation obligations.
4. If the customer is an entrepreneur, the delivery is agreed ex works – if it hasn’t been differently agreed upon in the order confirmation.
5. In case of consumers, the risk of the accidental loss and of the accidental worsening of the goods sold is transferred to the user since the moment of the delivery, even in case of distance selling. In case of entrepreneurs, the risk of the accidental loss and of the accidental worsening of the goods is transferred to the entrepreneur since the moment of the delivery of the goods, and in case of distance selling since the moment of the delivery of the goods to the forwarder, to the freight operator or to the person or Company in charge for the dispatch.
6. During the download and the sending of the data through internet, the risk of the loss and of the variation of the data is transferred to the customer in case of exceeding of the network interface.
6 Withdrawal right
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
withdrawal period will expire after 14 days from the day on which you
acquire, or a third party other than the carrier and indicated by you
acquires, physical possession of the goods.
To exercise the right
of withdrawal, you must inform us (Kutlu Deutschland GmbH, Gesellschaft
für Dienstleistungen und Handel, Flöz-Sonnenschein-Str. 4, 44536 Lünen,
Tel.: 0231/98228950, Fax: 0231/98228951, E-Mail:
email@example.com) of your decision to withdraw from this
contract by an unequivocal statement (e.g. a letter sent by post, fax or
e-mail). You may use the attached model withdrawal form, but it is not obligatory.
meet the withdrawal deadline, it is sufficient for you to send your
communication concerning your exercise of the right of withdrawal before
the withdrawal period has expired.
Effects of withdrawal
you withdraw from this contract, we shall reimburse to you all payments
received from you, including the costs of delivery (with the exception
of the supplementary costs resulting from your choice of a type of
delivery other than the least expensive type of standard delivery
offered by us), without undue delay and in any event not later than 14
days from the day on which we are informed about your decision to
withdraw from this contract. We will carry out such reimbursement using
the same means of payment as you used for the initial transaction,
unless you have expressly agreed otherwise; in any event, you will not
incur any fees as a result of such reimbursement. We may withhold
reimbursement until we have received the goods back or you have supplied
evidence of having sent back the goods, whichever is the earliest.
shall send back the goods or hand them over to us, without undue delay
and in any event not later than 14 days from the day on which you
communicate your withdrawal from this contract to us. The deadline is
met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost 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.
7 Determining the cost of a return shipment
Determining the Party that incurs the cost of a return shipment:
If you make use of the right of appeal, you must pay the total cost of the return shipment if the delivered item is in conformity with the order and if the shipment price of the returned item does not exceed 40. 00 EUR, you must pay the total cost of the return shipment too if the shipment price is higher than 40. 00 EUR but you have not paid the contractually agreed instalment or you have not performed the mutual performance. In all other cases you do not incur the cost of the return shipment.
1. The consumers can decide, if the deferred fulfilment must occur through refurbishment or through supply of spare parts. We are authorised to refuse the type of deferred fulfilment, if this is possible only at inadequate costs and if the other way of deferred fulfilment can be executed without relevant inconveniences for the consumer. In case of companies and in case of goods defect, at first we decide, if we make a refurbishment or if we supply spare parts.
2. If th
fulfilment is inadequate, the customer can basically, at his own choice, require a reduction in the payment (discount), can cancel the contract (withdrawal) or claim for damages. In case of trivial defects, and for special versions according to the model/sample of the purchaser, the customer has no withdrawal right. If the customer decides for the compensation, the responsibility restrictions according to § 7 of the GTC apply.
3. The e
trepreneurs must immediately check the quality of the goods or eventual faults, and inform us about defects in written within 1 week from the goods receipt. Otherwise the validity of the guarantee right is not valid. The hidden defects must be communicated in writing within one week from the detection. To confirm the terms, a relevant and prompt communication is enough. The entrepreneur undertakes the burden of the proof for all the necessary conditions for the claim, in particular for the defect itself, for the time of the detection of the defect, and for the appropriateness of the dispute.
4. Forthe consumers, the length of the guarantee is two years from the delivery of the goods. For the entrepreneurs, the length of the guarantee is one year from the delivery of the goods. In case of used objects, the guarantee for the consumers is one year from the delivery of the goods. The length of the guarantee of one year is not valid, if we are guilty of serious negligence, in case of responsibility for physical damages or to the health and in case of death of the customer. Our responsibility remains intact according to the law of the responsibility for the defective products. The guarantee for used objects is excluded for the entrepreneurs. This doesn’t apply, if we are guilty of serious negligence and in case of responsibility for physical damages or for the health and in case of death of the customer. Our responsibility remains intact according to the law of the responsibility of the defective products.
5. We do not give guarantees under the law to our customers. The guarantees of the producers remain intact.
9 Liability restrictions
1. In case of less important violations of the duty and of our assistants for the execution, our guarantee is limited to the ordinary foreseeable damage, typical of the contract and immediate. In case of les important violations of the duty and in case of duties insignificant for the contract, whose violation doesn’t influence the execution of the contract itself, we and our execution assistants do not accept any liability. The indicated liability restrictions don’t concern the claims of the customer for liability on the product or for the guarantee. Moreover the liability restrictions don’t apply in case we are guilty of physical damages or of damages to the health and in case of death of the customer.
2. We are responsible only for the contents of our web pages of our online-shop. In case we allow visiting other web pages with links, we have no liability on their contents. We do not appropriate of those contents. If we note the presence of illegal contents in external web pages, we will immediately stop the access to those pages.
10 Enforceable law – place of jurisdiction – reserve clause
1. The right of the Federal Republic of Germany applies. The validity of the purchase right N. U is excluded.
2. If the customer is a trader or a body corporate of the public right or a public legal property the sole place of jurisdiction for eventual disputes deriving from this contract is the legal seat of Kutlu Deutschland GmbH. The same thing applies, if the customer doesn’t have any general place of jurisdiction in Germany or if the places of residence, or the usual residence at the time of the proposition of the action, are unknown.
3. If some single disposition of this contract with the customer, including these general conditions of contract, is or could become totally or partially ineffective, the effectiveness of the remaining dispositions will not be touched.