General Business Terms
General Business Terms
Conditions of Sale and Cancellation for the Firm KETS Ltd.
Conditions of Cancellation
(1) The purchaser has the right of cancellation, as laid down in German law under paragraphs 312 and 355 of the Civil Code, if he signs the contract as a consumer. A trader is not covered by this right.
(2) The purchaser can cancel the contract within one month of purchase, without giving reasons, in writing (e.g. by letter, fax or e-mail) or by returning the goods purchased. The period of notice begins when this notification has been received. The cancellation is valid regardless of whether the goods or the cancellation are dispatched within the allotted time.
(3) The cancellation must be sent to: KETS GmbH, Hauptstraße 281,
D-51143 Köln, Germany; Fax +49(0)2203-86712; firstname.lastname@example.org
(4) In the event of a valid cancellation all goods which have already been received must be returned and the interest accruing for that time must be paid. If the received goods can only be returned in part, or only in worse condition, appropriate compensation must be made, even when the wear to the goods has occurred through normal use. This does not apply in cases of damage caused by the purchaser examining the product. Moreover the purchaser can avoid the duty of replacement by not using the goods as an owner and by avoiding any action which could limit its value.
(5) The purchaser must bear the transport costs if the goods are delivered as ordered and if the cost of returning the goods is not more than €40.00, or if the purchaser in case of a higher price of the goods has not yet paid the charge or the instalment which was agreed on by contract by the date of cancellation. Otherwise the return is free of charge.
(6) The sales agreement is terminated after the return of the goods. The KETS Ltd. undertakes to reimburse payment within 14 days by bank remittance. Outstanding payments must be settled by the purchaser within 30 days after sending in the cancellation.
(7) In the case of a cancellation the purchaser is obliged to send back the goods he has already received forthwith to KETS Ltd., at the latest within 7 days.
General Business Terms
§ 1 Applicability
(1) For all contracts, the conditions laid out here apply exclusively. Other conditions are not part of the contract, even if we do not react when the customer tries to amend the contract.
(2) The respective conditions of use (§ 4) belong to the contents of the contract.
(3) The language of the contract is English.
§ 2 Suppliers/Contract Partners
(1) The Seller of the product is the firm KETS Ltd., Hauptstraße 281,
D-51143 Köln, AG Köln HRB 57138, represented by Managing Director Eva Maria Tinter.
(2) KETS Ltd. can be contacted at: Tel: +49(0)2203-82074;
Fax +49(0)2203-86712; e-mail; email@example.com
§ 3 Product Description, Category of Use, Price
(1) KETS Ltd. offers its product “roadbag®” /"ladybag®" for sale to purchasers. It is a disposable mobile toilet which enables one to go to relieve oneself when away from home. There is a more detailed account in the product description, which can for example be seen at www.roadbag.de/ www.ladybag.de
(2) The ways and means that the product can be used properly are given in the instructions leaflet delivered with the product. roadbag®/ladybag®should not be used: - At the wheel when driving - In any other comparable situation in which the full attention must be focused on another activity.
Children should use it only under supervision. The maximum volume is 600 ml. According to medical information, this is enough to take more than the usual amount contained in a full bladder. However, for larger amounts, the gelling agent takes longer to work, which can mean that fluid cannot be absorbed continuously.
(3) The total cost of the goods is the price specified at the time of the contract (§ 4). This includes the VAT, which KETS Ltd. must charge. In addition, the given delivery costs and the COD respectively, where appropriate, will be charged. All the prices quoted for both payment and transport are valid only up to the time of the order. When the website of KETS Ltd. is updated (currently: www.roadbag.de), all previous prices and other previous information about the products becomes invalid. The valid information is that given at the time of the order.
§ 4 Conclusion of the contract and contractual obligations
(1) After the purchaser has been able to check the correctness of his data in the confirmation window, he fills in the appropriate form and clicks the “Order”-button to place his order. At this point, the purchaser is committed to his order.
(2) When KETS Ltd. receives the confirmation, the sales agreement is valid.
(3) The purchaser is obliged to pay in advance, i.e. he must pay the total price of the order as well as the transport costs to KETS Ltd.
§ 5 Method of Payment
(1) The sales price is due at the time the contract is confirmed and must be paid within a week of the conclusion of the agreement at the latest. Charges arising through incorrect account information or rejected payments, which are not the fault of KETS Ltd., will be charged to the customer.
(2) The purchaser pays the total price, inclusive of the delivery costs, by bank transfer to the account (Volksbank Köln-Nord) of KETS Ltd., Cologne, IBAN: DE92370694293106873002 BIC: GENODED1KNL. The Order Number must appear on the bank transfer.
(3) The payment is concluded when the remittance arrives in the account of KETS Ltd.
§ 6 Delivery
(1) KETS Ltd. delivers the ordered goods to the delivery address given by the purchaser. The purchaser is responsible for giving the correct delivery address and is responsible for any difficulties caused by giving incorrect details.
(2) KETS Ltd. is not bound to deliver if a product should not be deliverable because of an Act of God or a cessation of production, or if circumstances arise under which KETS Ltd. cannot reasonably be expected to deliver. In such cases, the purchaser will be informed immediately by KETS Ltd. The purchaser’s remittance will be refunded immediately.
§ 7 Rights of Property
Until all the obligations of the contract are fulfilled by the purchaser, the goods remain the property of KETS Ltd.
§ 8 Cancellation
(1) The purchaser has no contractual right to withdraw from a contract.
(2) However, he has the cancellation rights under German Law §§ 312 d and 355 as long as he has signed the contract as the user. A dealer does not have these rights.
§ 9 Faulty Goods
(1) The legal rights apply for faulty goods.
(2) If the purchaser is a dealer, the risk for the handover of the goods is transferred to the transport company.
(3) The information and the pictures on the Internet page of KETS Ltd. are no guarantee; they are only there for information.
(4) Obvious damage or wrong deliveries must be reported to KETS Ltd. within 14 days of receipt of the goods. KETS Ltd. is obliged to eliminate faults or to send replacements, which are due to a purchaser who is not consumer within the provisions of § 13 of German Basic Law. If neither is possible, the purchaser has the right to demand a reduction of the sales price or to withdraw from the contract.
§ 10 Obligations and Duties of the Purchaser
The purchaser is always responsible for the correct provision of data, which is entered for the processing of the order and/or the use of service. Changes to this data are only possible by the purchaser himself, insofar as this is possible, either online or by notifying KETS Ltd. in writing.
§ 11 Data Protection
The purchaser knows that necessary data for the processing of the order will be stored in a retrieval system and will be treated with confidence under the provisions of the German Data Protection Law and the Telephone Services Protection Law. He gives permission for this. The purchaser gives permission for his data to be handed over to a third party for the purpose of a creditworthiness check. The purchaser may demand the deletion of his data at any time. KETS Ltd. undertakes to delete this information immediately in these cases as longs as all the order processes have been fully completed and no other instructions from any other source stand in the way.
§ 12 Copyright
The product “roadbag®” "ladybag®", as well as all other related works, physical or non-physical, is protected by copyright. All rights appertaining to copyright belong exclusively to KETS Ltd. The copyright includes photographic representations of “roadbag®” "ladybag®" in particular, as well as logos and other representations.
§ 13 Disclaimer
KETS Ltd. website has links to other sites on the Internet. KETS Ltd. has no influence on the formulation or content of the linked sites and in particular distances itself from all the contents of third-party sites to which links are provided, whose contents are their own. This declaration refers to all shown links and for all the contents of the sites these links invoke.
§ 14 Obligations
(1) KETS Ltd. accepts no responsibility for data entered by the purchaser. KETS Ltd. accepts no responsibility for the faulty conveyance of e-mail address given by the purchaser on grounds of circumstances which KETS Ltd. cannot affect.
(2) KETS Ltd. provides the facility for the normal use of the product. It is the responsibility of the purchaser to check whether the product is sufficient to meet his needs.
(3) KETS Ltd. is specifically rejects responsibility for abuse or inappropriate use of the “roadbag®” "ladybag®" as well as in cases of the non-observance of the instructions for use or the failure to observe the purposes for which it is stated that the product should not be used.
(4) Regardless of their legal grounds – in particular, due to delay or impossibility of performance, due to violation of secondary or pre-contractual obligations, positive violation of contract, violation of third-party commercial rights of copyright and/or due to specific offences – any damage claims hereunder shall be precluded, unless said damages are the consequence of wilful or grossly negligent conduct on the part of KETS Ltd., or unless the claims for damages are the result of violation of a warrant of characteristics.
(5) Insofar as cause is determined to obtain for liability on the part of KETS Ltd., the damage claim shall be limited to those damages that were foreseeable at the time of the conduct in question. In any event, compensation for any consequential damages, such as foregone profits, is hereby precluded. This limitation of damages shall not apply, however, if the event that gave rise to the damages in question was brought about as the result of negligent or wilful conduct on the part of KETS Ltd.
(6) All compensation claims against KETS Ltd. become invalid after six months after the passing of risk. This does not apply to cases of unauthorised dealing.
(7) These conditions are not applicable to cases claimed under the Responsibility for Products Law.
§ 15 Other Conditions
(1) The purchaser can only pass on the rights and obligations of this contract to a third party with the written consent of KETS Ltd..
(2) The legal relationship of the contract partners is governed by German law, to the exclusion of UN Sales Law..
§ 16 Safeguarding Clause, Jurisdiction
(1) In the event of any conditions in this contract becoming partially or wholly unworkable, or if the contract contains a loophole, the remaining conditions or parts are unaffected.
(2) If the private consumer has no place of residence within the European Union, any disputes arising hereunder shall be resolved before a court of law in Cologne, Germany. In matters involving consumers residing within the European Union, the laws of the consumer’s place of residence may be applicable insofar as the issues involved are compellingly a matter of consumer law. If the purchaser is a businessperson, trader, a legal person governed by public law or a special fund governed by public law, then any disputes arising, directly or indirectly, out of the contractual relationship between the Parties, shall be resolved exclusively before a court of law in Cologne, Germany.
The valid business conditions were formulated in German by the solicitors WDGK, http://www.wdgk.com
Should you have questions about the individual conditions of these conditions of business, you can send them directly to the solicitors’ chambers at firstname.lastname@example.org They will be answered as soon as possible.