Terms and Conditions

General Terms and Conditions (T&Cs)

I. Scope

The following General Terms & Conditions (T&Cs) solely regulate the contractual relationship between the seller Kümmel und Co. GmbH, Lochweg 19, 97318 Kitzingen, Germany (represented by the director Jörg Kümmel) and the buyer. Contractual relationship here means each conclusion of a contract via the seller's online shop on the basis of which the seller is obligated to provide goods and services to the buyer. In placing their order the buyer expressly confirms that they have taken note of and accepted these T&Cs.

Buyers may be both consumers as well as companies. A consumer is any natural person who, when entering into a legal transaction, acts primarily in a fashion not in exercise of its trade, business or profession (section 13 German Civil Code (BGB)). A company is any natural or legal person or a partnership with legal personality who or which, when concluding a legal transaction acts in exercise of its trade, business or profession (section 14 BGB).

Terms & Conditions of the buyer which contradict or deviate from these T&Cs are not recognised, unless, the seller has expressly agreed their applicability on an individual basis.

II. T&Cs between the Seller and a Consumer

1. Object of the Contract

The object of the contract is the sale of goods by the seller to the buyer via the website https://uponor.mainstick.de/, in particular the sale of workwear.

2. Conclusion of the Contract, Contractual Language, Text of the Contract

The buyer may purchase goods via the seller’s online shop by first registering and creating a customer account. Subsequently the buyer may provide their personal details to order goods via the seller’s online shop by first adding goods to their virtual basket and finally going through and concluding the automated order process in the seller’s online shop.

After the buyer has concluded the order the seller will send an automated email confirming receipt of the order to the buyer’s email address in which the buyer’s order is repeated. The email confirming receipt of the order does not represent acceptance of the buyer’s offer to conclude a purchase agreement; a purchase agreement therefore does not come into existence as a result of the confirmation email. In addition, the email confirming receipt of the order does not represent any confirmation as to the availability of the ordered goods.

The purchase agreement is first concluded when the dispatch confirmation is sent by the seller by email to the buyer.

The German language is the language used to conclude the contract. The text of the contract is not saved by the seller and may no longer be available after the conclusion of the ordering process. The buyer may, however, directly save or print the order details using browser functions and after the order has been placed will receive an email in which the their order is repeated.

3. Technical Steps Leading to the Conclusion of the Contract, Recognising and Correcting Input Errors

The buyer will go through the following technical steps to place an order:

    • Basket: The buyer can place products selected into the virtual shopping cart. The products selected can be changed at any point until the order is submitted; the quantity of a product can be changed, clicking the "X" deletes the selection or the order process can be cancelled. Clicking on the “Proceed to checkout” button takes the buyer to the next step in the order process.
    • Invoice address/delivery address: The system automatically uses the address supplied by the buyer during registration as the invoice address. The buyer may also give a different address by clicking on “Addresses” in their account. The delivery address is preset to the invoice address unless otherwise specified. The buyer may alternatively enter a different delivery address during registration or add a new address in their account via “Create new address” and assign this as the standard delivery address. Clicking on the shopping cart takes the buyer back to the overview of the goods selected, then the ordering process is continued by clicking the “Proceed to checkout” button.
    • Shipping method/payment method: In this step the buyer can select their required shipping and payment methods. Clicking on the “Continue” button takes the buyer to the final step in the order process.

Summary/final step of the ordering process: In the final step of the ordering process the buyer can check the details of the order and make changes if necessary. If required the buyer can change the delivery address using the “or use another address” and also change the shipping method and/or payment method. To conclude the ordering process the buyer ticks the box next to “I have read the General Terms and Conditions of your shop and I agree to their applicability” and clicks on the “Place a binding order” button; in doing so the buyer declares that they agree with the T&Cs and submit a legally binding offer. The buyer can use the normal mouse and keyboard functions and the “X” provided on the order summary page to amend their order details and change the quantity of goods required for each product. The buyer can likewise correct their order details by clicking on the “Back” button of their Internet browser to navigate back through the individual steps of the ordering process.

4. Implementing the Contract, Shipping Costs, Delivery

All prices are gross prices in euros plus any applicable shipping and packaging costs.

The applicable shipping costs which are borne by the buyer from the seller’s location can be viewed by the buyer in the online shop using the link to the seller’s shipping cost information as well as in the price breakdown in the virtual basket.

The seller undertakes to send the goods to the buyer by post without delay after the conclusion of the purchase agreement and payment of the purchase price in full; the latter only applies when a payment type has been selected where payment is required before the goods are received.

Delivery is always at the risk and expense of the buyer, provided the buyer is not a consumer. If requested by the buyer, the seller is entitled, but not obligated to insure the goods at the buyer’s expense.

Delivery within Germany will take up to two weeks from dispatch. Differing delivery times (e.g. for deliveries outside of Germany) are stated by the seller in the online shop at https://uponor.mainstick.de/payment/dispatch.

If an item ordered is not in stock because the seller has not received a delivery from their supplier for which the seller is not at fault, despite a contractual obligation for the item to be delivered, the seller may withdraw from the contract. In this case the seller must inform the buyer without delay that the item ordered is no longer available and reimburse any consideration already provided without delay.

5. Right of Withdrawal, Legal Consequences of Exercising the Right of Withdrawal

Consumers have a right of withdrawal in accordance with the statutory provisions. More information about the right of withdrawal can be found in the seller’s cancellation policy.

6. Liability

The seller shall be liable without restriction in the event of losses caused by intentional acts, omissions or gross negligence, fraudulently concealed defects, in the event of provision of a warranty of quality, for claims pursuant to the German Product Liability Act (Produkthaftungsgesetz) and for injuries to life, body or health.

The seller shall not be liable for other losses, provided these did not result from the simple negligence of the seller, the seller’s statutory representatives or vicarious agents. In the event of losses arising from the infringement of fundamental contractual obligations, the performance of which actually enables the proper implementation of the contract and the observance of which the buyer is entitled to expect (cardinal obligations) the seller’s liability shall, however, be limited to foreseeable losses typical for this type of contract provided such losses were caused by simple negligence.

The statutory provisions which impose liability without fault on the seller for certain acts or omissions are not affected by the aforementioned liability exclusions and restrictions.

7. Warranty

The seller shall be liable for defective goods in accordance with the statutory provisions for the sale of goods (sections 434 ff BGB).

After delivery the buyer shall inspect the goods ordered without delay provided this is a mutual commercial transaction in terms of the German Commercial Code (HGB). This shall, in particular, apply with regard to the completeness and functionality of the goods. The seller must be informed without delay of any defects determined during the inspection or which are discernible without further action. A detailed description of the defects must accompany the defect notification. If the buyer does not report any defects the goods are deemed to be accepted unless the defects were not discernible during the inspection.

In the event of defects which are not discernible as part of the normal inspection pursuant to the previous paragraph of this section, the seller must be informed without delay after the defects are detected, provided this is a mutual commercial transaction; otherwise the goods are deemed to be accepted even considering such defects.

8. Payment Terms, Default and Retention of Title

The purchase price becomes payable directly after the conclusion of the purchase agreement. The customer may choose to pay by direct debit, Giropay, payment in advance/immediate bank transfer, paydirekt or credit card.

The buyer enters into default, provided they are not a consumer, if payment has not been made within 30 days of becoming due. Consumers likewise enter into default within 30 days of payment becoming due if this consequence is stated in the invoice or request for payment. If the buyer defaults on payment, the purchase price is subject to interest at 5 percentage points above the base rate for the period the buyer is in default. The seller reserves the right to prove greater losses due to the default and claim these from the buyer.

The Seller shall retain title to the goods delivered until payment has been received in full.

In commercial business transactions title to the sold goods first passes from the seller to the buyer when all claims arising from the business relationship with the seller have been settled by the buyer (extended retention of title).

If the seller’s retention of title lapses regarding goods acquired in commercial business transactions as a result of the buyer selling, combining or processing the purchased goods then the new item or claim which has arisen as a result of one of the acts listed takes the place of the purchased goods (prolonged retention of title).

9. Data Protection

The buyer is hereby notified that their personal data required to process the order will be saved on data carriers by the seller and processed. Data is only transferred to the payment provider PAYONE for the purpose of processing the order as specified above. Data is not transferred to third parties for other purposes (e.g. advertising purposes).

The buyer can find further information about their rights regarding data protection in the seller’s Privacy Policy.

10. Final Provisions

German law shall be exclusively applicable to these T&Cs and contracts concluded based on these T&Cs, excluding the UN Convention on the Contracts for the International Sale of Goods (CISG). This choice of law shall only apply as long as protection is not granted by the mandatory rules of the law of the country in which the consumer has its habitual residence.

If the buyer is a registered trader, a legal person under public law, or a public law special fund, it is hereby agreed that the competent courts of Würzburg, Germany shall have jurisdiction over all disputes arising from and in connection with this contract.

If one or more provisions of these T&Cs are invalid, in whole or in part, this shall not affect the validity of the remaining provisions.

11. Information regarding the EU Commission’s Online Dispute Resolution Portal, Alternative Dispute Resolution

The EU Commission provides an Online Dispute Resolution platform (“ODR platform”) which can be found at http://ec.europa.eu/consumers/odr/. Provided the buyer is a consumer residing in the European Union they are able to use this platform to resolve disputes regarding contractual obligations resulting from online purchase agreements out-of-court.

The seller is not obligated to take part in dispute resolution procedures before a consumer conciliation body and in principle is not prepared to do so.

III. T&Cs between the Seller and a Company

1. Object of the Contract

The object of the contract is the sale of goods by the seller to the buyer via the website https://uponor.mainstick.de/.

Specific requests and specifications of the buyer regarding manufacturing the goods to customer specifications must be submitted in writing.

2. Conclusion of the Contract, Contractual Language, Text of the Contract

The buyer may purchase goods via the seller’s online shop by first registering and creating a customer account. Subsequently the buyer may provide their personal details to order goods via the seller’s online shop by first adding goods to their virtual basket and finally going through and concluding the automated order process in the seller’s online shop.

After the buyer has concluded the order the seller will send an automated email confirming receipt of the order to the buyer’s email address in which the buyer’s order is repeated. The email confirming receipt of the order does not represent acceptance of the buyer’s offer to conclude a purchase agreement; a purchase agreement therefore does not come into existence as a result of the confirmation email. In addition the email confirming receipt of the order does not represent any confirmation as to the availability of the ordered goods.

The purchase agreement is first concluded when the dispatch confirmation is sent by the seller by email to the buyer.

The German language is the language used to conclude the contract. The text of the contract is not saved by the seller and may no longer be available after the conclusion of the ordering process. The buyer may, however, directly save or print the order details using browser functions and after the order has been placed will receive an email in which the their order is repeated.

3. Technical Steps Leading to the Conclusion of the Contract, Recognising and Correcting Input Errors

The buyer will go through the following technical steps to place an order:

    • Basket: The buyer can place products selected into the virtual shopping cart. The products selected can be changed at any point until the order is submitted; the quantity of a product can be changed, clicking the "X" deletes the selection or the order process can be cancelled. Clicking on the “Proceed to checkout” button takes the buyer to the next step in the order process.
    • Invoice address/delivery address: The system automatically uses the address supplied by the buyer during registration as the invoice address. The buyer may also give a different address by clicking on “Addresses” in their account. The delivery address is preset to the invoice address unless otherwise specified. The buyer may alternatively enter a different delivery address during registration or add a new address in their account via “Create  new address” and assign this as the standard delivery address. Clicking on the shopping cart takes the buyer back to the overview of the goods selected, then the ordering process is continued by clicking the “Proceed to checkout” button.
    • Shipping method/payment method: In this step the buyer can select their required shipping and payment methods. Clicking on the “Continue” button takes the buyer to the final step in the order process.

Summary/final step of the ordering process: In the final step of the ordering process the buyer can check the details of the order and make changes if necessary. If required the buyer can change the delivery address using the “or use another address” and also change the shipping method and/or payment method. To conclude the ordering process the buyer ticks the box next to “I have read the General Terms and Conditions of your shop and I agree to their applicability” and clicks on the “Place a binding order” button; in doing so the buyer declares that they agree with the T&Cs and submit a legally binding offer. The buyer can use the normal mouse and keyboard functions and the “X” provided on the order summary page to amend their order details and change the quantity of goods required for each product. The buyer can likewise correct their order details by clicking on the “Back” button of their Internet browser to navigate back through the individual steps of the ordering process.

4. Implementing the Contract, Shipping Costs, Delivery

Offers are non-binding. All prices are net prices in euros subject to any applicable VAT which will be listed separately in the invoice and any applicable shipping and packaging costs. The applicable shipping costs which are borne by the buyer from the seller’s location can be viewed by the buyer in the online shop using the link to the seller’s shipping cost information as well as in the price breakdown in the virtual basket. The prices stated for the goods do not include additional services of the seller (e.g. preparation, mounting, assembly or finishing) or any additional costs (e.g. packaging, boxes, transport costs, postage, customs charges, freight, taxes and insurance costs).

The seller undertakes to send the goods to the buyer by post without delay after the conclusion of the purchase agreement and payment of the purchase price in full; the latter only applies when a payment type has been selected where payment is required before the goods are received.

Delivery is always at the risk and expense of the buyer. If requested by the buyer the seller is entitled, but not obligated to insure the goods at the buyer’s expense.

Delivery within Germany will take up to two weeks from dispatch, except for goods made by Nike. These can take up to six weeks. Differing delivery times (e.g. for deliveries outside of Germany) are stated by the seller in the online shop at https://uponor.mainstick.de/payment/dispatch.

If an item ordered is not in stock because the seller has not received a delivery from their supplier for which the seller is not at fault, despite a contractual obligation for the item to be delivered, the seller may withdraw from the contract. In this case the seller must inform the buyer without delay that the item ordered is no longer available and reimburse any consideration already provided without delay.

If the seller or their supplier is unable to meet agreed delivery dates due to a temporary event which prevents performance for which they are not responsible, such as force majeure, industrial disputes, natural catastrophes, shortages of energy and raw materials or insurmountable transport disruptions, for example, the delivery date will be extended for the duration of the temporary event which prevents performance and the seller shall contact the buyer in such an event without delay.

5. Liability

The seller shall be liable without restriction in the event of losses caused by intentional acts, omissions or gross negligence, fraudulently concealed defects, in the event of provision of a warranty of quality, for claims pursuant to the German Product Liability Act (Produkthaftungsgesetz) and for injuries to life, body or health.

The seller shall not be liable for other losses, provided these did not result from the simple negligence of the seller, the seller’s statutory representatives or vicarious agents. In the event of losses arising from the infringement of fundamental contractual obligations, the performance of which actually enables the proper implementation of the contract and the observance of which the buyer is entitled to expect (cardinal obligations) the seller’s liability shall, however, be limited to foreseeable losses typical for this type of contract provided such losses were caused by simple negligence.

The statutory provisions which impose liability without fault on the seller for certain acts or omissions are not affected by the aforementioned liability exclusions and restrictions.

6. Warranty

The seller shall be liable for defective goods in accordance with the statutory provisions for the sale of goods (sections 434 ff BGB).

Claims resulting from section 437 BGB lapse one year from delivery of the goods ordered to the buyer. The shortened warranty period does not apply to claims of the buyer for which the seller is liable without restriction pursuant to no. 5. In all other cases the statutory warranty period applies from delivery of the goods ordered to the buyer.

The seller has the right to choose whether to rectify a defect or provide a replacement item free of defects pursuant to section 439 (1) BGB.

After delivery the buyer shall inspect the goods ordered without delay provided this is a mutual commercial transaction in terms of the German Commercial Code (HGB). This shall, in particular, apply with regard to the completeness and functionality of the goods. The seller must be informed without delay of any defects determined during the inspection or which are discernible without further action. A detailed description of the defects must accompany the defect notification. If the buyer does not report any defects the goods are deemed to be accepted unless the defects were not discernible during the inspection.

In the event of defects which are not discernible as part of the normal inspection pursuant to the previous paragraph of this section, the seller must be informed without delay after the defects are detected, provided this is a mutual commercial transaction; otherwise the goods are deemed to be accepted even considering such defects.

7. Payment Terms, Default and Retention of Title

The purchase price becomes payable directly after the conclusion of the purchase agreement. The customer may choose to pay by direct debit, Giropay, payment in advance/immediate bank transfer, paydirekt, payment on account or credit card.

The buyer becomes in default if payment has not been made within 30 days of becoming due. If the buyer defaults on payment, the purchase price is subject to interest at 9 percentage points above the base rate for the period the buyer is in default. The seller reserves the right to prove greater losses due to the default and claim these from the buyer.

The Seller shall retain title to the goods delivered until payment has been received in full.

Title to the sold goods first passes from the seller to the buyer when all claims arising from the business relationship with the seller have been settled by the buyer (extended retention of title). The buyer undertakes to treat the goods with care and to insure high-value goods for the benefit of the seller against the usual risks (e.g. water damage, fire damage, storms, theft etc.).

Until title to the goods has passed to the buyer in full, the buyer undertakes to inform the seller if the goods are pledged or otherwise seized by third parties.

The buyer is entitled to sell on the goods subject to retention of title in the course of normal business unless the buyer is in default. The buyer shall assign all claims vis-a-vis a consumer or third party arising from the further sale of the goods, from accepting a current account relationship and all others resulting from the business relationship to the seller by way of security. After the assignment the buyer is authorised to collect the claims assigned to the seller. The seller, however, reserves the right to revoke authorisation to collect the claims and to collect the claims themselves, if the buyer does not comply with their payment obligations, is in default and in particular, if an application has been made to commence insolvency proceedings.

If the seller’s retention of title lapses regarding goods acquired in commercial business transactions as a result of the buyer selling, combining or processing the purchased goods then the new item or claim which has arisen as a result of one of the acts listed takes the place of the purchased goods (prolonged extension of title).

8. Data Protection

The buyer is hereby notified that their personal data required to process the order will be saved on data carriers by the seller and processed. Data is only transferred to the payment provider PayPal for the purpose of processing the order as specified above. Data is not transferred to third parties for other purposes (e.g. advertising purposes).

The buyer can find further information about their rights regarding data protection in the seller’s Privacy Policy.

9. Final Provisions

German law shall be exclusively applicable to these T&Cs and contracts concluded based on these T&Cs, excluding the UN Convention on the Contracts for the International Sale of Goods (CISG).

Jurisdiction over all claims arising from or in connection with these T&Cs and the entire legal relationship of the contracting parties shall be vested in the courts of Würzburg. However the seller remains free to submit claims against the buyer in any other jurisdiction permitted by law.

Contracts/agreements entered into on the basis of these T&Cs must be made in writing and be signed; there are no ancillary oral agreements. Changes and additions, including changes to this written form clause must be made in a written agreement and be signed.

If one or more provisions of these T&Cs are invalid, in whole or in part, this shall not affect the validity of the remaining provisions.

As at April 2018

 

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Consumers are shown prices including VAT (gross), and Uponor are shown prices excluding VAT (net).

Privatkunden werden Preise mit MwSt. (brutto) und Uponor Preise ohne MwSt. (netto) angezeigt.