General Terms and Conditions (GTC) of Kraftwerk GmbH & Co. KG
(for online purchases)
Version from 01.01.2023
§ 1 Scope of application; definitions of terms
1. the following General Terms and Conditions (GTC) apply to all services provided by us to merchants, legal entities under public law, special funds under public law (non-consumers) and consumers. Insofar as individual clauses only apply to consumers or non-consumers, this is formulated accordingly.
2 German law shall apply exclusively, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law. However, we reserve the right not to enter into contractual relationships with buyers who are not subject to German law.
3. "Consumer" within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity (§ 13 BGB).
4. "Entrepreneur" is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity (Section 14 (1) BGB).
5. you can retrieve, i.e. download and save these GTC. To do so, click on this link: Download GTC
§ 2 Conclusion of a contract, storage of the text of the contract
1. the following regulations on the conclusion of the contract apply to orders placed via our Internet shop http://www.kraftwerk-shop.cc. Separate regulations apply to services provided at our premises.
2. if the contract is concluded, the contract is concluded with
Kraftwerk GmbH & Co. KG
(personally liable partner: Gleis Verwaltungs GmbH, represented by Steffen Gleis)
Industriestr. 2
D-36088 Hünfeld
materialise.
4 The advertising of services and goods by us does not constitute an offer in the legal sense. With your order, you submit a binding offer to us to conclude a contract with you. You will then receive confirmation of receipt of your order by e-mail to the e-mail address you have provided (order confirmation). This only serves to fulfil a legal obligation and does not constitute a declaration of acceptance. Your offer is accepted by sending you an order confirmation by e-mail or post or by delivering the ordered goods.
5 When an order is received in our online shop, the following regulations apply: The consumer submits a binding contract offer by successfully completing the order procedure provided in our online shop.
The order is placed in the following steps:
1) Selection of the desired goods
2) Confirm by clicking on the "Order" buttons.
3) Checking the information in the shopping cart
4) Pressing the "checkout" button
5) Login to the Internet shop after registering and entering the login details (e-mail address and password). Alternatively, you can also order without registering. To do this, you must enter the billing and delivery address data manually.
6) Re-check or correct the respective data entered.
7) Confirmation that you have read and understood the data protection declaration, the general terms and conditions and the information on the right of withdrawal.
8) Binding dispatch of the order
Before the binding submission of the order, the consumer can return to the Internet page on which the customer's details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the "Back" button contained in the Internet browser used by him after checking his details. We confirm receipt of the order immediately by an automatically generated e-mail (confirmation of receipt). This does not constitute acceptance of the offer. The acceptance of the offer is effected by sending an order confirmation to you by e-mail or post or, at the latest, by delivery of the ordered goods.
6. storage of order data via our internet shop
We store the order data in accordance with what is legally permissible, as formulated in our privacy policy. We will also send you a confirmation of receipt of your order as well as an order confirmation with all information to the e-mail address you have provided. You can also view, download and save the GTC at any time at http://www.kraftwerk-shop.cc/allgemeine-geschaeftsbedingungen.
You can view your past orders in our customer area under My account -> My orders. For the legal basis of the data storage as well as your rights, please see the privacy policy.
§ 3 Prices, shipping costs, payment, due date
1 The prices quoted are in euros. When shipping to customers with an invoice and delivery address in the Federal Republic of Germany, the prices include statutory VAT and other price components such as packaging costs. In addition, there are any shipping costs including VAT, which are calculated automatically and communicated to the customer prior to the conclusion of a contract in the checkout area of the online shop. You will not incur any further costs.
2. for deliveries to another state of the European Union ("intra-Community delivery") no VAT is due if the customer is an entrepreneur and has provided a VAT number. For consumers, the prices include VAT in the current amount of 19%, which is not shown on the invoice. For deliveries to a country outside the European Union ("third country") no VAT is charged. In any case, shipping costs may be incurred, which cannot be calculated in advance due to the special features of international shipping, but must be calculated individually. If you do not agree with the individually calculated shipping costs, the order is not binding - irrespective of any right of cancellation.
3. payment can be made either in advance by bank transfer, by instant bank transfer, by credit card payment or by giropay or paydirekt. If you choose to pay in advance, we will also provide you with the bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days.
4. you shall only be entitled to set-off if your counterclaim has been legally established, is not disputed or recognised by us or is due and arises from the same legal relationship on which your obligation is based.
5. if no payment is made within 10 days in the case of "advance payment", we reserve the right to cancel the order without further notice.
§ 4 Delivery
1. unless otherwise agreed, the goods shall be delivered from our warehouse stock. The delivery time is up to 5 days. We will point out any deviating delivery times on the respective product page.
2. we are only obliged - even in the case of a so-called generic debt - to deliver from our stock of goods ("stock debt"). We do not assume the risk of having to procure goods ordered by you from a supplier or on the open market (procurement risk). The prerequisite for exemption from the delivery obligation is that we are not responsible for the lack of availability of goods and that we have informed you of this circumstance without delay.
2. should we nevertheless undertake to procure the goods requested by you, the delivery times stated by us shall not be binding. The delivery date stated in this respect upon conclusion of the contract is merely an estimate and may be exceeded by 6 weeks without default occurring. If you then send a reminder for performance within a reasonable period of time, we shall be in default after expiry of the deadline. Claims for damages and compensation for other damages caused by delay are excluded in this respect, unless the delayed delivery is due to intent or gross negligence on our part.
3. if the consumer has chosen payment in advance, we will not dispatch the goods before receipt of payment.
§ 5 Retention of title
If, in exceptional cases, the goods are dispatched to you before the consideration has been received, we shall retain title to the goods until the purchase price has been paid in full.
§ 6 Transfer of risk during shipment
1. the dispatch of goods purchased in the online shop is carried out via a suitable external shipping service provider (e.g. parcel service, carrier). The buyer, who is not a consumer within the meaning of § 13 BGB, bears the risk of accidental loss and accidental deterioration (so-called transport risk) as soon as the goods have been handed over to the transport company. Any claims of the buyer against the carrier are not subject to these GTC. Claims against the seller according to the principles of third-party damage liquidation remain unaffected.
2. if the buyer is a consumer within the meaning of § 13 BGB, the transfer of risk shall only occur upon handover to the buyer or the authorised recipient (§ 446 sentence 1 BGB). The shipping risk of accidental loss and accidental deterioration shall be borne by the seller. In the case of a consumer goods purchase, the return shipment of goods is also at the risk of the seller due to a statutory right of withdrawal or cancellation.
§ 7. the buyer's rights in respect of defects; the seller's liability for material defects
1. if the buyer is a consumer, he is entitled to the statutory warranty rights. These shall expire in accordance with the statutory provisions two years after delivery of the object of purchase. However, claims for damages are excluded, except for damages resulting from injury to life, body or health, which are based on a negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user. Furthermore, the aforementioned exclusion of liability does not apply to other damages that are based on a grossly negligent breach of duty by the user or on a wilful or grossly negligent breach of duty by a legal representative or vicarious agent of the user.
2. if the buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, a limitation period of one year from delivery of the object of purchase shall apply in deviation from clause 1 sentence 2 for new items. If the buyer is a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the buyer fails to fulfil the notification obligations stipulated therein, the goods shall be deemed approved. In the case of the purchase of used goods, the warranty rights are excluded.
3. if the seller is liable for damages on the basis of statutory provisions, the shortening of the limitation period and the exclusion of liability mentioned in clause 2 shall not apply with regard to damages resulting from injury to life, body or health which are based on a negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user. Furthermore, the aforementioned exclusion of liability does not apply to other damages that are based on a grossly negligent breach of duty by the user or on a wilful or grossly negligent breach of duty by a legal representative or vicarious agent of the user.
4. insofar as the seller has given a guarantee of quality and/or durability with regard to the goods or parts thereof, he shall also be liable within the scope of this guarantee. However, the seller shall only be liable for damages that are based on the lack of the guaranteed quality or durability but do not occur directly on the goods if the risk of such damage is clearly covered by the guarantee of quality and durability. A reference by the seller to a possible manufacturer's guarantee is not a guarantee of quality and/or durability on the part of the seller.
5. the aforementioned exclusions or limitations of liability shall also not apply to damages caused by a breach of cardinal obligations. Cardinal obligations are essential contractual obligations, i.e. such obligations whose breach would jeopardise the purpose of the contract and on whose fulfilment you as the contractual partner may therefore justifiably rely, such as compliance with the delivery period, the obligation to deliver free of defects, obligations to provide advice, protection and care, which enable you as the contractual partner to use the delivery item in accordance with the contract or which are intended to protect the property, life or limb of you or your personnel from considerable damage. We are not liable for damages caused by simple negligent breach of non-contractual secondary obligations.
6 Notwithstanding the above provisions, the Seller's liability in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act shall remain unaffected. In these cases, the Seller shall be liable in accordance with the statutory provisions.
7 Insofar as the factory warranty or follow-up warranty granted by the vehicle manufacturer or a third party is cancelled for new vehicles due to the installation of accessories, we as the seller shall only assume the aforementioned warranties on our part at separately stated warranty conditions for an additional charge and by separate written agreement.
8. if the defect rights exist, the buyer can assert claims for material defects based on the purchase contract for the parts installed to remedy the defect until the expiry of the limitation period for the object of purchase.
9. if the contract is a consumer contract for digital products, the warranty rights shall be governed by the statutory provisions. There is no obligation on the part of the entrepreneur to make digital products permanently available in accordance with Section 327e (1) sentence 3 BGB beyond the time of making them available. The obligation to provide updates during the relevant period, which are necessary to maintain the conformity of the digital product with the contract, remains unaffected.
10. in the event that a defect becomes apparent within the limitation period in a contract for the sale of consumer goods, the limitation period shall not expire before four months after the time at which the defect first becomes apparent in accordance with Section 475e (3) BGB. In the event of a breach of the obligation to update the digital elements in accordance with Section 475b (3) or (4) BGB, associated claims shall not become time-barred before the expiry of twelve months after the end of the period of the obligation to update (Section 475e (2) BGB). Insofar as the warranty is not excluded, the seller is only liable for defects in the sale of a used item that have become apparent within one year of delivery of the item (Section 476 para. 2 sentence 1 BGB, Section 309 no. 8 b) ff) Var. 2 BGB). A permanent provision for the digital elements is expressly not agreed. Non-consumers are not entitled to updates. The limitation period for consumer rights in the event of defects in a digital product shall expire in accordance with Section 327j BGB.
§ 8 Parts deposit / Parts in exchange
1. if an item is to be delivered in exchange, we will charge a parts deposit in accordance with the item description. This parts deposit will be refunded by us if the corresponding original part is returned to us in perfect technical and optical condition within 7 days of delivery of the item. Any shipping costs shall be borne by the buyer.
2. should the corresponding part not be returned to us on time, defective or in an unacceptable condition, we reserve the right to claim damages.
§ 9 Performance data for products with performance-enhancing measures
The buyer is aware that performance data are empirical values and values based on a new vehicle with low mileage, in standard condition and which correspond to the average value of the manufacturer's standard and the standard status in all essential functions. The seller expressly declares that performance results may vary depending on the condition of the vehicle, modifications and mileage. The evaluation of the vehicle is beyond the seller's control through shipment of the goods to the buyer. An exact performance promise for vehicles not inspected and tested by us cannot therefore be made and is therefore not part of the contract.
§ 10 Programming of control units
Each software is specially developed for the customer and adapted to the respective control unit in the customer's vehicle. If the customer sends a control unit with the order to carry out performance-enhancing programming, the customer is aware that performance data are empirical values and values based on a vehicle as good as new with low mileage, in standard condition and which correspond to the average value of the manufacturer's standard and the standard status in all essential functions. The Contractor expressly declares that performance results may vary depending on the condition of the vehicle, modifications and mileage.
§ 11 Liability
1. the seller shall also be liable without limitation outside of §§ 7-10 for intent and gross negligence as well as in accordance with the Product Liability Act.
2. liability for damages resulting from injury to life, body and health of persons is limited to intent and negligence.
3. furthermore, the seller shall only be liable for slight negligence outside the scope of § 7 in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the buyer may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of the Seller's vicarious agents.
4. in the event of a breach of duty for which the seller is responsible and which does not consist of a defect in the purchased item or the work, the aforementioned exclusions or limitations of liability shall not apply to the right of the buyer or purchaser to withdraw from the contract.
5. insofar as assembly or installation is to be carried out by the seller, the seller shall not be liable if the assembly or installation has been carried out properly. If assembly or installation is to be carried out by the Buyer, the Seller shall only be liable if the assembly or installation has been carried out properly by the Buyer on the basis of faulty instructions provided by the Seller. The same shall apply if the assembly or installation has been carried out properly, but this is neither due to improper assembly by the Seller nor to a defect in the instructions provided by the Seller. The customer is aware that the use of a component that increases the performance can lead to the expiry of the general operating licence and therefore the vehicle may not be used on public roads. The seller accepts no liability for damage that occurs on public roads if components have been installed in the vehicle to increase performance. The seller is also not liable for direct or indirect damage to the engine or the entire vehicle that may occur as a result of these components. The limitation of liability does not apply to wilful intent and gross negligence. Liability in accordance with the Product Liability Act also remains unaffected.
6. the sale of "tuning parts" and the implementation of "performance-enhancing measures" are carried out exclusively for motorsport purposes, unless otherwise labelled for the specific product. The customer acknowledges that the installation and use of "tuning parts" purchased from us and the performance enhancements carried out by us may invalidate the vehicle's operating licence and that participation in public road traffic is not permitted in this case. Registration of the parts in the customer's vehicle documents to restore the operating licence can only be carried out via an individual approval in accordance with § 19 III, IV, § 21 StVZO and is not part of the offer. The buyer is responsible for having all conversions - if necessary - entered in the vehicle documents in order to retain the operating licence. In particular, it is the customer's responsibility to find out whether TÜV approval is possible. The customer places the order in full knowledge of these instructions.
§ 12 Right of withdrawal for consumers
Returns
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier,
a) have taken possession of the goods, if you have ordered one or more goods as part of a single order and these are delivered as a single order;
b) have taken possession of the last goods or have taken possession of the last goods if you have ordered several goods as part of a uniform order and these are delivered separately;
(c) have taken possession of the last partial consignment or piece, or have taken possession of the last partial consignment or piece if you have ordered goods which are delivered in several partial consignments or pieces;
(d) have taken possession of the first goods or has taken possession of the first goods where goods are supplied under an order for the regular supply of goods over a fixed period of time.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail).
The revocation is to be addressed to:
Kraftwerk GmbH & Co. KG
Industriestr. 2
D-36088 Hünfeld
Tel.: 06652-1828678
Fax.: 06652-985249
E-mail: info@kraftwerk-shop.cc
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the deadline expires. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to the fact that you did not take part in the inspection of the condition, properties and functioning of the goods.
Excluded from the right of withdrawal are:
Goods made to customer specifications or clearly tailored to personal needs, software, provided that the delivered data carriers / devices have been unsealed by the consumer and programming devices that have been connected to a vehicle.
The right of withdrawal applies exclusively to consumers. Non-consumers are excluded from this regulation.
§ 13 Alternative Dispute Resolution
Pursuant to Art. 14 of EU Regulation 524/2013, we are obliged to inform customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB) about the possibility of "Online Settlement of Consumer Disputes" (OS platform) provided by the Commission of the EU. We are also obliged to provide you with the following link to the ODR platform: http://ec.europa.eu/consumers/odr . We will endeavour to resolve any disagreements arising from our contract amicably but are neither obliged nor willing to participate in the dispute resolution process.
Our email address is: info@kraftwerk-shop.cc.
§ 14 Contractual language
Only German is available as the contractual language.
§ 15 Place of Performance and Jurisdiction
If the Buyer is a merchant, a legal entity under public law or a special fund under public law, the Seller's place of business shall be the place of performance and jurisdiction for all disputes. In the case of consumers, the place of jurisdiction shall be determined in accordance with the statutory provisions.
§ 16 Severability clause
If one of these provisions is or becomes legally invalid in whole or in part, the remaining provisions shall not be affected thereby. The affected provision shall be interpreted in such a way as would come closest to the intention of the parties in a legally effective manner.
