Terms of service

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of GEBR. KÜHN GmbH & Co. KG, Schwäbisch


§ 1 Scope of application

1.1 All deliveries and services are provided

exclusively on the basis of the following General Terms and Conditions

(hereinafter referred to as "GTC") in the version valid at the time

of the order. These apply to all contracts concluded between the customer and

us for the delivery of goods. Customers within the meaning of these GTC may be

both consumers and entrepreneurs. Consumers in the sense of the GTC are natural

persons who conclude contracts for a purpose that can be attributed neither to

their commercial nor to their professional activity. Entrepreneurs in the sense

of the GTC are natural or legal persons or partnerships with legal capacity who

act in the exercise of their commercial or independent professional activity

when concluding a contract with the seller.

1.2 They shall also apply to all future business

relations, even if they are not expressly agreed again. We hereby object to any

deviating terms and conditions of the customer which we do not expressly accept

in writing. They are also non-binding for us for future contracts for the

delivery of goods and services, even if we do not expressly object to them


1.3 All agreements made between the customer and

us for the execution of the contracts are set out in writing in these terms and

conditions and the order confirmation from us.

§ 2 Offer and conclusion of contract

2.1 All offers are subject to change and

non-binding. Changes and errors are reserved.

2.2 Dimensions, weights, illustrations, drawings

and other documents which form part of our non-binding offers are only

approximate unless they have been expressly designated as binding.

2.3 Declarations of acceptance, order

confirmations and all declarations must be confirmed in writing to be valid.

2.4 If the customer's order is to be qualified

as an offer in accordance with § 145 BGB (German Civil Code), we can accept

this offer within 2 weeks of receipt by us by means of a written order

confirmation or by sending the goods.

2.5 We are entitled to withdraw from the

contract if we do not receive the delivery item despite the prior conclusion of

a corresponding purchase contract on our part. We shall inform the customer

without delay of the non-timely availability of the delivery item and, if we

wish to withdraw, exercise the right of withdrawal without delay.

2.6 We reserve the property rights and

copyrights to all documents provided to the customer in connection with the

placing of the order, such as drawings, calculations and the like. These

documents may not be made accessible to third parties unless we give the

customer our express written consent to do so. If we do not accept the

customer's offer within the aforementioned period, these documents must be

returned to us without delay.

§ 3 Prices and Payment

3.1 Unless otherwise stated, all prices are

final prices including VAT in Euro.

3.2 Unless otherwise agreed in writing, our

prices are ex works without discounts or other deductions

3.3 Payment of the purchase price must be made

exclusively via the payment methods available in the shop. The deduction of

discounts is not permitted.

§ 4 Rights of retention

The customer is only entitled to exercise a

right of retention if his counterclaim is based on the same contractual


§ 5 Delivery time

5.1 The start of the delivery time stated by us

presupposes the timely and proper fulfilment of the customer's obligations. We

reserve the right to plead non-performance of the contract. If subsequent

amendments to the contract are agreed, a new delivery date or delivery period shall

be agreed at the same time if necessary.

5.2 If the customer is in default of acceptance

or culpably violates other obligations to cooperate, we shall be entitled to

demand compensation for the damage incurred by us in this respect, including

any additional expenses. We reserve the right to assert further claims. If the

above conditions are met, the risk of accidental loss or accidental

deterioration of the object of sale shall pass to the customer at the point in

time at which the customer is in default of acceptance or debtor's delay.

5.3 We are entitled to make partial deliveries

and render partial services at any time, insofar as this is reasonable for the


5.4 If we are culpably unable to meet an

expressly agreed deadline or are in default for other reasons, the customer

shall grant us a reasonable period of grace - commencing on the date of receipt

by us of the written notice of default or, in the case of a calendar deadline,

on its expiry. After fruitless expiry of this period of grace, the customer

shall be entitled to withdraw from the contract.

§ 6 Transfer of risk in case of shipment

6.1 The risk shall pass to the customer upon

delivery to the shipping agent, but no later than upon leaving our premises.

This applies regardless of whether the goods are shipped from the place of

performance or who bears the freight costs.

6.2 If the customer so desires, we shall insure

the delivery by means of transport insurance; the costs incurred in this

respect shall be borne by the customer.

§ 7 Retention of title

7.1 We retain title to the delivered item until

full payment of all claims arising from the underlying contract. This shall

also apply to all future deliveries, even if we do not always expressly refer

to this. We shall be entitled to take back the object of sale if the customer

acts in breach of contract.

7.2 As long as ownership has not yet passed to

the customer, the customer is obliged to treat the object of sale with care. In

particular, he is obliged to insure it at his own expense against theft, fire

and water damage at its replacement value. As long as ownership has not yet

been transferred, the customer must inform us immediately in writing if the

delivered item is seized or exposed to other interventions by third parties.

Insofar as the third party is not in a position to reimburse us for the court

and out-of-court costs of an action in accordance with § 771 ZPO, the customer

shall be liable for the loss incurred by us.

7.3 The customer is entitled to resell the reserved

goods in the normal course of business. The customer hereby assigns to us the

claims against the purchaser arising from the resale of the reserved goods in

the amount of the final invoice amount agreed with us (including value added

tax). This assignment shall apply irrespective of whether the purchased goods

have been resold without or after processing. The customer shall remain

entitled to collect the claim even after the assignment. Our authority to

collect the claim ourselves remains unaffected by this. However, we shall not

collect the claim as long as the customer meets his payment obligations from

the proceeds collected, is not in default of payment and, in particular, as

long as no application for the opening of insolvency proceedings has been filed

or payments have not been suspended.

7.4 The processing or transformation of the

object of sale by the customer shall always be carried out in our name and on

our behalf. In this case, the customer's expectant right to the object of sale

shall continue to apply to the transformed object. If the object of sale is

processed with other objects not belonging to us, we shall acquire co-ownership

of the new object in the ratio of the objective value of our object of sale to

the other processed objects at the time of processing. The same shall apply in

the event of mixing. If the mixing is carried out in such a way that the

customer's item is to be regarded as the main item, it shall be deemed agreed

that the customer shall transfer co-ownership to us on a pro rata basis and

shall hold the sole ownership or co-ownership thus created in safe custody for

us. In order to secure our claims against the customer, the customer shall also

assign to us such claims as accrue to him against a third party as a result of

the combination of the reserved goods; we hereby accept this assignment.

7.5 We undertake to release the securities to

which we are entitled at the request of the customer insofar as their value

exceeds the claims to be secured by more than 20%.

7.6 We are entitled to take back our goods

subject to retention of title after issuing a reminder and if the customer is

in arrears with a substantial part of his payment obligations. Just like a

seizure by us, this shall not be deemed a withdrawal from the contract. The

customer is obliged to surrender the goods. A right of retention is excluded.

7.7 Amounts collected by the customer from

assigned claims shall be kept separately until they are transferred to us in

order to exclude offsetting and/or netting with bank accounts with debit


§ 8 Warranty and notice of defects

8.1 Warranty rights of the customer presuppose

that the customer has duly fulfilled his obligations to inspect and give notice

of defects owed under § 377 HGB/§§ 437 BGB.

8.2 For orders from consumers, the warranty is

provided in accordance with the statutory provisions.

8.3 Claims for defects shall become

statute-barred 12 months after delivery of the goods supplied by us to our

customer. The statutory limitation period shall apply to claims for damages in

the event of intent and gross negligence and in the event of injury to life,

limb and health which are based on an intentional or negligent breach of duty

on the part of the user.

If the law prescribes longer periods, these

periods shall apply.

Our consent must be obtained before any goods

are returned.

8.4 If, despite all due care and attention, the

delivered goods show a defect which was already present at the time of the

transfer of risk, we shall, at our discretion, either repair the goods or

supply replacement goods, subject to timely notification of defects. We shall

always be given the opportunity to remedy the defect within a reasonable period

of time. Claims under a right of recourse shall remain unaffected by the above provision

without restriction.

8.5 If the subsequent performance fails, the

customer may withdraw from the contract or reduce the remuneration, without

prejudice to any claims for damages.

8.6 Claims for defects shall not exist in the

case of only insignificant deviations from the agreed quality, in the case of

only insignificant impairment of usability, in the case of natural wear and

tear, or in the case of damage arising after the transfer of risk as a result

of incorrect or negligent handling, excessive strain, unsuitable operating

materials, defective construction work, unsuitable building ground or due to

special external influences which are not assumed under the contract. If the

customer or third parties carry out improper repair work or modifications,

there shall also be no claims for defects for these and the resulting


8.7 The customer shall have no claim with

respect to expenses incurred in the course of supplementary performance,

including costs of travel, transport, labor, and material, to the extent that

expenses are increased because the goods delivered by us were subsequently

brought to another location than the customer's branch office, unless such

relocation is in accordance with the intended use of the goods.

8.8 The customer's right of recourse against us

shall exist only to the extent that the customer has not entered into any

agreements with its customers exceeding the statutory provisions governing

claims based on defects. Furthermore, paragraph 6 shall apply accordingly to

the scope of the customer's right of recourse against the supplier.

§ 9 Right of revocation and revocation instructions for


9.1 As a consumer, you have the right to revoke

this contract within 14 days without stating any reasons. The revocation period

is 14 days from the day on which the consumer or a third party named by the

consumer, who is not the carrier, has or has taken possession of the goods. In

order to exercise the right of withdrawal, the consumer must inform us,

Gebr. Kühn GmbH & Co. KG

Forststraße 14

73529 Schwäbisch Gmünd, Germany

Phone +49(0)7171/41031

Fax +49(0)7171/41020

E-mail: info@sonja-quandt.com

by means of a clear declaration (e.g. a letter

sent by post, fax or e-mail) of the decision to withdraw from this contract.

The consumer may use the following sample text for this purpose, which is,

however, not mandatory:


Gebr. Kühn GmbH & Co. KG

Forststraße 14

73529 Schwäbisch Gmünd, Germany

Fax +49(0)7171/41020

E-Mail: info@sonja-quandt.com

I/we (*) hereby revoke the contract concluded by

me/us (*) for the purchase of the following goods (*)/the provision of the

following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in the case

of communication on paper)


(*) Delete as applicable.

In order to comply with the withdrawal period,

it is sufficient for the consumer to send the notification of the exercise of

the right of withdrawal before the expiry of the withdrawal period.

9.2 If the consumer (hereinafter referred to as

"you") revokes the contract, we shall reimburse all payments we have

received from you, including delivery costs (with the exception of additional

costs resulting from the fact that you have chosen a type of delivery other

than the cheapest standard delivery offered by us), without undue delay and at

the latest within 14 days from the day on which we received the notification of

your revocation of 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.

You must return the goods to us or hand them

over to us without delay and in any case no later than 14 days from the day on

which you notify us of the revocation of this contract. The deadline is met if

you send the goods before the end of the period of 14 days. 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 will only have to pay

for any loss in value of the goods if this loss in value is due to handling of

the goods that is not necessary for testing the condition, properties and

functioning of the goods. You shall bear the costs of the direct return of the


9.3 Unless otherwise agreed by the parties, the

right of withdrawal does not apply to contracts for the supply of goods that

are not prefabricated and for the manufacture of which an individual selection

or determination by the consumer is decisive or which are clearly tailored to

the personal needs of the consumer.

§ 10 Miscellaneous

10.1 The entire legal relationship between the

parties shall be governed by the laws of the Federal Republic of Germany to the

exclusion of the UN Convention on Contracts for the International Sale of Goods

(CISG). In the case of consumers, this choice of law shall not affect the mandatory

provisions of the law of the country in which the customer has his habitual


10.2 Unless otherwise stipulated in an order

confirmation or mandatory statutory provisions, the place of performance and

exclusive place of jurisdiction for all disputes arising from this contract

shall be our registered office. However, we are also entitled to sue the buyer

at his place of residence and/or business.

10.3 If one or more provisions of these GTC are

invalid, the remaining provisions shall remain valid. Insofar as the provisions

are invalid, the content of the contract shall be governed by the statutory