Conditions
1. Scope, Definitions
For the business relationship between the company Der Kranwicht Elektromotorenhandel (hereinafter: "Company Der Kranwicht") and the customer (hereinafter: "Customer"), the following general terms and conditions apply exclusively in the version valid at the time of the order for orders via this online shop. You can call up these terms and conditions at any time at the web address www.der-kranwich.de, under the heading Company, menu item General Terms and Conditions and print them out using your Internet browser or save them on your computer.
2. Conclusion of contract
Contracts via the electrical motor trade online shop at the internet address
https://www.der-kranwicht.de are concluded as follows :
Without logging in, you can select from the range of goods at https://www.der-kranwicht.de Select products and place them in a so-called shopping cart and collect them using the "Order" button. In the shopping cart you can select the delivery quantity of the desired goods and add or remove goods. With the "Order" button, you submit a binding request to purchase the goods in the shopping cart under the conditions listed there. Before sending the order, you can view, change and delete the data at any time. With the "Reset" button you can empty the shopping cart.
However, the order can only be placed and transmitted if you have previously accepted these contractual terms and conditions by clicking on the "Accept General Terms and Conditions" button and thereby included them in the order. You can read the GTC at any time via your Internet browser, print them out or save them on your local computer. These General Terms and Conditions can also be accessed via the Internet address :
https://www.der-kranwicht.de/Unternehmen/AGB
Immediately after sending the order, we will send you an automatic acknowledgment of receipt by e-mail, in which your order is listed again and which you can print out using the "Print" function. The automatic acknowledgment of receipt documents that your order has been received by Der kranwicht and does not constitute acceptance of the application.
Ein Kaufvertrag kommt erst zustande, wenn die Firma Der kranwicht die bestellte Ware an Sie verschickt, und den Versand mit einer zweiten E-Mail (Versandbestätigung) bestätigt hat.
A purchase contract is only concluded when the company Der kranwicht has sent the ordered goods to you and has confirmed the shipment with a second e-mail (shipping confirmation).
The internet shop is available in German. The text of the contract is saved by the company Der Kranwich, you can no longer view it after the order, but the shipping confirmation contains all the details of the contract.
3. Payment arrangements
Terms of payment: The prices given in (euros) include the statutory sales tax.
The price includes all other price components apart from the additionally specified shipping costs.
This only applies if no other terms of payment were agreed on the order confirmation. We reserve the right to agree prepayment, e.g.
The corresponding shipping costs and information about taxes and costs that are not borne by the Kranwicht company will be communicated to you during the ordering process.
If you are in arrears with payment, default interest of 5% above the base interest rate of the European Central Bank must be paid. Payment is deemed to be in arrears if no payment has been made 30 days after the invoice has been issued.
You can only offset with an undisputed or legally established claim. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
4. Retention of title
The delivered goods remain the property of Der Kranwicht until full payment has been made.
5. Delivery, availability of goods
If the company Der Kranwicht accepts the customer's order, the delivery of the goods will be arranged immediately after receipt of the order. In the case of orders against advance payment, the goods will only be delivered after the company Der Kranwicht has received full payment and the company Der Kranwicht will not reserve the ordered goods until receipt of payment. If the goods are sold out at the time of full payment and have to be ordered again, Der Kranwicht will inform the customer immediately.
If the company Der Kranwicht is not able to deliver the ordered goods through no fault of its own because the supplier of the company Der Kranwicht does not fulfill its contractual obligations, the company Der Kranwicht is entitled to withdraw from the customer. However, this right to withdraw only exists if Der Kranwicht has concluded a congruent hedging transaction (binding, timely and sufficient order of the goods) with the relevant supplier and is not responsible for the non-delivery of the goods in any other way. In such a case, Der Kranwicht will inform the customer immediately that the ordered goods are not available. Payments already made by the customer will be refunded immediately.
If the company Der Kranwicht is prevented from fulfilling a delivery obligation due to the occurrence of unforeseen events affecting the company Der Kranwicht or its suppliers and the company Der Kranwicht was unable to avert these even with the care that is reasonable under the circumstances, e.g. war, natural disasters and force majeure, the delivery period is extended appropriately. The company Der Kranwicht will also inform the customer about this immediately. The legal rights of the customer remain unaffected.
6. Consumer's Right of Withdrawal
(1) Right of withdrawal
SYou can revoke your contract declaration within two weeks without giving reasons in text form (e.g. letter or e-mail) or - if the item is left to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before we have fulfilled our information obligations in accordance with § 312c Para. 2 BGB in conjunction with § 1 Para. 1, 2 and 4 BGB-InfoV as well as our obligations according to § 312e Para. 1 Clause 1 BGB in connection with § 3 BGB-InfoV. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to :
Der Kranwicht
Elektromotorenhandel
Unternahmerstr. 12
D-58119 Hagen
Mobil : (+49)152-21769895
This e-mail address is being protected from spambots!
You need JavaScript enabled to view it.
(2) Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) surrendered. If you cannot return the service received to us in whole or in part, or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to their inspection - as you would have been able to do in a retail shop. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if it were your property and refraining from anything that would impair its value. Transportable items are to be returned at our risk. You have to bear the costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if you have a higher price of the item at the time of the
revocation have not yet provided the consideration or a contractually agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent by parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation* or the item, for us with its receipt.
You have to bear the costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item at the time of the cancellation, you have not yet received the consideration or a contractual have made the agreed partial payment. Otherwise, the return is free for you.
End of revocation
Declaration of revocation
Sample withdrawal form
If you want to revoke the contract, please fill out this form and send it back to :
Der Kranwicht
Elektromotorenhandel
Unternahmerstr. 12
D-58119 Hagen
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
_____________________________________________________
Ordered on (*)/received on (*)
__________________
Name of consumer(s)
_____________________________________________________
Address of consumer(s)
_____________________________________________________
Signature of consumer(s) (only if notification is on paper)
__________________
Date
__________________
(*) Delete where not applicable
Warranty
The statutory warranty regulations apply.
Contract language
As contract language german will be available exclusively.
Customer service
Our customer service for questions, complaints and complaints is available to you using the contact form
7. Warranty
The warranty is based on the statutory provisions.
8. Screen display
The images used to describe the goods are sample photos. These do not always represent the article in a lifelike manner, but are used for illustration purposes. Depending on the screen used, colors and sizes in particular can be displayed differently. The description of the respective item is decisive
9. Liability
The liability of the company Der Kranwicht for damage to the customer due to intentional or grossly negligent behavior by the company Der Kranwicht, for personal injury and damage under the Product Liability Act is unlimited in accordance with the statutory provisions. This also applies to damage caused by agents of the company Der Kranwicht.
Insofar as the company Der Kranwicht is not liable on the basis of an assumed guarantee, liability for claims for damages is otherwise limited as follows: For damage caused by slight negligence
Der Kranwicht is only liable for damages insofar as these are based on the violation of essential contractual obligations (cardinal obligations). Cardinal obligations are such contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner could rely.
The liability of the company Der Kranwicht for simple negligence according to this regulation is limited to the typically foreseeable damage.
For damage caused by delay caused by slight negligence, the liability of the company Der Kranwicht is limited to the typically foreseeable damage, but no more than 5% of the total price agreed in the contract concerned.
The provisions of the above paragraph also apply accordingly to a limitation of the obligation to compensate for futile expenses (§ 284 BGB).
The above limitations of liability also apply to the vicarious agents of the company Der Kranwich.
10. Data protection
We only collect customer data in the context of processing contracts. The legal requirements, in particular the Telemedia Act (TMG) and the Federal Data Protection Act (BDSG), are observed. Inventory and usage data of the customer are only collected, processed or used to the extent that this is necessary for the execution of the contractual relationship.
We will not use customer data for advertising, market research or opinion research without the customer's consent.
Further information on the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders can be found in the data protection declaration.
11. Final Provisions
The law of the Federal Republic of Germany applies to contracts between the company Der Kranwich and the customer, to the exclusion of the UN Sales Convention.
The contract remains binding in its remaining parts even if individual points are legally ineffective.