General Terms and Conditions of Business
§ 1 Exclusive validity and affirmation of being an end user
- In respect to business relations of all types between the firm Kemper GmbH (hereinafter referred to as “Kemper”) and its customers, the following General Terms and Conditions of Business hold true in their legally valid versions, respectively.
- Only authorized retailers are allowed to buy products for the purpose of reselling. On inquiry we will inform you about the possibility to become an authorized retailer.
- Customer in terms of these General Terms and Conditions is only the end user. The customer assures to be an end user, i.e. to buy the instrument only for his own private or professional use.
- The customer confirms to have taken notice of these General Terms and Conditions and declares his approval by ordering products. Divergent conditions or general business practices of the customer are hereby expressly not accepted.
§ 2 Conclusion of the contract
- The product display in the online store does not constitute a legally binding offer but is rather a noncommittal online catalogue showing the product line. By clicking the ‘buy’ button, customer agrees to buy the goods in the cart, and this order is legally binding. The customer receives an order confirmation immediately after the order is transmitted. This order confirmation is only sent for information purposes to the customer and does not present an acceptance of the offer made by the customer. The contract of purchase only comes into force when Kemper accepts the order within one week in written form or by initiating the product delivery and confirming the delivery towards the customer in written form (usually by Email).
- Kemper stores the text of the contract und emails the order data and a link to the General Terms and Conditions to the customer.
§ 3 Consumer´s right of withdrawal
Kemper grants to all consumers with a domicile and a place of delivery within the European Union the legal right of withdrawal concerning distance selling. The following instruction is conform to German Civil Law. Should the consumer´s national law concerning the right of withdrawal differ in its conditions and consequences from German Law and should the national law be more favorable to the consumer than the German right of withdrawal, the consumer´s national law will apply. If the consumer´s domicile and place of delivery is beyond the European Union, the right of withdrawal will only apply, if the right of withdrawal for consumers is stipulated in the national law of the consumer. Therefore, consumers of Switzerland have no right of withdrawal. If a withdrawal is anyway accepted by Kemper, the consumer will bear all costs of sending back the products.
Instructions on the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us
Kemper GmbH
Beckbruchweg 17a
45659 Recklinghausen
Germany
Email: [email protected]
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter
sent by post or e-mail).
To meet the withdrawal deadline, it is sufficient for you to
send your communication concerning your exercise of the right of withdrawal before the
withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you,
including the costs of delivery (with the exception of the supplementary costs resulting
from your choice of a type of delivery other than the least expensive type of standard
delivery offered by us), without undue delay and in any event not later than 14 days from
the day on which we are informed about your decision to withdraw from this contract. We will
carry out such reimbursement using the same means of payment as you used for the initial
transaction, unless you have expressly agreed otherwise; in any event, you will not incur
any fees as a result of such reimbursement.
We may withhold reimbursement until we have
received the goods back or you have supplied evidence of having sent back the goods,
whichever is the earliest. We will collect the goods at our own expense.
You are only
liable for any diminished value of the goods resulting from the handling other than what is
necessary to establish the nature, characteristics and functioning of the
goods.
End of instruction
Model withdrawal form
(complete and return this form only if you wish to withdraw from the
contract)
To
Kemper GmbH
Beckbruchweg 17a
45659
Recklinghausen
Germany
Email: [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the
following goods (*)/for the provision of the following service
(*),
....................................................................................................................................................
.......................................................................
Ordered on
(*)/received on
(*),
....................................................................................................................................................
.......................................................................
Name of
consumer(s),
....................................................................................................................................................
.......................................................................
Address of
consumer(s),
....................................................................................................................................................
.......................................................................
Date and
Signature of consumer(s) (only if this form is notified on
paper),
....................................................................................................................................................
.......................................................................
(*) Delete as
appropriate.
§ 4 Costs of returning the product when claiming the right of withdrawal
The consumer shall bear the costs of returning the product if the goods have been delivered as ordered and the price of the return merchandise does not exceed EUR 40.00. In the case of merchandise valued at more than EUR 40.00, the consumer has to bear the costs of returning when, at the time of the cancelation, the consumer has not made the consideration or a contractually agreed partial payment. Otherwise, the return for the customer is free of charge.
§ 4a 30-day Money-back guarantee
We stand behind our products and trust in the quality of our articles. If you are not
entirely satisfied, we provide the following 30-day Money-back guarantee:
All products
from our online-store can be returned for full refund within 30-days, if the product is in
original condition and packaging. For ordered media packaged in transparent film or sealed
media such as CDs, audio cassettes, videos, DVDs, as well as newspapers and software this
means, that the product has to be returned in original sealed packaging with an undamaged
seal.
The goods have to be returned to
Kemper GmbH
Am Stadion 12
45659
Recklinghausen
Germany
In case of returning goods under the conditions specified
above, we will refund the full payment with exception of the costs of returning. The
customer bears the risk of transportation. Please use our original used transport packaging
if possible. These provisions do not affect your legal rights or rights of withdrawal under
§ 3 of this terms and conditions of business.
§ 5 Prices
The prices valid the moment of ordering and specified on the website of Kemper include value-added tax/sales tax (currently 19 %). The prices do not include the charges for packing and transportation.
§ 6 Packing and transportation charges
- For the delivery Kemper charges packing costs based on heaviness and complexity of packing, independent from the number of ordered articles. The customer also bears the transportation costs.
- In case the goods are shipped to a foreign country outside the European trading zone, the customer also bears the additional tariffs and fees.
- At the request of the customer express deliveries are possible. The customer has to bear the additional transportation.
§ 7 Delivery
- The delivery is sent to the delivery address indicated by the customer. If the customer has indicated a wrong, incomplete or ambiguous delivery address he bears all costs resulting from this.
- As soon as the goods have been entrusted to a transportation company by Kemper, the risk automatically transfers to the customer. The delivery is sent to the delivery address indicated by the customer. Should the customer be a „consumer“ in the sense defined by § 13 German Civil Code [Buergerliches Gesetzbuch/BGB], the danger of accidental perishing or incidental deterioration of the purchased goods – even in the event of a „sale to destination“ - first becomes the legal responsibility of the customer after the goods have been delivered. If the customer is in default of acceptance, this will be considered as a delivery.
- In case of prepayment, Kemper will only deliver the goods when the receipt of money is complete. Kemper will not reserve the ordered goods until complete receipt of payment. If the goods are meanwhile sold out in the moment of complete receipt of payment, Kemper will immediately inform the customer about this.
- If an article should not be available on short term, Kemper will inform the customer via email on the expected delivery period as far as Kemper has the customer´s email address.
- In general, the delivery period is, as not stated otherwise next to the offer, 3-5 days.
- In case the customer is no “consumer” in the sense defined by § 13 German Civil Code the customer is obligated to examine the goods immediately after delivery to detect any transportation damages. Detectible transportation damages are to be reported without delay to us. The shipping company has to attest the packaging damages at the receipt by the customer in written form towards the customer.
§ 8 Due-date and conditions of payment
- Invoices sent by Kemper are to be paid in full without delay. In case of cash on delivery the payment is possible in cash, per credit card or prepayment. In case of payment per credit card the debit is carried out with issue of the bill and shipping of the goods. Immediately at the moment the customer sends his order to Kemper by email, the full amount will be reserved on his credit card.
- Kemper reserves the right to decline checks and other non-cash means of payment. Payments are always solely accepted on account of performance. Payments in foreign currency are credited according to our bank statement. The customer bears the banking fees.
- Should the customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value of five percentage points above the standard German interest rate for the period of delinquency. In the event Kemper is in a position to substantiate greater damages caused by delay, Kemper reserves the right to raise corresponding legal claims.
- Charging is only possible with unchallenged, established as final and absolute claims or such which are ready for judgment.
§ 9 Reservation of Ownership
The delivered goods remain the legal property of Kemper until the purchase price has been fully paid.
§ 10 Warranties and Claims for Damages
- For all defects of the goods which occur during the defects liability period the legal warranty claims, as fixed by the German Cicil Law, take place.
- Defects or other damages owing to culpable or inappropriate handling, improper installation or use of inappropriate accessories or an alteration of the original components by the customer or by a third party not authorized by Kemper, are not protected by warranty.
- Naturally occurring signs of use are equally excluded from warranty protection.
- Kemper is liable for damages arising from other causes than the detriment to life, body and health only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of Kemper or its legal proxies. Liability for compensation claims above and beyond this are excluded. The legal stipulations of German product liability laws remain unaffected. Kemper is not liable for the absolute availability of its online store as it cannot assure the error-free data communication on the internet.
§ 11 Producer Guarantee
In addition to warranty services prescribed by law, Kemper provides a 36-month guarantee defined by the following regulations:
- Kemper provides a guarantee for a period of 36 months beginning with the first sale or date of delivery to the end consumer for all damages caused by a material deficiency or manufacturing error.
- Excluded from the guarantee are all defects caused by the wrong or inappropriate use of the article, by wrong connection with other instruments or non-conventional use. Besides, the guarantee is excluded for defects arising from interference by a third party or unauthorized changes of the instrument. Kemper reserves the right to object to guarantee claims if the product has not been sold directly by Kemper or an authorized retailer to the end user.
- Product defects which should receive guarantee protection are to be corrected in the following way: The defective article will either be repaired free of charge or the defective article will be replaced by a fully functional equivalent. Hereby, the customer´s rights raising of the product liability laws of the country where the product has been bought are not limited.
- Condition for warranty adjustment is that the customer sends back to Kemper the
completed guarantee card with the serial number, date of sale, company´s stamp, evidence
to have bought the product directly from Kemper or the signature of the authorized
retailer, customer´s name and address and a copy of the sales receipt. If defects appear
during the guarantee period please contact the authorized retailer from whom you have
bought the product or send us an email to [email protected]. If the instrument has
to be send back to us this is only possible with prior consultation and if the following
two conditions are fulfilled:
- The instrument is in its original packaging or at least in an equal packaging.
- An exact description of the defect and a copy of the sales receipt are attached to the instrument.
§ 12 Data protection
All customer details and data collected will not be passed on to a third party. The data will only be transferred to a third party if this is necessary for the implementation of the contract. All collected customer data is stored solely for contractual and further informational use. The customer may object to the storage of data for consignment of informational content at any time at the aforementioned address.
§ 13 Applicable Law and Place of Jurisdiction
- This Agreement and its execution shall be governed by the laws of the Federal Republic of Germany under the exclusion of the CISG.
- The exclusive place of jurisdiction for any legal proceedings against Kemper Digital GmbH is Recklinghausen, Federal Republic of Germany as far as the customer is a businessman, dealer, legal person from the public sector or special property of the public sector.
- This English version of the General Terms and Conditions merely has explanatory character. In case of doubt on the interpretation of contractual regulations the German language version always prevails.
§ 14 Miscellaneous
Should a provision in this Agreement be or become invalid or unenforceable, the remaining provisions shall not be affected thereby. In such a case, the invalid or unenforceable provision will be replaced by a lawfully one.
Recklinghausen, December 2023