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Terms of Use & Revocation

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Terms of Use & Revocation

I. General

  1. The following terms and conditions are the basis of all our goods and services. In addition, the relevant provisions of the VOB, unless it is contrary to our conditions are valid. By using our website you agree to our Terms and Conditions.
     
  2. Different customer terms and conditions are not binding for us. Divergent agreements are only valid if they were confirmed by us in writing. Oral agreements or understandings with the representatives and technicians without our consent will be void. Deviating agreements must be on the original of the order in writing and confirmed by us in writing.

II. Contract conclusion in the online-shop

  1. The product range of von Kuester KG in the online-shop is not binding. By the order of the goods offered in our online-shop you as the customer makes a binding offer to conclude a purchase contract. This binding offer is accepted by us by an automatically sent e-mail order confirmation. In case of prepayment (bank transfer) you will be asked to pay in the e-mail order confirmation.
     
  2. In case of a telephone order, the conclusion of the contract comes about, if we accept your order.

III. Technical steps of contract conclusion

The technical steps of the contract conclusion in the online-shop are as follows:

  1. By clicking on the button “Add to cart” your selected goods, the customer goods, are placed in the shopping cart without obligation. The goods can be seen in the shopping cart, the number of products can be changed or goods can be cleared.
     
  2. By clicking on the button “Proceed to Checkout” you go to the ordering process. There, you can decide whether you want to place the order as a new customer or a customer with an existing account. After entering the customer data in “Create New Account” or “Sign-in for customers” is the order process is getting started.
     
  3. In the ordering process you as customer enter billing-, and shipping address, delivery and payment method. At the end of the ordering process the input data and the data from the basket are summarized in an overview. There you also have the opportunity to change or correct the input data.
     
  4. By clicking on the button “liable payment” the order will be sent and you make a binding offer to conclude a purchase contract. With the automatically sent e-mail order confirmation we accept the offer.

IV. Reservation of Title

The ownership of the goods delivered is left to us until full payment.

V. Maturity

The purchase price is payable with the contract conclusion.

VI. Payment

We accept the following payment methods: Credit card, Paypal, immidiateley transfer, prepayment (bank transfer), invoice and cash on delivery. Our prices are net prices. These include the at the time of calculating valid VAT.

  1. Prepayment (bank transfer): After carrying out your order you will receive an order confirmation. This contains all the information needed to transfer the total amount of the order to our account. Please transfer the invoice amount within 7 days to the account of von Kuester KG,VR-Bank Starnberg-Herrsching eG, accountnumber 25240, bank code 70093200, IBAN DE61 7009 3200 0000 0252 40, BIC GENODEF1STH. Once the total amount is on our account, your goods will be sent to you. For you as a buyer prepayment is free of charge.
     
  2. PayPal: With the online payment service PayPal, you can pay easily and securely. By confirming your transaction your PayPal account is debited. Once Paypal has confirmed your payment via email we will deliver your window film. Per transaction confirmed we have tp pay a fee of € 0.35 plus 1.9% of the invoice amount. We are paying this fee for you, so that the payment via PayPal is free of charge for you. The Paypal terms, which you must agree to for using the PayPal services are available at www.paypal.com.
     
  3. Immediately transfer: For the servicing of Payment Network AG www.sofortueberweisung.de you need an online banking account with PIN / TAN system. The Payment Network AG automatically sets a transfer to your online bank account, the purchase amount will be transferred directly to our bank account. Your goods will be shipped after we have received the referral credit. Per confirmed transaction we have to pay a basic fee of € 0.25 plus 0.9% of the invoice amount. This fee will be paid by us to you, so that the payment with www.sofortueberweisung.de is free of charge for you.
     
  4. Invoice: When paying by invoice, you are obliged to pay the invoice amount to our account at the VR-Bank Starnberg-Herrsching eG, accountnumber 25240, bank code 70093200, IBAN DE61 7009 3200 0000 0252 40, BIC GENODEF1STH after you have receipted the goods. This payment method is permitted only after consultation for public authorities, public institutions, dealers of window films and selected companies. Talk to us!
     

VII. Delivery

  1. Delivery: We deliver your goods to any of you desired location. The delivery time for Standard Package is 1-3 days. If you wish we serve you by express delivery the next day.
     
  2. Shipping costs

    The shipping costs are € 5.50 for a parcel, € 7.70 for a standard package within Germany (Maximum Window Film – width 1.75 m, Maximum weight 30 kg) and € 17,90 for an express delivery. From an order of € 150.00 delivery for private customers is free.

    To receive the goods, the personal presence of the recipient address is required. If this is not possible, we ask you for an information on the spot where the package is to be delivered.
     
  3. The price includes the legal VAT based on our General Terms and Conditions.
     
  4. Delivery time: The goods will be made ready within 1-3 working days after we receipted the payment. The subsequent transport time of a standard package is 1-3 working days. The delivery times have to be regarded as approximate and not binding for us. For the observance of delivery deadlines, we are liable only if we explicitly have given a guarantee.

    If an article should not be available, we will inform you by email about the expected delivery time.

    In case of a non availability of ordered goods we reserve the right not to deliver. In this case, we will inform you immediately. Already received payments will be refunded immediately.
     
  5. Picking-up: You are welcome to pick-up your goods during our business-hours from monday till friday from 08:00 a.m. till 18:00 p.m. at: von Kuester KG, Strittholzstr. 3, 82211 Herrsching a. Ammersee.
     
  6. Post box: The delivery to a post box (except packing station) is not possible.
     
  7. Abroad / Island Charge: For deliveries to german north and east sea Islands a surcharge we have an extra pay of 15.50 Euro. For deliveries to other countries, higher fees and additional duties, taxes and fees may apply.

XIII. Cancellation instructions

  1. Right of withdrawal

    Within 14 days, you can cancel the contract without giving reasons. The cancellation period begins 14 days after you or a third party named by you, another one than the carrier, has taken physical possession of the the goods. To exercise your right of cancellation, you must contact us (von Kuester KG, Strittholzstr. 3, 82211 Herrsching, telephone: +49 8152 2659 and +49 8152 8474, Fax: +49 8152 3321, E-mail: service@vonkuester.de) by a clear statement (eg a letter sent to us by post, fax or e-mail) about your decision to withdraw from this contract. You may use the attached model withdrawal which is not prescribed.
     
  2. Consequences of the cancellation

    If you withdraw from this contract, we have to give you back all the payments that we have received from you, including delivery costs (excepted additional costs arising from the fact that you have chosen another type of delivery than the cheapest type of delivery offered by us), immediately latest within fourteen days from the date on which we have received your cancellation of the contract. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in no case you will be charged fees for the repayment. We may reject the repayment until we have received the returned goods, or until you have given the proof that you have returned the goods, whichever is the earlier point of time.

    You have to return the goods promptly and in any event not later than fourteen days from the date on which you have informed us of the cancellation of the contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct cost of returning the goods. You only need to pay for any diminished value of the goods, if this value loss is due to a not necessary handling ba you concerning testing of the nature, characteristics and functioning of the goods.

    The right of cancellation does not exist for contracts for the delivery of goods which are not prefabricated and which have been individually chosen by the consumer or which are clearly tailored to the personal needs of the consumer (eg running meter, used sheets, Offers of the Month, special offers, articles from the bargain portal).

IX. Warranty

  1. The statutory provisions apply in each case, unless something differnet arises from this terms and conditions.
     
  2. A claim to warranty does not exist if the defect is due to a breach of the installation instructions or improper use of the goods. E.g. have sun control foils to be applied externally on heat-insulating glass, triple glazing, conservatories, skylights, solar control glass, noise control glass, safety glass, otherwise the space between the panes is superheated and a stress crack in the glass maybe occure. We are not liable for glass breakage or other damage ocurred after the foil application. Relevant information can be found in the product description.
     
  3. Inclusions of airborne dust particles or smaller inclusions are unavoidable during the foil application. The inclusions do not affect the action of the foil and have no effect on the lifetime of the window foil. Therefore no warranty claims can be asserted.
     
  4. A claim to warranty does also not exist if the defect is due to the fact that the customer has tried to remedy a defect by himself or by a third party.
     
  5. The manufacturer allows for many products a guarantee of 2 to 10 years for the functioning of the good which can be claimed furthermore, see the respective product description. A claim to guaratee does not exist in the event of damages caused by external factors or by improper installation. The warranty does not apply when the product is used incorrectly or when the product is improperly cleaned. Scratching at the window foil from improper cleaning do not give any guarantee and warranty claims.

X. Liability

  1. We are only liable for damages based on an intentional or grossly negligent breach of duty. This does not affect the liability for injury to life, limb or health, for breach of contract and under the Product Liability Act.
     
  2. The liability for ordinary negligence is otherwise excluded. The liability for the negligent breach of contract is to the typical, foreseeable damage, the extent is not liable for injury to life, limb or health.
     
  3. Liability for errors that result from the documents submitted by the customer (eg drawings) or by inaccurate or oral information provided on.
     
  4. The burden of proof for a fault of Kuester KG carries the claimant.
     
  5. The limitation of liability shall apply to the same extent for our vicarious agents.
     
  6. The provisions of the Product Liability Act remain unaffected.
     
  7. The provisions above shall also apply to damages in addition to performance, instead of performance and a claim for wasted expenditure. This applies irrespective of the legal reason, including liability for deficiency, delay or impossibility.

XI. Offsetting

Offset by the customer is only possible if the set-off claim of the customer has been legally established, has been accepted by us or is undisputed.

XII. Copyright

The logos, pictures and graphics are property of the company and subject to copyright of the licensor. All the pictures, logos, texts, reports, scripts and programming routines may not be reproduced without our consent or otherwise used.

XIII. Severability

If any provision in these Terms and Conditions or any provision of any other agreement should be ineffective, or if a loophole, the validity of the remaining provisions shall not be affected. The parties will endeavor to agree, for these cases, a reasonable provision in the framework of the legal options comes closest to what the parties would have intended if they had considered the issue.

XIV. Jurisdiction

  1. To all contractual relations between von Kuester KG and the customer finds the right of the Federal Republic of Germany.
     
  2. Jurisdiction for disputes arising from the contractual relationship between the von Kuester KG and the customer is the seat of von Kuester KG, unless it is the customer is a trader, a commercial trader, a legal entity under public law or a public special assets.