General Terms and Conditions

KAULBERG e. K.

(As of: 01.09.2011)

1. Provider identification:

KAULBERG e. K. Owner: Matthias Ficker, Kaulberg 1, D-96114 Hirschaid

Phone: +49 9545 509 500 Fax: +49 9545 509 501 E-Mail: info@kaulberg.de

Commercial Register: AG Bamberg, HRG A9721 VAT ID No.: DE 132216733

2. Basis of Contract

a) The following General Terms and Conditions regulate the contractual conditions between KAULBERG e. K. (seller) and the customer (consumer within the meaning of § 13 BGB or entrepreneur within the meaning of § 14 BGB) of the KAULBERG e. K. online shop, unless individual provisions explicitly apply only to consumers or only to entrepreneurs.

b) The General Terms and Conditions in the version valid at the time of contract conclusion apply to all contracts for the supply of goods concluded exclusively using means of distance communication. Deviating general terms and conditions of the customer only apply if their application has been expressly agreed.

c) The contract language is German. The law of the Federal Republic of Germany applies.

3. Offer, Conclusion and Storage of the Contract

a) Information on our website constitutes non-binding offers to place an order. The purchase contract is concluded upon receipt of the customer's binding order by written contract confirmation in case of prepayment, otherwise by sending the goods. The automatic confirmation of receipt of the order does not constitute acceptance of the contract offer. If a purchase contract is not concluded within 2 weeks of receipt of the order at the latest, the purchase offer is deemed to have been rejected.

b) The data of your order and the contract text are not stored by us in a form accessible to you later. If you wish to document your order data, we recommend that you copy, print, or otherwise save it before submitting your binding order.

4. Payment, Delivery

a) Unless otherwise agreed, the delivery of ordered goods will only be made against prepayment, direct debit or cash on delivery. For prepayment, payment must be made within 8 days of the conclusion of the contract.

b) Delivery will be made no later than 10 working days after receipt of payment, unless an explicitly different delivery time is stated in the item description or a different delivery time has been expressly agreed upon.

c) The seller assumes no procurement risk and reserves the right to withdraw from the contract in the event of non-delivery or late delivery by its own suppliers. This applies only if the seller is not responsible for this and has, in particular, concluded a congruent hedging transaction to fulfill the obligation arising from the contract. The seller will immediately inform the customer of missing or delayed self-delivery and, if necessary, exercise the right of withdrawal. In the event of withdrawal, any services already received must be returned immediately.

5. Right of Withdrawal for Consumers

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

Instructions on Withdrawal

Right of Withdrawal

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, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us, KAULBERG e. K. Owner: Matthias Ficker, Kaulberg 1, D-96114 Hirschaid Fax: +49 9545 509 501, E-Mail: info@kaulberg.de, by means of a clear statement (e.g., by letter, fax, or online via e-mail) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but this is not mandatory.

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.

Consequences 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 fourteen 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 no event will you 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.

You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will bear the direct cost of returning the goods.

You only have to pay for any diminished value of the goods if this diminished value is due to handling them in a way not necessary for checking the quality, characteristics and functioning of the goods.

6. Return

You will bear the direct cost of returning the goods.

7. Warranty, Customer Service, Screen Display

a) In the event of a material defect, the statutory defect claims apply.

b) Any existing manufacturer's guarantees are governed by the warranty conditions stated by the manufacturer and printed in the product description. Claims arising therefrom are to be asserted against the manufacturer. Statutory consumer rights arising from warranty are not restricted by guarantee promises.

c) The photos used to describe the products are sample photos used for illustration purposes. It is pointed out that colors and sizes may be displayed differently depending on the screen quality and selected screen display. The respective item description is decisive.

d) Errors and misprints are reserved.

8. Prices

All prices are in Euro (€) and include the statutory value added tax. The prices apply exclusively to orders placed in the online shop.

Customers from a third country (e.g., Switzerland) do not have to pay this VAT. Please note that the delivery address must be in a non-EU country, otherwise German VAT will apply!

If import VAT and import duties are incurred in the recipient country outside the EU according to legal regulations, these must be borne by the customer and are payable upon receipt of the goods. For more details, please contact your local customs authority.

In addition to the product prices, the respective packaging/shipping costs according to the item description and, for cash on delivery, the cash on delivery fee will be added.

9. Shipping Costs

Shipping is generally only available to the countries listed under "Shipping Costs". The stated packaging/shipping costs apply, which we have compiled for you here:

Shipping costs are charged separately and are itemized separately on this invoice. The delivery address is decisive.

A shipping cost share for shipping and packaging costs will be charged

- within Germany of 5.90 Euro

- within the EU of 9.90 Euro

- to Switzerland of 15.90 Euro

- worldwide delivery (outside EU) 20,- Euro

per order.

Subsequent deliveries for which we are responsible are, of course, postage-free. The delivered goods remain the property of KAULBERG e. K., Kaulberg 1, D-96114 Hirschaid, until full payment.

10. Retention of Title

The sold goods remain the property of KAULBERG e.K. until full payment. The customer is not entitled to dispose of the goods in a legal transaction until ownership is acquired. The customer undertakes to immediately inform the seller if third parties assert rights to the goods.

11. Jurisdiction Agreement

a) If the contractual partner is a merchant, a legal entity under public law, or a special fund under public law, our place of business in Hirschaid is agreed as the exclusive place of jurisdiction for all claims arising from or based on this contract.

b) Clause 11 a) also applies to persons who do not have a general place of jurisdiction in Germany, or persons who have moved their domicile or usual place of residence outside of Germany after the conclusion of the contract, or whose domicile or usual place of residence is unknown at the time the action is filed.

12. Data Protection

a) We collect, process, and store your personal data exclusively to the extent necessary for the execution of contracts and permitted by law. Your data will not be passed on to third parties or used for other purposes, unless you have consented or we are legally obliged to do so.

b) Only with your prior, separately declared consent do we use your personal data for marketing purposes, i.e., for sending customer information, newsletters, and advertisements from our company.

c) You can object to the processing and use of the data stored with us with your consent for purposes according to b) at any time by declaring this to KAULBERG e. K., Owner: Matthias Ficker, Kaulberg 1, D-96114 Hirschaid. We will then no longer use and delete the data.

13. Information according to the Consumer Dispute Resolution Act (VSBG)

The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. We endeavor to amicably settle any disagreements arising from our contract with our customers. Furthermore, KAULBERG e.K. is not obliged to participate in dispute resolution proceedings and does not offer participation in such proceedings.

14. Disclaimer

As a service provider, we are responsible for the content of our shop. Links to external content (websites of other providers) are dynamic references. We have checked the content of such pages for possible civil or criminal liability each time a link was first established. Continuous monitoring of the linked content is not possible. However, if it is determined or if there are indications that a linked offer gives rise to civil or criminal liability, we will immediately remove the link to such a page.