Terms of Service

§ 1 Basic Provisions

(1) The following terms and conditions apply to all the contracts, which you conclude with us as a supplier (Kerber & Lampe GmbH) via the www.kela-schutzmasken.de website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) Subject of the contract is the sale of goods.

(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are then displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as the payment method, you will either be taken to the order overview page in our online shop or you will first be taken to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to the order overview page in our online shop.
Before sending the order, you have the option of checking all the information again, changing it (also using the "back" function of the internet browser) or canceling the purchase.
By sending the order via the button "Order with obligation to pay" you declare the acceptance of the offer in a legally binding manner. You will receive an order confirmation. The contract is concluded with a subsequent further order confirmation in a separate message from us. The confirmation of the order receipt by the order confirmation does not yet represent acceptance of the contract offer.

(4) Your inquiries about the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Right of retention, Retention of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2)  The goods remain our property until the purchase price has been paid in full.

(3)  If you are an entrepreneur, the following also applies:

a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 4 Warranty

(1) The statutory rights to liability for defects exist.

(2) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

a)  Only our own information and, in the case of commercial goods, the manufacturer's product description are agreed as the condition of the item, but not other advertising, public promotions and statements by the manufacturer.

b)  In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from bringing the goods to a place other than the place of performance, if the shipment does not correspond to the intended use of the goods.

c)  The warranty period is one year from date of delivery. The shortened deadline does not apply:

• culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;
• insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
• for items that have been used for a building in accordance with their usual purpose and have caused the building to be defective;
• in the case of statutory rights of recourse that you have against us in connection with warranty rights.

§ 5 Choice of Law, Place of Performance, Place of Jurisdiction

(1)  German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2)  The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3)  The provisions of the UN Sales Convention expressly do not apply.

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II. Customer information

1. Identity of Seller

Kerber & Lampe GmbH
Benzstr. 8
65779 Kelkheim, Germany
Germany
Phone: +49 (0) 6195 / 9942-0
Email: sales@kela-schutzmasken.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr.

2. Information on the formation of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, eg by e-mail, which you can print out or save electronically.

4. Essential characteristics of the product or service

The essential characteristics of the goods and / or services can be found in the respective offer.

5. Prices and terms of payment

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear. You must also bear the costs incurred for the money transfer in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

5.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Terms of delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.

If you are an entrepreneur, delivery and dispatch are at your own risk.

7. Statutory liability for defects

Liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I).