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General Terms and Conditions

Section 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Kerber & Lampe GmbH) via the website www.kela-schutzmasken.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, will be contradicted.

2. For the purposes of the following provisions, a consumer shall be any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or self-employed professional activity. Entrepreneur is any natural or legal person or partnership with legal power who, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.

Section 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) Already with the posting of the respective product on our website, we make you a binding offer to conclude a contract on the terms specified in the article description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the “shopping basket”. You can use the corresponding button in the navigation bar to access the “shopping basket” and make changes there at any time.
After accessing the “Cashier” page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If the forwarding to the respective instant payment system is carried out, make the appropriate selection or input of your data there. Finally, you will be redirected back to our online shop on the order overview page.
Before submitting the order, you have the possibility to check all information here again, to change it (also via the function “back” of the internet browser) or to cancel the purchase.
By submitting the order via the “Order for payment” button, you declare the acceptance of the offer legally binding. You will receive an order confirmation. With subsequent, further order confirmation in separate message by us, the contract is concluded. Confirmation of the order receipt by the order confirmation does not constitute acceptance of the contract offer.

(4) Your enquiries for 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 transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that SPAM filters do not prevent them.

Section 3 Right of retention,retention of title

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

(2) The goods remain our property until full payment of the purchase price.

3. If you are an entrepreneur, the following shall also apply:

a) We reserve ownership of the goods until all claims arising from the current business relationship have been fully severed. Pledging or transfer of security is not permitted prior to the transfer of ownership of the reserved goods.

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

c) In the event of combination and mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title 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 to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. It is up to us to select the collateral to be released.

Section 4 Warranty

(1) There are statutory liability rights for defects.

(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply, this will not affect your statutory warranty claims.

(3) Insofar as you are an entrepreneur, the following shall apply in a different way from the above warranty provisions:

a) Only our own information and, in the case of merchandise, the manufacturer’s product description are deemed to have been agreed, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall at our discretion provide warranty by rectification or subsequent delivery. If the defect is receded, you can demand a reduction at your choice or withdraw from the contract. The rectification of the defect shall be deemed to have failed after an unsuccessful second attempt, unless otherwise the nature of the item or the defect or the other circumstances in particular. In the event of repair, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:

  • culpable damages attributable to us arising from injury to life, body or health and other damage caused intentionally or through gross negligence;
  • to the extent that we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
  • in the case of goods which have been used for a structure in accordance with their usual use and which have caused its defectiveness;
  • in the case of legal claims for recourse that you have against us in connection with rights to defects.

Section 5 Choice of law, place of performance, place of jurisdiction

(1) German law applies. In the case of consumers, this choice of law applies only to the extent that this does not deprive them of the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favourability).

(2) The place of performance for all services arising from the business relations and place of jurisdiction exists with us is our registered office, insofar as 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 the domicile or habitual residence is not known at the time the action is brought. The power to bring an action before the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the Resale Of Contracts expressly do not apply.

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II. Customer Information

1. Identity of the Seller

Kerber & Lampe Ltd.
Benzstr. 8
65779 Kelkheim
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), available under https://ec.europa.eu/odr.

2. Information on the conclusion 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 provisions “Conclusion of the contract” of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is german.

3.2. We do not store the entire text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out via the print function of the browser or saved electronically. Upon receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.

3.3. In the case of quotation requests outside the online shopping cart system, you will receive all contract data in text form within the scope of a binding offer, e.g. by e-mail, which you can print out or secure electronically.

4. Essential characteristics of the goods or services

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

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as 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 accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless the free delivery is promised.

5.3. If the delivery to countries outside the European Union is incurred by us, there may be additional costs for which we are not responsible, such as customs duties, taxes or transfer fees (transfer or exchange rate fees of credit institutions) to be borne by you. You shall also bear the costs incurred in transferring funds in cases where the delivery is made to an EU Member State but the payment has been initiated outside the European Union.

5.4. The payment methods available to you are indicated 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 entitlements under the concluded contract are due for payment immediately.

6. Terms of Delivery

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

6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment will not pass to you until 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 designated by the entrepreneur or a person otherwise designated to carry out the shipment.

If you are an entrepreneur, the delivery and dispatch will be at your peril.

7. Statutory Liability for Defects

Liability for defects is governed by the “Guarantee” regulation in our General Terms and Conditions (Part I).

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Wir sind bereit, an einem außergerichtlichen Schlichtungsverfahren teilzunehmen.