General Terms and Conditions

1. Basic Provisions

(1) The following terms and conditions apply to contracts concluded with us as the provider (Kabel-Tech, represented by its Managing Director, Shady Ghattas) via the website www.kabel-tech.de, unless amendments have been agreed upon in writing between the parties. Any deviating or conflicting terms and conditions shall only be valid with our express consent.

(2) We offer our products for purchase exclusively to natural persons, legal entities, or legally capable partnerships that act in the exercise of their commercial or independent professional activities when concluding the transaction (“business customers”). Contracts with consumers are excluded.

2. Conclusion of the Contract

(1) The subject of the contract is the sale of goods. The essential characteristics of the goods are specified in the respective product offer.

(2) By listing a product on our website, we submit a binding offer to conclude a contract through the online shopping cart system under the conditions specified in the respective offer.

(3) The contract is concluded through the online shopping cart system as follows: The goods intended for purchase are placed in the “Shopping Cart.” You can access the shopping cart at any time using the corresponding button in the navigation bar and make changes to its contents. After opening the “Checkout” page and entering your personal details, payment method, and shipping information, all order details are displayed again on the order overview page.

If you use an immediate payment system as your payment method (e.g., PayPal, PayPal Express, Amazon Payments, or Sofort), you will either be redirected to the order overview page in our online shop or first redirected to the website of the respective payment service provider. If you are redirected to the payment service provider, you will make the required selections or enter your details there. You will then be redirected back to our online shop to the order overview page.

Before submitting your order, you have the opportunity to review all information, make corrections (including by using your browser’s “Back” function), or cancel the purchase. By submitting your order using the appropriate button, you legally declare your acceptance of the offer, thereby concluding the contract.

(4) You may also submit a binding contractual offer (order) by telephone, email, fax, or post.

For orders placed by telephone, acceptance of the offer and conclusion of the contract take place immediately or, at the latest, within five days by means of confirmation in text form (e.g., email). This confirmation will confirm that the order is being processed or that the goods are being dispatched (order confirmation).

If you do not receive a corresponding notification within this period, you are no longer bound by your order. Any payments already made will be refunded without delay, where applicable.

(5) Upon request, we will prepare an individual quotation and send it to you in text form. We will remain bound by this quotation for five days. You accept the quotation by confirming it in text form.

(6) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly through automated emails. You must therefore ensure that the email address you have provided to us is correct, that emails can be received technically, and that they are not blocked by spam filters.

3. Custom-Made Goods

(1) You must provide us with the appropriate information, texts, or files required for the individual customization of the goods through the online ordering system or, at the latest, without delay after the contract has been concluded by email. Any requirements we specify regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular, copyrights, personal name rights, or trademark rights) or violates applicable laws. You expressly indemnify us against all third-party claims asserted in this connection. This also includes the costs of any legal representation required in connection with such claims.

(3) We do not examine the submitted data for factual or content-related accuracy and therefore accept no liability for errors in this respect.

(4) Where specified in the respective offer, we will send you a proof for review. You must examine it without delay. If you agree with the draft, you must approve it for production by providing a countersigned confirmation in text form (e.g., email).

No design or production work will be carried out without your approval.

You are responsible for checking the proof for accuracy and completeness and for notifying us of any errors. We accept no liability for errors that have not been reported.

4. Prices, Payment Terms, and Shipping Costs

(1) The prices stated in the respective offers, as well as the shipping costs, are net prices. They do not include statutory value-added tax (VAT).

(2) Shipping costs are not included in the purchase price and will be charged separately unless free delivery has been expressly agreed upon. Further details can be found under the corresponding section on our website or in the respective offer.

(3) You may use the payment methods indicated under the corresponding section of our website or in the respective offer. Unless a different payment deadline is specified for an individual payment method or on the invoice, payment claims arising from the concluded contract are due immediately. Discounts for early payment are only permitted if expressly stated in the respective offer or invoice.

5. Delivery Terms

(1) The estimated delivery period is stated in the respective offer. Delivery dates and periods are only binding if confirmed by us in writing. For advance payment by bank transfer, the goods will only be dispatched after we have received the full purchase price and shipping costs.

(2) If a product you have ordered unexpectedly becomes unavailable for a reason beyond our control, despite our having timely entered into an appropriate covering transaction, we will inform you of the unavailability without delay. If the contract is cancelled, any payments already made will be refunded without delay.

(3) Shipment is carried out at your risk. If you request transport insurance, the shipment will be insured accordingly, and you will bear the resulting costs.

(4) Partial deliveries are permitted and may be invoiced separately by us, provided that they do not result in additional shipping costs for you.

6. Warranty

(1) The warranty period is one year from delivery of the goods. This reduction of the warranty period does not apply:

• To damages attributable to us that are culpably caused by injury to life, body, or health, or to other damages caused intentionally or through gross negligence;
• Where we have fraudulently concealed a defect or have provided a guarantee regarding the condition of the goods;
• To goods that have been used, in accordance with their customary purpose, for a building and have caused the building to be defective;
• To statutory rights of recourse that you may have against us in connection with defect-related rights.

(2) Only our own statements and the manufacturer’s product description shall be deemed agreed characteristics of the goods. Other advertising, public promotional statements, and statements made by the manufacturer shall not constitute agreed characteristics.

(3) In the event of defects, we will provide a remedy, at our discretion, by repairing the defect or supplying replacement goods. If the remedy fails, you may, at your discretion, request a reduction in the purchase price or withdraw from the contract.

Unless the nature of the goods or the defect, or other circumstances, indicate otherwise, the remedy shall be deemed to have failed after the second unsuccessful attempt.

In the event of a repair, we are not required to bear the additional costs arising from transporting the goods to a location other than the place of performance, unless such transportation is consistent with the intended use of the goods.

7. Right of Retention and Retention of Title

(1) You may exercise a right of retention only insofar as your claims arise from the same contractual relationship.

(2) We retain ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of goods subject to retention of title has transferred to you, pledging or transferring them as security is not permitted.

(3) You may resell the goods in the ordinary course of business. In such a case, you hereby assign to us all claims arising from the resale up to the invoice amount. We accept this assignment. You remain authorized to collect these claims. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claims ourselves.

(4) If goods subject to retention of title are combined or mixed with other goods, we acquire co-ownership of the resulting new item in proportion to the invoice value of the goods subject to retention of title compared with the other processed items at the time of processing.

(5) At your request, we undertake to release the securities to which you are entitled to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. We shall determine which securities are to be released.

8. Governing Law, Place of Performance, and Jurisdiction

(1) German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance and jurisdiction shall be our registered place of business, provided that you are 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 European Union.

Customer Information

1. Seller’s Identity

Kabel-Tech
Pfälzer 102
90411 Nürnberg
Germany

Telephone: 0915755270135
Email: Vertrieb@kabel-tech.de

2. Information on the Conclusion of the Contract

The technical steps involved in concluding the contract, the conclusion of the contract itself, and the available correction options are governed by Section 2 of our General Terms and Conditions (Part I).

3. Contract Language and Storage of the Contract Text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting an order or inquiry, you may print or electronically save the order data using your browser’s print function.

These General Terms and Conditions were prepared by the legal experts of Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of these texts and accepts liability in the event of legal warning notices. Further information can be found at:

http://www.haendlerbund.de/agb-service