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AGB

General terms and conditions

1. Scope of application

The following General Terms and Conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2. Contracting party, conclusion of contract

The purchase contract is concluded with KUM GmbH & Co. KG.

By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping basket. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract language, contract text storage

The language available for the conclusion of the contract is German.

We save the text of the contract and send you the order data and our general terms and conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.

4. Terms of delivery

In addition to the indicated product prices there are shipping costs. You can find out more about the shipping costs in the offers.

We deliver only in the dispatch way. A self-collection of the product is unfortunately not possible.

We do not deliver to packing stations.

5. Payment

The following payment methods are available to you in our shop:

PayPal

During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.

The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

6. Retention of title

The goods remain our property until full payment has been made.

7. Transport damages

If goods with obvious transport damage are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us will not have any consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

8. Revocation instruction

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.

In order to exercise your right of revocation, you must notify us (KUM GmbH & Co. KG, Essenbacherstraße 2, 91052 Erlangen, Germany, customer-service@kum.net, telephone: +49 (0)9131 0) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You can use the attached sample revocation form, which is not mandatory.

In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

Sample withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

- To KUM GmbH & Co. KG, Essenbacherstraße 2 , 91054 Erlangen, customer-service@kum.net, Germany,

- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)

- Ordered on (*)/received on (*)

- Name(s) of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only for paper communication)

- date

(*) Delete as appropriate.

9. Warranties and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

In the case of used goods: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

The aforementioned restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

- in the event of injury to life, limb or health,

- in case of intentional or grossly negligent breach of duty as well as fraudulent intent,

- in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

- within the framework of a guarantee promise, if agreed or

- to the extent that the scope of application of the Product Liability Act has been opened up.

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10. Liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.

- in the event of injury to life, limb or health,

- in case of intentional or grossly negligent breach of duty,

- in the case of guarantee promises, if agreed, or

- to the extent that the scope of application of the Product Liability Act has been opened up.

In the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

11. Settlement of disputes

The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/.

We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration body.