Terms and Conditions

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General Terms and Conditions of KABEA GmbH, Koßmannstraße 47, D-66538 Neunkirchen, Germany
( formerly "Becker GmbH, Antriebstechnik & Automation")

§ 1 General
All deliveries and services which KABEA GmbH, Koßmannstraße 47, D-66538 Neunkirchen, Germany (hereinafter referred to as "the Online Shop") provides for the customer are provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order. All additional agreements made between the Online Shop and the customer shall be documented in text form for verification purposes, without prejudice to their legal effectiveness.

§ 2 Conclusion of contract
The presentation of the products in the Online Shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the button "Send order" you place a binding order for the goods contained in the shopping basket. The offer is binding at the latest when it has passed the respective interface to the online shop. Confirmation of receipt of the order follows immediately after the order has been sent by e-mail. The purchase contract is concluded with our separate order confirmation or delivery of the ordered goods. The risk of an unaccountable, faulty transmission lies with the buyer.

The offers of the online shop are primarily aimed at corporate customers.

§ 3 Prices and payments
The prices, including those for packaging and shipping, apply only within the countries of the European Union and are always exclusive of statutory value-added tax. When the pages of the online shop are updated, all previous prices and other information about goods become invalid. The version valid at the time of the binding order pursuant to § 2 shall be decisive in each case.

The purchase price including other price components, shipping costs and the statutory value added tax (as shown in the order process) is to be paid in accordance with the method of payment selected by you in the order form.

If advance transfer or prepayment is selected as the method of payment, the customer must transfer the purchase price plus shipping costs to the account of the online shop specified in the order confirmation within 5 days after conclusion of the contract in accordance with § 2. The goods will be delivered after receipt of the invoice amount on this account.

§ 4 Customer accounts
The Online Shop shall set up a password-protected direct access for the customer for future orders in the Shop at the customer's request. The customer undertakes to treat this password confidentially and not to make it accessible to any unauthorised third party. The Online Shop accepts no liability for misused passwords.

§ 5 Delivery service/shipping costs
Invoicing and delivery shall only take place within the countries of the European Union. Delivery is made by shipment from the warehouse to the address provided by the customer by the parcel service commissioned by the Online Shop. If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately refund any payments already made.

§ 6 Defects
The customer's claims against the online shop shall be governed by the statutory provisions within the statutory periods.

§ 7 Retention of title
Until the purchase price and any ancillary services have been paid in full, the goods ordered shall remain the property of the Online Shop. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of the online shop.
 

§ 8 Right of revocation
--Cancellation policy--

You have the right to withdraw from this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us (kabea GmbH, Koßmannstraße 47, 66538 Neunkirchen, Tel: 06821/919238; Fax: 06821/919239 E-Mail: shop@kabea-gmbh.de) by means of a clear declaration, e.g. a letter sent by post, a fax or an e-mail about your decision to withdraw from this contract.

You can use the attached sample form for this purpose, but this is not mandatory.

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us (address as above) without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

You will only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

--End of the cancellation policy-.

§ 9 Withdrawal
If payment in advance is chosen as the method of payment and if the Online Shop does not receive the money in the account specified in the order confirmation within 5 days of conclusion of the contract in accordance with § 2, the Online Shop has the right to withdraw from the contract within 4 weeks of becoming aware of this and to cancel the order.

§ 10 Warranty rights and exclusion of liability
The purchaser is entitled to the statutory warranty rights. Under no circumstances shall the Online Shop be liable for manufacturer's warranties on the goods offered by it. Likewise, liability for defects which have arisen as a result of incorrect handling or through external influence is excluded.

The Online Shop shall only be liable for damages other than those resulting from injury to life, limb and health insofar as these are based on intentional or grossly negligent actions or on culpable breach of an essential contractual obligation by the Online Shop or vicarious agents (e.g. the parcel service) of the Online Shop. Any further liability for damages is excluded. Pre-contractual liability and the provisions of the Product Liability Act shall remain unaffected.

The warranty shall be provided in accordance with the statutory provisions. In the case of all defects occurring during the statutory warranty period of two years from delivery, you have the statutory right to subsequent performance (at your choice: rectification of the defect or new delivery) and - if the statutory requirements are met - the statutory rights to a reduction in price or withdrawal from the contract as well as, in addition, to compensation for damages.

§ 11 Data protection
We take the protection of your personal data very seriously and adhere strictly to the rules of data protection laws. Personal data is only collected in this shop to the extent necessary.

The following declaration gives you an overview of how we guarantee this protection and what kind of data is collected for what purpose.

Collection, processing and use
We use the data collected from you for the processing of orders, the delivery of goods and the processing of payments.

We save the text of the contract and send you the order data and our GTC by email. You can also view the terms and conditions here at any time.

We use your information exclusively to communicate with you about orders and products, as well as to update our data records and to maintain and service your customer accounts with us.

In addition, the data collected is used to improve our shop and to prevent or detect violations of the law.

The following information will be transmitted and used:
    - Address data required for registration with the online shop
    - Communication data (e-mail, telephone number, etc.)
    - Cookies (see under Use of cookies, evaluations, statistics)

Data security
Security is very important to us. That is why we use the proven SSL encryption method to protect your data from unauthorised access during transmission on the Internet. SSL encryption is only used in the ordering process.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of our customers' personal information.

It is important for you to protect against unauthorised access to your password and computer. If you share your computer with others, you should take care to log off after each session.

Right to information
According to the Federal Data Protection Act, you have the right to free information about your stored data and, if applicable, the right to have this data corrected, blocked or deleted.

Revocation of consent
You may have expressly given the following consent in the course of the ordering process. We would like to point out that you can revoke your consent at any time with effect for the future.

We observe the statutory data protection regulations and only store and process your data to the extent necessary for the transaction of business.

The revocation should be sent to: shop@kabea-gmbh.de

Passing on of personal data
Your data will only be passed on to trade or service partners if this is necessary for the delivery of the goods (name, address, possibly telephone number to coordinate delivery dates).

We also play it safe when it comes to payment transactions. We work closely with banks and financial institutions to guarantee you the highest level of security when shopping in our shop.

Use of cookies
We use cookies on various pages to make visiting our website more attractive and to enable the use of certain functions. These are small text files that are stored on your computer. Most of the cookies we use are deleted from your hard drive at the end of the browser session (so-called session cookies). Other cookies remain on your computer and enable us to recognise your computer on your next visit (so-called permanent cookies). Our partner companies are not permitted to collect, process or use personal data via our website using cookies.

Evaluations, statistics
On this website, we collect and store data in anonymous form for marketing and optimisation purposes. From this data, user profiles are created under a pseudonym. Cookies may be used for this purpose, but these only collect and store data in pseudonymous form. The data is not used to personally identify the visitor to this website and is not merged with data about the bearer of the pseudonym. The collection and storage of data can be objected to at any time with effect for the future.

§ 12 Third-party general terms and conditions

The application of general terms and conditions of the buyer or other third parties is expressly rejected.

§ 13 Miscellaneous
Should one or more provisions of these General Terms and Conditions be invalid, this shall not entail the invalidity of the entire contract. The invalid provision shall be replaced by the relevant statutory provision.

Status 15 April 2021