General Terms and Conditions (AGB)

I. Payment

You can choose to pay in advance, via PayPal, credit card or cash on delivery. If you choose to pay in advance, we will provide you with our banking information in the order confirmation, and deliver the goods to you after we receive payment. If you pay by credit card, your credit-card account will be charged immediately after the payment is processed. When paying with PayPal, your account will be charged according to your agreement with them as an online payment service.

II. Delivery and Delays in Delivery

1. Force majeure or operational disruptions experienced by the Seller or the Seller’s supplier that temporarily prevent the Seller, through no fault of his own, from delivering the purchased item on the agreed-upon date or within the agreed-upon period shall modify the agreed-upon dates and deadlines by the amount of the operational delay caused by this impairment of performance. If corresponding disruptions lead to a delay of more than four months, the Purchaser can withdraw from the Agreement. Other rights of withdrawal shall remain unaffected hereby.

2. During the delivery period, orders are subject to changes in construction or form, variations in color and changes to the scope of delivery as long as the changes or variations are reasonable for the Purchaser and take the Seller’s interests into consideration. If the Seller or the Manufacturer use characters or numbers to identify the order or the ordered item, this alone shall not provide a basis for deriving any rights.

III. Retention of Title

1. The purchased item shall remain the property of the Seller until the receivables owed to the Seller on the basis of the purchase agreement have been paid. If the Purchaser is a legal entity under public law, a special fund under public law or an enterprise carrying out commercial or independent business activities in concluding the purchase agreement, the retention of title shall also apply to receivables by the Seller against the Purchaser arising from the ongoing business relationship, until the receivables owed in conjunction with the sale have been paid. At the request of the Purchaser, the Seller is obligated to waive the right to retention of title for the Seller’s choice of a portion of the purchased item if the value of the purchased item exceeds all receivables associated with the purchased item by 20%, and if an appropriate security exists elsewhere for the remaining receivables from the ongoing business relationship.
2. As long as the right to retention of title stands, the Purchaser can neither take possession of the purchased item nor contractually grant third parties the use of same.

IV. Material Defects

1. The Purchaser’s claims for material defects fall under the statute of limitations according to legal provisions; in other words, two years after delivery of the purchased item for new vehicle parts, one year for used vehicle parts.
If the Purchaser is a legal entity under public law, a special fund under public law or an enterprise carrying out commercial or independent business activities in concluding the purchase agreement, the sale of used vehicle parts shall exclude all liability for material defects.
In the event of fraudulent concealment of defects or of the assumption of a quality guarantee, further claims shall remain unaffected hereby.
2. In rectifying defects, the following applies:
    a) The Purchaser must lodge claims for the rectification of defects with the Seller. In the event of a verbal notification of claims, the Purchaser  must be provided with written confirmation that the notification has been received.
    b) Replaced parts shall become the property of the Seller.
    c) On the basis of the purchase agreement and until the end of the statute of limitations for the purchased item, the Purchaser can claim material defects in the parts installed for the purpose of rectifying a defect.

 

V. Liability

1. If, in accordance with legal provisions and as per these conditions, the Seller must compensate damages that were caused through slight negligence, the Seller’s liability shall be limited: liability only exists in the event of a violation of significant contractual obligations and is limited to such damages as are typical and foreseeable at the time the agreement is concluded. This limitation does not apply to loss of life, injuries or damages to health. To the extent that the damage from the incident in question is covered by an insurance policy concluded by the Purchaser (with the exception of fixed-benefit insurance), the Seller shall only be liable for any associated disadvantages to the Purchaser, e.g. higher insurance premiums or interest disadvantages, until the insurance company has settled the claim. No liability exists for damages caused through slight negligence by a defect in the purchased item.
2. Regardless of any fault on the part of the Seller, the Seller’s liability as per the Product Liability Act shall remain unaffected in the event of fraudulent concealment of a defect or upon the assumption of a guarantee or a procurement risk.
3. Liability for a delay in delivery is conclusively established in Section IV.
4. Personal liability is excluded on the part of the legal representatives, agents and employees of the Seller for damages which they incur through slight negligence.  

VI. Place of Jurisdiction

1. The place of jurisdiction for all current and future claims arising from the business relationship with merchants, including receivables from bills of exchange and checks, is exclusively the Seller’s location. The language of the Agreement is German.
2. The same place of jurisdiction applies if the Purchaser does not have a general court of jurisdiction domestically, if the Purchaser’s domicile or habitual place of residence is moved to another country, or if the Purchaser’s domicile or habitual place of residence is unknown at the time the claim is lodged. Otherwise, the domicile of the Purchaser shall be the place of jurisdiction for claims lodged by the Seller against the Purchaser.  
 

VII. Packaging Ordinance

Information about our participation in the Landbell AG exemption system:
Our company has joined the national collection system operated by Landbell AG, Mainz (account number: 4130453) in order to ensure that our legal obligations are fulfilled as per § 6 of the VerpackV (Packaging Ordinance) with regard to sales packaging that we initially fill with goods and deliver to private end users. You can find more information about this at www.landbell.de.
 

VIII. Right of Withdrawal

You can withdraw your contractual statement within 14 days without citing a reason, either in text form (e.g. letter, fax, email) or – if the item is transferred to you before the end of the withdrawal period – by returning the item. The withdrawal period shall begin upon receipt of these terms and conditions in text form, but not before the goods have been delivered to the recipient (for recurring deliveries of similar goods: not before the first partial delivery) and not before our duty to inform has been fulfilled as per Article 246 § 2 in conjunction with § 1 Paras. 1 and 2 of the EGBGB (Introductory Act to the German Civil Code) as well as our obligations as per § 312e Para. 1 Sentence 1 of the BGB in conjunction with Article 246 § 3 of the EGBGB. As long as the withdrawal notice or the item is sent by the final date, this shall be considered sufficient observation of the withdrawal period.

The withdrawal should be addressed to:

Robert Kunzmann GmbH & Co. KG
Auhofstraße 29
63741 Aschaffenburg

Fax: +49 (6021) 361-85604
E-Mail: shop@kunzmann.de

The following are excepted from the right of withdrawal:

a. Auctions (§ 312 d, Para. 5 of the BGB)
b. Sales without distance selling, i.e. sales where the goods are purchased on site (no shipping)
c. Delivery of goods that were created according to customer specifications, are clearly tailored to such specifications, or that have characteristics rendering them unsuitable for return, or that have passed their expiration date.
d. Delivery of audio recordings, video recordings or software if the delivered data medium has been opened by the user.

Consequences of Withdrawal

In the event of an effective withdrawal, the services received by both Parties are to be refunded and any usage benefits (e.g. interest drawn) must be returned. If you are unable to return the received service to us in full or in part, or only in deteriorated condition, you must provide us with any applicable compensation to the corresponding extent. For the transfer of items, this shall not apply if the deterioration of the item is due exclusively to testing the item, as would have been possible in a retail store. You can also eliminate the obligation to provide compensation for deterioration due to proper usage of the item by not using the item as your own property and by avoiding any action that negatively affects its value.

Items eligible for parcel shipment shall be returned at our risk. You must bear the cost of return shipping if the delivered goods correspond to the order and if the price of the item to be returned does not exceed 40 euros, or if you have not yet provided the consideration or a contractually agreed partial payment for a higher-cost item at the time of withdrawal. Otherwise, return shipping shall be free of charge for you. Items not eligible for parcel shipment shall be picked up from your location. Any obligation to provide payment must be fulfilled within 30 days. For you, this term shall begin as of sending your withdrawal notice or sending the item; for us, it shall begin with the receipt of same.

IX. Information about Concluding the Agreement

The representation of the products shown on the Online Shop does not represent a legally binding offer, but rather a non-binding online catalogue. By clicking the “Submit order” button, you are creating a binding order for the goods in your shopping basket. An order receipt confirmation will follow immediately after you submit your order. We can accept your order by sending an order confirmation by email or by delivering the goods within five days.
We save the text of the Agreement, and will be happy to send you the ordering information and our General Terms and Conditions by email. You can read the General Terms and Conditions here at any time. You can view your past orders by registering in our Customer Login area. If necessary, you can contact us by email at shop@kunzmann.de, or by phone at +49 6021 / 361-604.