General Terms and Conditions KARL DAHM | AGB
Terms and Conditions
1. Scope
The following terms and conditions apply to all orders through our online shop by consumers and entrepreneurs.
For Germany: A consumer is defined according to § 13 of the German Civil Code (BGB) as any natural person who concludes a legal transaction for purposes that are predominantly neither related to their commercial nor their independent professional activity.
For Austria: In the following conditions, "consumer" refers to the "consumer" under the Austrian Consumer Protection Act (KSchG).
For Switzerland: In the following conditions, "consumer" refers to the "consumer" under Swiss law.
An entrepreneur is a natural or legal person or a partnership with legal capacity who acts in the course of their commercial or independent professional activity when concluding a legal transaction.
For entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we explicitly agree to them.
2. Contract Partner, Conclusion of Contract, Correction Options
The purchase contract is concluded with Karl Dahm & Partner GmbH.
The representation of products in the online shop is not a legally binding offer but an informal online catalog. You can initially place our products in the shopping cart without obligation and can correct your entries at any time before submitting your binding order by using the correction aids provided in the ordering process. By clicking the order button, you make a binding offer for the products in the shopping cart. The confirmation of the receipt of your order will be sent by email immediately after submitting the order.
We accept your offer within two days by
- sending an acceptance statement in a separate email, or
- if applicable, processing the payment transaction through our service provider or the selected payment service provider. The execution time of the payment transaction depends on the selected payment method (see under "Payment").
The relevant alternative depends on which of the listed events occurs first.
3. Language of the Contract, Storage of the Contract Text
The language(s) available for the conclusion of the contract: German, English, French
We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.
4. Subject of the Contract
4.1 Product Description
The applicability of the respective product description as an essential part of the contract is emphasized.
4.2 Product Images
Notwithstanding your statutory warranty rights, we would like to point out the following specifics. In case of uncertainties, please contact us:
Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and the actual product colors may occur.
5. Assembly
The provision of assembly services requires an explicit agreement.
5.1 Selection of the Service Provider
The service will be provided either by us personally or by qualified staff selected by us. We expressly reserve the right to have the service provided by third parties (subcontractors) who act on our behalf.
You are entitled to select a specific person for the provision of the service only if and to the extent that this is explicitly stated in the applicable service description.
If third parties are involved in the service provision, we remain fully responsible for the fulfillment of the contractual obligations.
Before using third parties, we will examine them for reliability, suitability in terms of professional training, experience, and/or ability to provide the contractual service and will oblige them accordingly.
5.2 Access to the Assembly Site
The product will be delivered to the assembly site. You are obliged to grant the person commissioned with the assembly access to the assembly site.
6. Delivery Conditions
6.1 Delivery Area
We deliver within Germany, Austria, and Switzerland. We do not deliver to: China, Russia.
6.2 Delivery Options
We ship the products to the delivery address provided in the ordering process.
As a rule, you have the option to pick up the goods at Karl Dahm & Partner GmbH, Ludwigstr. 5, 83358 Seebruck, Germany, during the following business hours: Monday to Friday from 7 AM to 5 PM.
6.3 Delivery by Freight Forwarding
Appointment Scheduling
In case of freight forwarding deliveries, the freight forwarding company commissioned by us will contact you to arrange a delivery date.
Delivery Location
The delivery of the goods consists of the transport and unloading of the goods at the first public curb of the agreed delivery address. Delivery does not include delivery to specific rooms or the assembly and/or installation of the ordered goods unless explicitly agreed otherwise.
7. Payment
7.1 Due Date and Default
The price is due upon conclusion of the contract unless a later date is specified in the following payment terms.
For customers based in Germany and Austria:
- For consumers: In the case of default, we reserve the right to charge a fee of €1.50 per reminder for the second and any subsequent reminders. You may prove that the damage caused was less. Other claims remain unaffected.
- For entrepreneurs: In the case of default, we reserve the right to charge statutory default interest of nine percentage points above the base rate as well as a lump sum of €40. Other claims remain unaffected.
For customers based in Switzerland:
- For consumers: In the case of default, we reserve the right to charge a fee of CHF 1.50 per reminder for the second and any subsequent reminders. You may prove that the damage caused was less. Other claims remain unaffected.
- For entrepreneurs: In the case of default, we reserve the right to charge default interest of nine percentage points above the ECB's base rate as well as a lump sum of CHF 40. Other claims remain unaffected.
7.2 Payment Methods
The following payment methods are generally available in our shop.
Prepayment
If you choose the prepayment method, we will send you our bank details in a separate email, and we will ship the goods after receiving the payment.
Cash on Delivery
You pay the purchase price directly to the delivery person. No additional costs will be incurred.
Credit Card
During the ordering process, you provide your credit card details. Your card will be charged immediately after placing the order.
PayPal, PayPal Express
To pay the invoice amount via PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, log in with your access data, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. Further instructions will be provided during the ordering process.
PayPal may offer additional payment options in your PayPal account based on its criteria. We have no influence on the offering of these options; the additional payment options affect your legal relationship with PayPal. You can find more information about this in your PayPal account.
Invoice
The invoice amount is due 14 days after receiving the invoice and the goods via bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on invoice only after a successful credit check.
Cash Payment upon Pickup
You pay the invoice amount in cash upon pickup.
8. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal instructions. Entrepreneurs are not granted a voluntary right of withdrawal.
9. Retention of Title
The product remains our property until full payment is made.
For customers based in Switzerland, we are entitled to make an entry in the retention of title register.
For entrepreneurs, in addition: We retain ownership of the product until all claims from an ongoing business relationship have been fully settled. You may resell the goods in the ordinary course of business; any claims arising from such resale, whether or not the retained goods have been combined or mixed with another item, are assigned to us in advance to the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect them ourselves if you fail to meet your payment obligations. We will release the securities owed to us upon request, to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
10. Transport Damage
For entrepreneurs: The risk of accidental destruction or accidental deterioration passes to you as soon as we have handed the goods over to the carrier, freight forwarder, or any other person or institution designated to carry out the dispatch.
11. Warranty and Guarantees
11.1 Warranty Rights
For consumers based in Germany and Austria:
The statutory warranty rights apply.
For consumers based in Switzerland:
You should examine the received goods as soon as it is practicable in the ordinary course of business and notify the seller immediately of any defects for which the seller is liable. If the consumer fails to do so, the purchased goods are considered accepted, unless the defects were not detectable during the usual inspection. If such defects arise later, the notification must be made immediately after discovery, otherwise, the goods are deemed accepted even for these defects.
Please return the defective product with a description of the defect. You bear the shipping costs. We will provide warranty by rectifying the defects. This will either be done by remedying the defect (repair) or by delivering a defect-free item (replacement delivery), at our discretion. If the supplementary performance fails, you are entitled to withdraw from the contract. This does not apply in the case of minor defects. A right to reduce the price is excluded.
For entrepreneurs and merchants:
Unless explicitly agreed otherwise below, statutory warranty rights apply.
The following limitations and shorter deadlines do not apply to claims for damages caused by us, our legal representatives, or vicarious agents
- in the event of injury to life, body, or health
- in case of intentional or grossly negligent breach of duty, as well as fraud
- in case of breach of essential contractual obligations whose fulfillment makes the proper performance of the contract possible and on which the contractual partner can regularly rely (cardinal obligations)
- in the context of a guarantee promise, if agreed, or
- as far as the scope of the Product Liability Act is opened.
Restrictions for Entrepreneurs
For entrepreneurs, only our own descriptions and the product descriptions of the manufacturer, which are included in the contract, count as an agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. For entrepreneurs, the statute of limitations for warranty claims for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to a good that has been used in accordance with its usual use for a building and has caused the defect. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for recourse claims under § 445a BGB remain unaffected.
Notice to Merchants
For merchants, the inspection and notification obligations regulated in § 377 HGB apply. If you fail to make the notification required there, the goods are deemed accepted
