Terms and Conditions

General Terms and Conditions

Terms and conditions created using the generator provided by Deutsche Anwaltshotline AG

Contracting parties

On the basis of these General Terms and Conditions (GTC), the following agreement is concluded between the customer and KAMBA GmbH 
Represented by Andreas Bartner & Joachim Kammerer 
Address: Franz-Gschrey-Str. 18 77955 Ettenheim
Germany
Phone: +49 (0) 7822 – 7800 470
Email address: info[at]kamba-antirutsch.de

Commercial register: Freiburg Local Court
Commercial register number: 714694
VAT identification number: DE 3059 781 69,
hereinafter referred to as the provider, the contract is concluded.

Subject matter of the contract

This contract regulates the sale of new goods via the provider's online shop. For details of the respective offer, please refer to the product description on the offer page.

Conclusion of contract

The contract is concluded in electronic commerce via the shop system or other means of remote communication such as email. The offers presented represent a non-binding invitation to submit an offer through the customer's order, which the provider can then accept. The order process for concluding the contract comprises the following steps in the shop system:

• Selection of the offer in the desired specification (item type and quantity)
• Placing the offer in the shopping cart
• Clicking the 'order' button
• Entering the billing and delivery address
• Selecting the payment method (prepayment)
• Reviewing and processing the order and all entries
• Clicking the 'place order' button
• Confirmation email that the order has been received. In addition to the shop system, orders can also be placed via remote communication (email), whereby the order process for concluding a contract comprises the following steps:
• Confirmation email that the order has been received. The contract is concluded when the order confirmation is sent.

Reservations

The provider reserves the right to provide a service of equivalent quality and price. The service shown in the shop is an example and not the individual service covered by the contract. The provider reserves the right not to provide the promised service in the event of its unavailability.

Prices, shipping costs, return costs

All prices are final prices and include statutory sales tax. The following flat-rate shipping costs per package apply to each order: Germany: €8.00. Austria: €14.80. In the case of partial deliveries, the flat rate is only charged once. If there is a right of withdrawal and this is exercised, the customer bears the costs of the return shipment.

Terms of payment

The customer has several payment options: Prepayment by bank transfer. Other payment methods are offered subject to availability. The invoice amount must be transferred in advance to the account specified in the order confirmation, which contains all the details for the transfer and is sent by email. The customer is obliged to pay or transfer the amount shown on the invoice to the account specified on the invoice within 7 days of receipt of the invoice. Payment is due without deduction from the invoice date. The goods and invoice will be dispatched upon receipt of payment. After expiry of the payment period, which is thus determined by the calendar, the customer is in default even without a reminder.

Terms of delivery

The goods will be shipped immediately after confirmation of receipt of payment. Shipping takes place on average after 2 days at the latest. The entrepreneur undertakes to deliver on the 3rd day after receipt of the order. The standard delivery time is 3 days, unless otherwise stated in the item description. The supplier ships the order from its own warehouse as soon as the entire order is in stock there. If the supplier has a permanent obstacle to delivery, in particular force majeure or non-delivery by its own suppliers, even though a corresponding covering transaction was made in good time, for which it is not responsible, the supplier has the right to withdraw from a contract with the customer in this respect. The customer will be informed of this immediately and any services received, in particular payments, will be refunded.

Warranty

Consumers are entitled to a statutory warranty for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If there are any deviations from this, the warranty is governed by the provisions set out in the General Terms and Conditions (GTC). If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The provider is granted the right to choose between repair or replacement in the event of subsequent performance if the goods are new and the customer is an entrepreneur. This does not apply to claims for damages by the customer due to injury to life, limb, health, or essential contractual obligations that must be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages due to grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent. In all other respects, the statutory provisions apply.

Contract design

If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon handover, or in the case of shipment, upon delivery of the goods to the selected service provider. The customer has no possibility of directly accessing the stored contract text. The customer can correct errors in the input during the ordering process. To do this, they can proceed as follows: The ordering process can be canceled at any time by closing the browser. The data entered up to that point will be automatically deleted.

Right of withdrawal and customer service

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day,

• n the case of a sales contract: on which you or a third party named by you, who is not the carrier, took possession of the last goods.
• In the case of a contract for several goods that the consumer has ordered in a single order and that are delivered separately: on the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods.
• In the case of a contract for the delivery of goods in multiple partial shipments or pieces: on the day on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last piece.
• In the case of a contract for the regular delivery of goods over a specified period of time: on the day on which you or a third party designated by you, who is not the carrier, took possession of the first goods.

If several alternatives coincide, the last date shall be decisive.

To exercise your right of withdrawal, you must inform us (KAMBA GmbH, Franz-Gschrey-Str. 18, 77955 Ettenheim, Germany, email: info[at]kamba-antirutsch.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

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

Consequences of withdrawal

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

You must return the goods to KAMBA GmbH, Returns Department, Franz-Gschrey-Str. 18, 77955 Ettenheim, Germany, immediately and in any case no later than fourteen days from the date 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 fourteen-day period.

You bear the direct costs of returning the goods.

You only have to pay 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 testing their condition, properties, and functionality.

End of the cancellation policy

You can reach our customer service at the following times:
Mon-Fri 9:00 a.m. – 12:00 p.m. and 2:00 p.m. – 5:00 p.m.
Phone: +49 (0) 7822 – 7800 470

Disclaimer

Claims for damages by the customer are excluded, unless otherwise specified in the following reasons. This also applies to the representative and vicarious agents of the provider if the customer asserts claims for damages against them. Excluded from this are claims for damages by the customer due to injury to life, limb, health, or essential contractual obligations that must be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages due to grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agents.

Prohibition of assignment and pledging

Claims or rights of the customer against the provider may not be assigned or pledged without the provider's consent, unless the customer has proven a legitimate interest in the assignment or pledging.

Language, place of jurisdiction, and applicable law

The contract is written in German. The further execution of the contractual relationship shall be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this shall only apply insofar as it does not restrict any statutory provisions of the state in which the customer has his place of residence or habitual abode. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.

Severability clause

The invalidity of any provision of these General Terms and Conditions shall not affect the validity of the remaining provisions