General terms and conditions

1. Scope

The following General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and traders.

"Consumer" means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
"trader" means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

For traders the following applies: If the trader uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.

2. Contractual partner, formation of contract, correction facilities

The contract is concluded with KKT KOLBE Küchentechnik GmbH & Co. KG.

The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the products contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

3. Contract language, saving of the contract text

The language(s) available for concluding the contract: German, English

We save the text of the contract and forward the order data and our General Terms to you by e-mail. The text of the contract cannot be accessed via the internet for security reasons.

4. Subject of contract

4.1 Product description

Reference is made to the validity of the respective product description as an integral part of the contract.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. Please contact us if you have any uncertainties:

Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actual product colours are possible.

5. Delivery conditions

5.1 Delivery area

We deliver within UK. We do not deliver to : Island delivery by prior arrangement only..

5.2 Delivery options

We ship the products to the delivery address specified in the order process.

You are entitled to collect your order from KKT KOLBE Küchentechnik GmbH & Co. KG, Ohmstraße 17, 96175 Pettstadt, Germany during the following hours of business: Monday to Friday from 8:30 am to 12:00 pm except on public holidays. Please inform us at least two working days before your collection so that we can make the goods available from our warehouse. You can also pay here by EC card and PIN.

5.3 Delivery by forwarding agent

Making an appointment

In the case of delivery by a forwarding agent, the forwarding company commissioned by us will contact you to arrange a delivery date.

Place of delivery

Delivery of the goods shall be limited to the transport and unloading of the goods to the first public kerb at the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods, unless expressly agreed otherwise.

6. Payment

6.1 Due date and default of payment

The price is due upon conclusion of the contract, unless a later date is specified in the following terms of payment.

The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of GBP 1.50 per reminder for the second and each subsequent reminder. You reserve the right to prove that the damage incurred is lower. Further claims remain unaffected by this.

The following applies to traders: In the event of late payment, we reserve the right to charge you statutory interest on arrears at a rate of nine percentage points above the base interest rate and a lump sum of GBP 40. Further claims remain unaffected by this.

6.2 Payment methods

The following payment methods are basically available in our online shop.

Payment in advance
If you select payment in advance we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds

PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider 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, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process.

PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment via PayPal does not require registration with PayPal. You will find further information within the respective payment option and in the ordering process.

PayPal, PayPal Express
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after placing the order.

Invoice payment via PayPal
Precondition for the invoice payment via PayPal is an address and credit check, the payment is made directly to PayPal.

Invoice payment via PayPal and Ratepay
Precondition for the invoice payment via PayPal is an address and credit check, the payment is made directly to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin („Ratepay“).

Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed within one banking day after the order is placed. A banking day is any working day except Saturdays, national public holidays and 24th and 31st December each year. You will receive further information in the ordering process.

Cash payment on collection
You may pay the invoice amount in cash on collection.

7. Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Traders are not granted any voluntary right to cancel.

8. Retention of title

The products shall remain our property until full payment is made.
For traders, the following applies additionally: We reserve ownership of the products until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.

9. Damage during delivery

For consumers the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

Applicable to traders: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment.

10. Data backup

You are responsible for the proper and regular backup of your data. We are not liable for damages resulting from the loss of data if you could have avoided the data loss by regularly and completely backing up your data.

The above limitation does 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 the event of intentional or grossly negligent breach of duty and fraudulent intent
in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the scope of a guarantee promise, if agreed, or
within the scope of application of the Product Liability Act (Produkthaftungsgesetz) is opened.

11. Warranty and guarantees

11.1 Liability for defects

We are under a legal duty to supply products that are in conformity with this contract. Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply.

Restrictions in relation to tradres and merchants ("Kaufleute")

The below mentioned limitations and reductions of time periods shall 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 a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the scope of a voluntary guarantee, if agreed, or
within the scope of application of the Produkthaftungsgesetz (the Product Liability Act).

In relation to traders, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For traders, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.

Note to merchants ("Kaufleute" in accordance with HGB - German Commercial Code)

Among merchants ("Kaufleute"), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

11.2 Voluntary guarantees and customer service

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

Customer service: You can reach our customer service for questions, complaints and claims on weekdays from 08.30 to 12.00 and 13.30 to 16.00 by e-mail at info@kolbe.de or direct chat.

12. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberately or grossly negligent breach of duty
• for guarantee commitments, where agreed
• insofar as the scope of application of the Consumer Rights Act 2015 is open
• in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.

For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.
Ceteris paribus, claims for compensation for damages are excluded.

13. Online dispute resolution

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute settlement proceedings before a dispute resolution body.

14. Final provisions

If you are a trader, German law applies, to the exclusion of the UN Sales Convention.

If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.

Should individual clauses of these GTC be wholly or partially unenforceable, the remainder of the contract shall remain valid. If individual clauses are invalid or unenforceable, the content of the contract shall be governed by the statutory provisions.

AGB erstellt mit dem Trusted Shops Rechtstexter

13. turnover tax photovoltaics

For Germany:

The contractual partner of KKT Kolbe Küchentechnik GmbH & Co. KG confirms with the conclusion of this contract that the information provided by him is correct. This applies in particular to the question of whether the requirements of § 12 (3) UStG apply to services in connection with photovoltaic systems or corresponding accessories.

If the information provided by the contractual partner with regard to § 12 Para. 3 UStG is incorrect, KKT Kolbe Küchentechnik GmbH & Co. KG may invoice the VAT incurred separately.

For Austria:

"Purchase of photovoltaic systems in connection with the reduced tax rate pursuant to
§ Section 28 (62) UStG 1994
From 1 January 2024 until 31 December 2025, the purchase of photovoltaic systems will be subject to
a reduced tax rate of 0% in accordance with Section 28 (62) UStG 1994. With the purchase of the
exempt product, the customer confirms that all conditions for the application of the zero
for the application of the zero tax rate pursuant to Section 28 (62) UStG 1994 are fulfilled.
If the buyer does not fulfil the necessary conditions for the application of the zero rate in accordance with § 28 para. 62 UstG
1994, the statutory standard tax rate shall apply. The Buyer
shall hold the Seller harmless with regard to all claims arising from incorrect information
regarding the conditions for the reduced tax rate of 0% pursuant to § 28 para. 62 UStG 1994.
UStG 1994 should be raised against it."