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Terms

1. General terms and conditions vis-à-vis consumers (B2C)

§ 1 Scope

(1) The present terms and conditions contain the terms exclusively applicable between you and us, company AGK Kronawitter GmbH, Industriegelände 2, D-94522 Wallersdorf, AG [local court] Landshut HRB [commercial register] 1128, represented by Günther Kronawitter (click: Site Notice), unless they are changed by written agreement between the parties.

(2) Changes of these terms and conditions will be notified to you in writing, by fax or by e-mail. If you do not object to this change within four weeks after receipt of the notice, the changes shall be deemed accepted by you. The right of revocation and the legal consequences of remaining silent will be pointed out to you separately in case of a change of the terms and conditions.

§ 2 Registration as user
(1) Your registration in our trading system is free of charge. There is no claim for admission to our trading system. Only persons of unlimited legal capacity are entitled to participate. You have to send us a copy of your personal ID card upon request. For being admitted, you complete the electronic application form on our website and send it to us. The data required for the application are to be provided by you completely and correctly. Upon registration, you choose a personal user name and password. The user name must neither infringe rights of third parties, violate other name and trademark rights nor violate public morals. You are obliged to keep the password a secret and not to notify it to third parties in any event.

(2) Apart from the declaration of your consent with the application of these general terms and conditions, your registration does not entail any obligations. You may delete your entry at any time in „My Account". The registration with us alone does not constitute any purchase obligation regarding the goods offered by us.

(3) In case of changes of your personal data, you are responsible for updating them. All changes can be made online under „My Account" after logging on.

§ 3 Data protection
(1) We will collect, process and store all personal data communicated by you (salutatory address, name, address, date of birth, e-mail address, phone number, fax number, bank details, credit card number) exclusively pursuant to the provisions of the German data protection law.

(2) To the extent that your personal data are required for establishing, the content structure or change of the contractual relationship (inventory data) will exclusively be used for transacting the purchase contracts concluded between us, for example for sending goods to the address stated by you. Any use of your inventory data in excess thereof for advertising or market research purposes or for tailoring our offers to suit the market need, requires your express consent. You have the opportunity to grant such consent prior to submitting your purchase order. This declaration of consent is given completely voluntarily and can be retrieved from our website and revoked by you at any time.

(3) Your personal data required for facilitating the usage and settlement of our offers (utilisation data) will at first also be used exclusively for execution the purchase contracts concluded between us. Such utilisation data are in particular the characteristics to identify you as user, information about start and end as well as the scope of the respective utilisation and information about the telemedia used by you as user. In addition, we will use such utilisation data for the purposes of advertising, market research or for tailoring our telemedia to suit the market needs for preparing utilisation profiles using pseudonyms. You are entitled and have the opportunity to object to the use of your utilisation data under "My Account". Under no circumstances will the utilisation profiles be linked to the corresponding data.

(4) If you request further information or if you wish to retrieve or revoke your expressly granted consent to use your inventory data and/or to object to the use of your utilisation data, you may also contact our phone support by e-mail to info@agk-kronawitter.deor by phone under +49 (0) 9933 953 9480.

§4 Conclusion of the contract
The presentation of our goods does not constitute a binding offer on our part. A binding offer pursuant to § 145 BGB is only constituted by your order of goods. If we accept this offer, we will send an order confirmation by e-mail.

§ 5 Terms of payment
The purchase price is due with order. 100% prepayment.

§ 6 Reservation of ownership
The goods shall remain our property until the complete payment. If you are in default in payment of more than 10 days, we shall be entitled to rescind the contract and to claim back the goods.

§ 7 Terms of delivery
(1) We deliver the goods pursuant to the agreements made with you. Any shipping costs occurring are stated in the respective product description and are shown separately by us on the invoice. Where required, the delivery takes place after separate freight inquiry. The delivery then is effected ex works at your expenses. Dates and periods of delivery shall only be binding if confirmed in writing by us.

(2) To the extent that we do not deliver the goods or not in accordance with the contract, you have to set to us a period of grace for effecting delivery. Otherwise, you are not entitled to rescind the contract.

§ 8 Right of revocation
You have a right of revocation. With regard to the prerequisites and legal consequences of the right of revocation, reference is made to the attached instruction regarding the rights of revocation.

§ 9 Warranty

(1) To the extent that the goods delivered are defective, you are entitled within the framework of the statutory provisions to request subsequent performance, to rescind the contract or to reduce the purchase price.
(2) The period of limitation of warranty claims for the goods delivered amounts to two years after receipt of the goods.

§ 10 Limitation of liability
(1) We shall be liable for intention and gross negligence. Furthermore, we shall be liable for the negligent violation of duties of which the performance facilitates the execution of the contract in the first place, the violation of which endangers the achieving of the contractual purpose and in the compliance with which you, the customer, regularly trust. However, in the latter case we shall only be liable for the foreseeable damage typical for the contract. We shall not liable be for the slightly negligent violation of duties other than the ones stated in the sentences above.
The above exclusions of liability shall not apply in case of injury to life, body and health. The liability under the product liability law shall remain unaffected.

(2) According to the present state of technology, the data communication via the Internet cannot be warranted in fault-free manner and/or with availability at any time. Insofar, we shall not be liable for the permanent and uninterrupted availability of our online trading system.

§ 11 Final provisions
(1) Changes of, or supplements to these terms and conditions must be made in writing. This shall also apply to the waiver of this written form requirement.

(2) The laws of the Federal Republic of Germany excluding the UN Sales Convention shall apply. Mandatory provisions of the state where you have your usual abode shall remain unaffected.

(3) If you have no general place of jurisdiction in Germany or relocate your place of residence to another country after concluding the contract or if your place of residence is not generally known at the time of bringing the action, the seat of our company in D-94522 Wallersdorf shall be the place of jurisdiction for all disputes.

(4) If individual provisions of this contract are or become ineffective or conflict with the statutory regulations, the rest of the contract shall not be affected. The ineffective provision shall amicably be replaced by the contracting parties by such legally effective provision which is as close as possible to the economic meaning and purpose of the ineffective provision. The above regulation shall apply mutatis mutandis in case of gaps in the regulations.


Appendix


Consumer information and instruction regarding the right of revocation

For the case that you order goods from our homepage, we would like to point out the following:

(1) The language available for the conclusion of the contract is exclusively German.

(2) Please refer to the individual product descriptions within the framework of our online offer for the material characteristics of the goods offered by us as well as the period of validity of limited offers.

(3) The presentation of our goods shall not constitute a binding offer on our part. A binding offer pursuant to § 145 BGB shall only be constituted by your order of goods. If we accept this offer, we will send an order confirmation by e-mail. By doing so, the purchase contract between you and us is concluded.

(4) You can detect possible type errors when submitting your order during the final confirmation before the checkout and correct them using the deletion and change functionality at any time prior to sending the order.

(5) If the goods ordered by you are not available, we shall reserve the right not to render performance.

(6) The prices stated by us are end prices including taxes and shipping within the Federal Republic of Germany.

(7) The purchase price becomes due immediately after payment. The payment of the goods is effected at your choice by credit card (we use the transmission procedure "SSL" for encryption of your personal data) by means of bank transfer or by cheque. Our bank details are as follows: Sparkasse Niederbayern Mitte, bank code 742 500 00, account no. 70698, BIC:BYLADEM 1 SRG, IBAN: DE 6474 2500 0000 0007 0698. We participate in the PayPal procedure.
(8) You have a right of revocation:


INSTRUCTION REGARDING YOUR RIGHT OF REVOCATION


RIGHT OF REVOCATION
YOU MAY REVOKE YOUR CONTRACTUAL STATEMENT WITHIN TWO WEEKS WITHOUT STATING REASONS IN WRITING (E.G. LETTER, FAX, E-MAIL) OR BY RETURNING THE ITEM IF THE ITEM WAS LET TO YOU PRIOR TO EXPIRY OF REVOCATION PERIOD. THE REVOCATION PERIOD STARTS TO RUN AFTER RECEIPT OF THESE INSTRUCTIONS IN WRITING, BUT NOT PRIOR TO RECEIPT OF THE GOODS BY THE RECIPIENT (IN CASE OF RECURRING PERFORMANCE OF GOODS OF SIMILAR TYPE NOT PRIOR TO RECEIPT OF THE FIRST PARTIAL DELIVERY) AND NOT PRIOR TO FULFILMENT OF OUR DUTIES TO INFORM PURSUANT TO § 312 C PARA.2 BGB [GERMAN CIVIL CODE] IN CONJUNCTION WITH § 1 PARA. 1, 2 AND 4 BGB-INFOV [GERMAN CIVIL INFORMATION ORDINANCE] AS WELL AS OUR DUTIES PURSUANT TO § 312 E PARA. 1 SENTENCE 1 BGB IN CONJUNCTION WITH § 3 BGB-INFOV. THE TIMELY POSTING OF THE REVOCATION OR THE ITEM SHALL BE SUFFICIENT FOR ADHERING TO THE REVOCATION PERIOD. THE REVOCATION IS TO BE ADDRESSED TO:

GÜNTHER KRONAWITTER
AGK KRONAWITTER GMBH
INDUSTRIEGELÄNDE 2
D-94522 WALLERSDORF

CONSEQUENCE OF REVOCATION
IN CASE OF AN EFFECTIVE REVOCATION, THE MUTUALLY PERFORMANCES AND ANY POSSIBLE EMOLUMENTS TAKEN (E.G. INTERESTS) ARE TO BE RETURNED. IF YOU CANNOT RETURN THE PERFORMANCE RECEIVED COMPLETELY OR IN PARTS OR CAN RETURN IT ONLY IN A DETERIORATED CONDITION, YOU HAVE TO COMPENSATE US INSOFAR. THIS SHALL NOT APPLY IN CASE OF LETTING OF ITEMS IF THE DETERIORATION OF THE ITEM IS TO BE ATTRIBUTABLE EXCLUSIVELY TO ITS EXAMINATION AS IT WOULD HAVE BEEN POSSIBLE IN A SHOP, FOR EXAMPLE. IN ALL OTHER RESPECTS, YOU CAN AVOID THE DUTY TO COMPENSATE FOR A DETERIORATION OF THE ITEM CAUSED BY ITS INITIAL OPERATION AS INTENDED IF YOU DO NOT PUT IT INTO USE LIKE YOUR OWN PROPERTY AND REFRAIN FROM EVERYTHING WHICH MIGHT IMPAIR ITS VALUE. ANY ITEMS WHICH CAN BE SENT AS PARCELS ARE TO BE RETURNED AT OUR RISK. YOU HAVE TO BEAR THE COSTS OF THE RETURN CONSIGNMENT IF THE GOODS DELIVERED CORRESPOND TO THE GOODS ORDERED AND IF THE PRICE OF THE ITEM TO BE RETURNED DOES NOT EXCEED AN AMOUNT OF EUR 40.00 OR IF YOU HAVE NOT YET PAID THE CONSIDERATION OR A CONTRACTUALLY AGREED PARTIAL PAYMENT AT THE TIME OF REVOCATION IN CASE OF A HIGHER PRICE. OTHERWISE, THE RETURN CONSIGNMENT SHALL BE FREE OF CHARGE FOR YOU.
ITEMS WHICH CANNOT BE SENT AS PARCELS WILL BE COLLECTED AT YOUR PREMISES. OBLIGATIONS TO REFUND PAYMENTS HAVE TO BE MET WITHIN 30 DAYS. FOR YOU, THE PERIOD STARTS TO RUN BY SENDING YOUR DECLARATION OF REVOCATION OR THE ITEM, FOR US WITH ITS RECEIPT.

END OF THE INSTRUCTION REGARDING YOUR RIGHT OF REVOCATION


(9) The data required for executing the contract between you and us will be stored by us and can be accessed by you at any time. Insofar, we refer to the regulation regarding the data protection in our general terms and conditions.
(10) We are not subject to special codes of conduct not mentioned above.
(11) In all other respects, we refer to our general terms and conditions.

AGK Kronawitter GmbH, (HRB 1128 local court Landshut), Industriegelände 2 in D-94522 Wallersdorf, represented by the managing director Günther Kronawitter, VAT identification number DE 127818667.

General terms and conditions vis-à-vis companies (B2B)


§ 1 Scope

(1) The present terms and conditions contain the terms exclusively applicable between you and us, company AGK Kronawitter GmbH, Industriegelände 2, D-94522 Wallersdorf, AG [local court] Landshut HRB [commercial register] 1128, represented by the managing director Günther Kronawitter (click: Imprint), unless they are changed by written agreement between the parties. Differing or contrary conditions will not be accepted by us unless we consented to them expressly.
(2) Changes of these terms and conditions will be notified to you in writing, by fax or by e-mail. If you do not object to this change within four weeks after receipt of the notice, the changes shall be deemed accepted by you. The right of revocation and the legal consequences of remaining silent will be pointed out to you separately in case of a change of the terms and conditions.

§ 2 Registration as user
(1) Your registration in our trading system is free of charge. There is no claim for admission to our trading system. Only persons of unlimited legal capacity are entitled to participate. You have to send us a copy of your personal ID card upon request. For being admitted, you complete the electronic application form on our website and send it to us by e-mail. The data required for the application are to be provided by you completely and correctly. Upon registration, you choose a personal user name and password. The user name must neither infringe rights of third parties, violate other name and trademark rights nor violate public morals. You are obliged to keep the password a secret and not to notify it to third parties in any event.
(2) Apart from the declaration of your consent with the application of these general terms and conditions, your registration does not entail any obligations. You may delete your entry at any time in „My Account". The registration with us alone does not constitute any purchase obligation regarding the goods offered by us.
(3) In case of changes of your personal data, you are responsible for updating them. All changes can be made online under „My Account" after logging on.

§ 3 Data protection
(1) We will collect, process and store all personal data communicated by you (salutatory address, name, address, date of birth, e-mail address, phone number, fax number, bank details, credit card number) exclusively pursuant to the provisions of the German data protection law.

(2) To the extent that your personal data are required for establishment, the content structure or change of the contractual relationship (inventory data) will exclusively be used for transacting the purchase contracts concluded between us, for example for sending goods to the address stated by you. Any use of your inventory data in excess thereof for advertising or market research purposes or for tailoring our offers to suit the market need requires your express consent. You have the opportunity to grant such consent prior to submitting your purchase order. This declaration of consent is given completely voluntarily and can be retrieved from our website and revoked by you at any time.

(3) Your personal data required for facilitating the usage and settlement of our offers (utilisation data) will at first also be used exclusively for execution the purchase contracts concluded between us. Such utilisation data are in particular the characteristics to identify you as user, information about start and end as well as the scope of the respective utilisation and information about the telemedia used by you as user. In addition, we will use such utilisation data for the purposes of advertising, market research or for tailoring our telemedia to suit the market needs for preparing utilisation profiles using pseudonyms. You are entitled and have the opportunity to object to the use of your utilisation data under "My Account". Under no circumstances will the utilisation profiles be linked to the corresponding data.

(4) If you request further information or if you wish to retrieve or revoke your expressly granted consent to use your inventory data and/or to object to the use of your utilisation data, you may also contact our phone support by e-mail to info@agk-kronawitter.deor by phone under +49 (0) 9933 95394809480.

§4 Conclusion of the contract
The presentation of our goods does not constitute a binding offer on our part. A binding offer pursuant to § 145 BGB shall only be constituted by your order of goods. If we accept this offer, we will send an order confirmation by e-mail.

§ 5 Terms of payment
The purchase price becomes due immediately after payment. The payment of the goods takes place by credit card (we use the transmission procedure "SSL" for encryption of your personal data). Payment can also be effected via PayPal.

§ 6 Reservation of ownership
(1) The goods shall remain our property until the complete payment. If you are in default in payment of more than 10 days, we shall be entitled to rescind the contract and to claim back the goods.
(2) You are entitled to resell the goods subject to reservation of ownership in the usual course of business. However, in this case, you already assign to us now all receivables under such resale amounting to the invoice sum of our receivable, irrespective of whether such resale takes place prior to or after a possible processing of the goods delivered subject to the reservation of ownership. Regardless of our authorisation to collect the receivable ourselves, you shall remain authorised to collect the receivable even after assignment. In this connection, we undertake not to collect the receivable as long as and to the extent that you meet your payment obligations, no petition for opening of bankruptcy or similar proceedings is filed and no discontinuation of payments is given. Insofar as the above-mentioned securities exceed the receivables to be secured by more than 10%, we shall be obliged to release securities at our choices upon your request.

§ 7 Terms of delivery
(1) We deliver the goods pursuant to the agreements made with you. Any shipping costs occurring are stated in the respective product description and are shown separately by us on the invoice. Where required, the delivery takes place after separate freight inquiry. The delivery then is effected ex works at your expenses. Dates and periods of delivery shall only be binding if confirmed in writing by us.
(2) To the extent that we do not deliver the goods or not in accordance with the contract, you have to set to us a period of grace for effecting delivery. Otherwise, you are not entitled to rescind the contract.

§ 8 Warranty
(1) To the extent that the goods delivered are defective, you are entitled within the framework of the statutory provisions to request subsequent performance in form or removal of defects or the delivery of an item free from defects. We are entitled to choose the type of the subsequent performance. If the subsequent performance fails, you shall be entitled to reduce the purchase price or to rescind the contract. A prerequisite for any warranty rights is that you properly meet all obligations to examine and notify defects owed pursuant to § 377 HGB [German Commercial Code].
(2) The period of limitation of warranty claims for the goods delivered amounts to twelve months after receipt of the goods, except in case of claims for damages.

§ 9 Limitation of liability
(1) We shall be liable for intention and gross negligence. Furthermore, we shall be liable for the negligent violation of duties of which the performance facilitates the execution of the contract in the first place, the violation of which endangers the achieving of the contractual purpose and in the compliance with which you, the customer, regularly trust. However, in the latter case we shall only be liable for the foreseeable damage typical for the contract. We shall not liable be for the slightly negligent violation of duties other than the ones stated in the sentences above.
The above exclusions of liability shall not apply in case of injury to life, body and health. The liability under the product liability law shall remain unaffected.
(2) According to the present state of technology, the data communication via the Internet cannot be warranted in fault-free manner and/or with availability at any time. Insofar, we shall not be liable for the permanent and uninterrupted availability of our online trading system.

§ 10 Final provisions
(1) Changes of, or supplements to these terms and conditions must be made in writing. This shall also apply to the waiver of this written form requirement.

(2) The laws of the Federal Republic of Germany excluding the UN Sales Convention shall apply.
(3) Place of performance and exclusive place of jurisdiction for all disputes under or in connection with this contract shall be 94522 Wallersdorf.
(4) If individual provisions of this contract are, or become ineffective or conflict with the statutory regulations, the rest of the contract shall not be affected. The ineffective provision shall amicably be replaced by the contracting parties by such legally effective provision which is as close as possible to the economic meaning and purpose of the ineffective provision. The above regulation shall apply mutatis mutandis in case of gaps in the regulations.