§ 1 Area of Application
Our general terms and conditions of trade set out below apply to all legal transactions between Fritz Rudolf Künker GmbH & Co. KG and the customer. Customer’s conditions of purchase differing from our terms are hereby expressly opposed, including in cases where the customer requires a special form of opposition. If opposition is excluded, the provisions of law shall take the place of opposing conditions. Differing conditions of purchase shall only be recognized if their application is confirmed by us in writing.
§ 2 Conclusion of Contract
Your order is an offer to conclude a contract of sale with us. Our acceptance of your offer materializes a legally valid contract of sale. Acceptance is denoted by our written acknowledgment or by sending the goods ordered to you.
§ 3 Delivery Expenses
We will bear most of the expenses of suitably packaging and duly delivering the goods. We will take out sufficient insurance to cover the shipping risk.
§ 4 Delivery and Delivery Period
Agreed delivery periods commence on the date of acceptance of the order.
We are in default only if the promised delivery period is exceeded by more than four weeks.
If a particular item is unavailable we will send you an item of equivalent quality and price (alternative item) if you so request at the time of ordering.
Reservation: if our supplier fails to deliver the goods ordered to us despite a contractual obligation, we are entitled to withdraw from the contract. In this case the customer will be notified without delay that the product ordered is not available. Any purchase price already paid will be refunded without delay.
§ 5 Cancellation
The customer has an unrestricted right to return goods within two weeks of receipt. By returning goods the customer cancels the contract of sale. Please refer to the return advice at the end of these terms and conditions for further details.
§ 6 Payment
Unless otherwise agreed we always deliver against cash in advance. Payment is due immediately upon acknowledgment (acceptance) of the order (offer) by us.
Our bank account details are shown below:
| Bank Accounts |
 |
| DEUTSCHE BANK OSNABRÜCK |
Sort code 265 700 90, account no. 0 177 006 |
| DRESDNER BANK OSNABRÜCK |
Sort code 265 800 70, account no. 780 520 200 |
| SPARKASSE OSNABRÜCK |
Sort code 265 501 05, account no. 247 320 |
VOLKSBANK E.G.
BAD LAER - BORGLOH - HILTER - MELLE |
Sort code 265 624 90, account no. 1200 222 400 |
| BANKHAUS LAMPE KG BIELEFELD |
Sort code 480 201 51, account no. 174 076 |
| POSTAL CHEQUE ACCOUNT HANNOVER |
Sort code 250 100 30, account no. 2900 60 – 308 |
| CREDIT SUISSE |
Account no. 135 494 - 42 | |
| Payments from outside Germany |
|
| Deutsche Bank Osnabrück |
IBAN: DE 11 2657 0090 0017 7006 00 |
| |
SWIFT-CODE: DEUTDE3B265 |
| Sparkasse Osnabrück |
IBAN: DE 50 2655 0105 0000 2473 20 |
| |
SWIFT-CODE: NOLADE22XXX |
| Postgirokonto Hannover |
IBAN: DE 73 2501 0030 0290 0603 08 |
| |
SWIFT-CODE: PBNKDEFF | |
| Payment by credit card |
|
We accept payment by VISA and MASTERCARD. Please contact us for details of handling charges. |
|
§ 7 Retention of Title
Goods supplied remain our property until paid for in full.
§ 8 Liability for Defects
If items supplied have obvious defects, including damage in transit, please notify us immediately. Failure to notify us does not affect your statutory rights, however.
In some cases different items exist and therefore we cannot always deliver the item illustrated. Delivery of an equivalent item not illustrated shall not be deemed a defect.
If an item supplied by us is defective the customer shall have the statutory warranty rights.
§ 9 Data Protection
All personal details are always treated as confidential and are not passed on to third parties.
§ 10 Law Applicable
German law shall apply, excluding the UN convention on the international sale of goods.
§ 11 Return Advice
Return privilege: you may return the goods within two weeks without stating the reasons by sending the goods back to us. This period commences only at receipt of the goods and this advice. In the case only of goods that cannot be sent by parcel post, such as bulky items, you may send us a written request to take back the goods, e.g. by letter, fax or e-mail. Due dispatch of the goods or of the take-back request shall suffice for observance of the time limit. The returned goods or the request to take back goods should be sent to:
Fritz Rudolf Künker GmbH & Co. KG
Gutenbergstrasse 23
49076 Osnabrück
Tel: + 49 541 96 20 20
Tel: 0800 583 6537 freephone/toll-free
Fax: + 49 541 96 20 222
E-mail: service@kuenker.de
Consequences of return: in the case of a valid return the performances received by each party shall be restored and any benefits obtained (e.g. use and enjoyment) shall be surrendered. If the goods have deteriorated, compensation for their value can be demanded. This does not apply if the deterioration of the goods is attributable solely to examining them as would be normal for example in a retail store. Otherwise you can avoid the obligation to compensate for the value by not starting to use the goods as an owner and by doing nothing to impair their value.
Financed business: if you have taken out a loan to finance this contract and you avail yourself of your return privilege, you are then released from the loan contract if the two contracts form an economic whole. This will be accepted in particular if we are also the lender or if your lender used us in connection with the financing. If the loan has already accrued to us before cancellation or return becomes effective, you may take recourse against us and against the lender for the transaction to be reversed.
End of return advice
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