General Terms and Conditions
1. Validity of these Terms and Conditions
(1.) These General Terms and Conditions (hereinafter referred to as "T&C") apply to all deliveries and services provided by
SKK Küchen- und Gasgeräte GmbH
Nettetaler Strasse 172
41751 Viersen, Germany,
in the following referred to as SKK GmbH.
(2.) Special note is made to individual provisions that apply solely to consumers or business persons or companies, respectively.
a. In terms of § 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction that can neither be used for commercial business purposes or individually-owned business purposes.
b. In terms of § 14, paragraph 1 of the German Civil Code, a business person or company is a natural or legal person or partnership with legal capacity exercising commercial or independent business activities.
(3.) These T&C apply to business persons and companies, even for future deliveries and services. They take effect in particular vis-à-vis business persons and companies even if they were not reviewed prior to contract conclusion, yet the business person or company was aware of them or could have been aware of them based on previous business transactions with SKK GmbH.
(4.) Opposing T&C on the part of the customer, in particular General Purchasing Conditions or similar terms, are only applicable provided their applicability is expressly approved by SKK GmbH. The same applies in the event that deviations to individual provisions of these T&C are arranged.
2. Conclusion of the contract, prices, forwarding charges
(1.) All offers made by SKK GmbH are non-binding. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. Customers place a binding order for the products contained in their shopping carts after entering their customer information and clicking the "Confirm order" button. The receipt of the order is confirmed via email immediately on receipt of the order. This email contains a reminder of the right of cancellation period for consumers. A binding sales contract is concluded upon delivery confirmation by SKK GmbH or delivery of the goods.
(2.) All prices include the currently applicable VAT and any additional applicable shipping charges. The shipping charges depend on the quantity of goods ordered and the shipping method.
(3.) In case of price changes made with short notice, we reserve the right to adjust prices accordingly after consulting with the customer.
(4.) Should a consumer make use of his legal right to cancel the contract, this consumer is responsible for bearing the costs of return shipment of the goods provided the delivered goods correspond to the consumer's order and the price of the goods to be returned does not exceed €40.00.
3. Inspection of the contract
The wording of the contract is saved on storage media. You can view the general terms of business on this site at any time or save them to your computer. For safety reasons the actual order information cannot be seen via Internet.
4. Right of cancellation, information on the right of cancellation
You may cancel your order within 14 days without stating any reasons in writing (e.g. by letter, fax or email) or - if you receive your order before the end of this period - by returning the goods. The cancellation period begins upon receipt of this notification in writing, but not before the goods have been received (for repeat deliveries of identical goods, not before the first partial delivery is received) and not before we fulfil our obligations to provide information pursuant to article 246 § 2 in conjunction with § 1, paragraph 1 and 2 EGBGB (Introductory Act to the German Civil Code), as well as our obligations pursuant to § 312e paragraph 1, clause 1 BGB (German Civil Code) in conjunction with article 246 § 3 EGBGB. Punctual despatch of the statement of cancellation or of the goods for return shall suffice for compliance with the time limit for cancellation. The statement of cancellation must be addressed to:
SKK Küchen- und Gasgeräte GmbH
Nettetaler Str. 172-180
41751 Viersen, Germany
Fax +49 (0) 2153 / 5025
Email info@skk-guss.de
Returns must be addressed to:
SKK Küchen- und Gasgeräte GmbH
Nettetaler Str. 172-180
41751 Viersen, Germany
Cancellation consequences
In the case of a valid cancellation, both parties must return any deliveries received and release any benefits derived from them (e.g. interest). If you cannot return all or part of the delivery, or are only able to return the delivery in a deteriorated condition, you may be required to pay appropriate compensation. This does not apply if such deterioration of the goods has only been caused by its inspection as would have, for example, been possible in a retail store. You can avoid such liability for compensation by refraining from using the goods as if they were your own property and by refraining from any action that may diminish their value. Goods that can be sent by parcel post are to be returned at our risk. You must pay return postage costs if the goods delivered correspond to your order and if the purchase price of the goods to be returned does not exceed the amount of €40.00, or for goods exceeding this amount, if you have not provided payment or contractually agreed partial payment at the time of cancellation. Otherwise, return postage is free of charge. Goods that cannot be sent by parcel post will be picked up from your location. Obligations for payment must be met within 30 days of the despatch of your statement of cancellation or of the goods for return and for us, following receipt thereof.
End of right of cancellation
5. Delivery and performance deadlines
Delivery and performance deadlines stated by SKK GmbH are approximate unless they are expressly confirmed as binding.
6. Partial deliveries
SKK GmbH is entitled to make partial deliveries, as far as this is reasonably acceptable for the customer. Additional shipping costs only apply when expressly agreed to.
7. Special delivery and performance conditions in relation to business persons and companies
The place of fulfilment for business persons and companies is SKK GmbH´s place of business. The despatch of goods only takes place at the customer's request and at his expense; the transfer of risk takes place once the goods are handed over to the forwarder. Transport insurance is only concluded at the customer´s express request. Delivery times confirmed to companies are considered fulfilled with the timely availability of the goods at the place of performance. SKK GmbH is not responsible for punctual delivery by the forwarder. Incidents of force majeure that affect SKK GmbH or its suppliers will result in a reasonable extension of the agreed delivery times to the companies. In such an event, SKK GmbH will inform the customer of the expected length of the delay.
8. Warranty
The warranty is provided in accordance with legal regulations. Information about possible additional guarantees issued by the manufacturer can be obtained from the product documentation.
9. Companies' obligation to inspect and provide notification in case of defects
The goods must be inspected by the companies immediately after delivery to ensure that they are complete and free of defects in accordance with legal provisions. Deviations from the agreed quality of the goods must be reported immediately in writing. Otherwise, the goods are considered to have been approved.
10. Payment terms/offsetting
(1.) The following order payment options are available to customers:
a. Prepayment (all countries) Customers pay for their orders in advance via bank transfer to SKK GmbH's account. We will ship your order immediately once the funds are credited to our account.
Bank transfer information of the recipient: SKK Küchen- und Gasgeräte GmbH
Bank name: Commerzbank Viersen AG
Bank code: 31040015
Account number: 5953302
For bank transfers outside of Germany, but within the EU
BIC / IBAN: COEADEFF / DE 72310400150595330200
(Use the BIC/IBAN code for bank transfers outside of Germany, but within the EU. Then you will only be charged standard domestic rates.)
Always include your name and your order number in the reference field to ensure that your order is processed promptly. Please note that your order will not be shipped until we receive full payment of the order amount.
Please be sure to remit your payment in euros.
b. Via PayPal
Pay for your order using the PayPal online payment service. For more information about this payment service, visit www.paypal.de
c. Invoice
Pay for your order when you receive your invoice by post/bank transfer within 14 days without deductions. To safeguard our credit risk, this payment option is only available for orders up to €100.00 and reserved solely for regular customers of SKK GmbH.
d. Unfortunately, we do not accept payment in cash or by cheque. We exclude a liability for any loss.
e. If your payment is late, we reserve the right to bill you for late charges.
(2.) The customer is not permitted to offset claims against SKK; the customer may only offset payable invoice amounts in case of undisputed or legally binding counterclaims.
11. Right of retention
Delivered goods remain the property of SKK Küchen- und Gasgeräte GmbH until they are paid in full along with any incidental claims (e.g. interest, late charges, etc.). In case of infringements on the part of the ordering party, SKK GmbH is entitled to reclaim the delivered goods.
12. Privacy statement
(1.) Personal data
According to § 3 paragraph I of the German Federal Data Protection Act, personal data comprises individual details regarding personal or tangible relationships of a specific or specifiable natural person, i.e. information indicating your identity, such as your name, address, postal address, delivery address, telephone number and email address. We only use your order information to process your order. All customer data is retained and processed in accordance with the relevant regulations of the Federal Data Protection Law (BDSG) and the Telemedia Act (TMG).
You are entitled to receive information on the personal data stored here, and you have the right to correct, block and delete your saved data at any time. Please call us at (+49(0)2153/89103) or send your requests by post (SKK Küchen- und Gasgeräte GmbH, Nettetaler Strasse 172-180, 41751 Viersen, Germany) or fax them to us (+49(0)2153/5025).
We will not disclose your personal data including your home address to third parties without your express consent, which you may revoke at any time. Excepted from this are our service providers who require us to transfer this information in order to process your order and payment, (e.g. the forwarding agency hired to deliver your order and the credit institute in charge of processing your payment). Moreover, we reserve the right to obtain information from third parties regarding your payment practices in order to offer you certain payment options, if required.
However, in these cases the scope of the data transferred is restricted to an absolute minimum.
(2.) Anonymised data
Information on access to our server (date, time, pages viewed) may also be saved when you access our Web site. This data is not part of the personal data mentioned here; rather, it is anonymised. We only use this information for statistical purposes.
(3.) Use of cookies
Cookies may be used on certain pages, although it is not always possible for us to inform you of this. Most browsers are set to accept cookies automatically. However, you can deactivate this function or set your browser to inform you whenever a cookie is sent. The stored data is deleted again when you leave our Web site.
(4.) Information on the use of Google-Analytics
This Web site uses Google Analytics, a Web analysis service provided by Google Inc. ("Google"). Google Analytics uses a technology referred to as "cookies", i.e. text files that are saved to your computer and enable us to analyse how you use this Web site. The data generated by the cookie contains information on how you use this Web site (including your IP address) and is transmitted to one of Google’s servers in the USA where it is saved. Google uses this data to analyse how you use the Web site to put together reports about Web site activity for the Web site operator and to provide other services associated with using the Web site and the Internet. Google may also provide this data to third parties where it is legally mandated or where third parties have been contracted to process this data. However, Google will not use your IP address in combination with other data from Google. You may block the installation of cookies with the respective setting in your browser software; however, in this case you may not be able to use all of the features of this Web site. By using this Web site you consent to Google processing the data collected about you as described above and accept the use as mentioned above.
13. Customer service
If you have any questions concerning products, sizes, your order or in case of complaints, please contact our customer service team:
Phone: +49 (0) 2153 / 89103
Fax: +49 (0) 2153 / 5025
Email: info@skk-guss.de
14. Copyright
Our catalogues, pricelists and brochures are protected by copyright and may not be reproduced in whole or in part without our prior written consent.
15. Place of jurisdiction for companies
The place of jurisdiction for all claims arising from the business relationship with respect to business persons and legal entities under public law is the registered office of our company. This also applies to claims from cheques and tortious claims and third-party notices. We are, however, also entitled to take action against the business persons or legal entities under public law at their place of general jurisdiction. For cross-border services the registered office of our company shall be the exclusive legal venue for all disputes arising from the contractual relationship. We reserve the right, however, to take legal action against these companies at their general venue or to engage any other competent court.
16. Applicable law
For all business and legal relations between the customer and SKK, the law of the Federal Republic of Germany shall apply exclusively.
