General Terms and Conditions

The General Terms and Conditions of Kienzle Automotive GmbH apply.

Below you will find the General Terms and Conditions hereinafter referred to as “GTC Internet” of:

KIENZLE Automotive GmbH
Willstätterstraße 8
40549 Düsseldorf

The following GTC "Internet" also contain legal information regarding the rights of the customer according to the regulations on distance contracts and electronic commerce.

1. General Provisions and Scope

1.1. KIENZLE Automotive GmbH (hereinafter referred to as "KIENZLE" or "Seller") offers new items for purchase to its customers through its own online shop at the URL www.Kienzle-portal.de (hereinafter referred to as “Website”).

1.2. The present GTC Internet apply to all contracts concluded between KIENZLE and the customer via the provisions of Art. 1.1. They take precedence over the General Terms and Conditions (hereinafter referred to as “GTC”) of Kienzle Automotive GmbH.

1.3. Customers in the sense of the present GTC are both consumers and entrepreneurs.

1.3.1. A consumer is to be understood as any natural person with whom a business relationship is established and who predominantly acts for purposes that cannot be attributed to either their commercial or independent professional activity.

1.3.2. An entrepreneur in the sense of these GTC Internet is any natural or legal person or partnership with legal capacity with whom a business relationship is established and who acts in the exercise of a commercial or independent professional activity.

2. Conclusion of the Contract in the Online Shop

2.1. The contract is concluded under the conditions specified in Articles (hereinafter referred to as “Art.”) 2.2 to 2.6 of this provision.

2.2. The products and services listed within the online shop do not constitute binding offers from KIENZLE; rather, they represent an invitation to the customer to submit a binding offer by placing an order.

2.3. The customer can select from the products and services listed in the online shop and collect them in a so-called shopping cart by clicking the button “Add to cart.” By clicking the button “Order with obligation to pay,” the order is sent from the “virtual shopping cart.” In doing so, the customer submits a binding order (hereinafter referred to as “Offer”) for the purchase of the products and services contained in the shopping cart. KIENZLE will confirm the receipt of this order immediately by e-mail (hereinafter referred to as “Order Confirmation”). This Order Confirmation will list the customer’s order again. The Order Confirmation merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the offer. The contract is only concluded through the submission of the acceptance declaration by KIENZLE, which is sent with a separate e-mail (hereinafter referred to as “Order Confirmation”).

2.4. The fulfillment of the contract by KIENZLE is subject to the condition that there are no obstacles to fulfillment due to national or international regulations of foreign trade law as well as no embargoes (and/or other sanctions) are opposed.

2.5. The General Terms and Conditions can be viewed at any time on the website. The order data and the GTC will be sent to the customer with the Order Confirmation.

3. Compliance of the Customer

The customer confirms that the products purchased with this contract or order may be subject to export control obligations or economic sanctions under the laws of the Federal Republic of Germany, the United States, the European Community, or other countries. The customer is responsible for ensuring that they comply with the laws of these countries or alliances. They undertake not to export/re-export the products, nor to transfer or grant access to controlled technology without having previously obtained all necessary permits and licenses.

4. Right of Withdrawal when Purchasing Goods

Withdrawal Instruction / 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 on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us:

KIENZLE Automotive GmbH
Alexanderstraße 37-39
45472 Mülheim/Ruhr
Germany
Fax: +49 208 495 05 353
E-Mail: shop@kienzle.de

by means of a clear declaration (e.g. a letter sent by post, fax, or e-mail) about your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, but it is not mandatory. You can also fill out and submit the sample withdrawal form or another clear declaration electronically on our website www.kienzle.de. If you make use of this option, we will promptly (e.g. by e-mail) send you a confirmation of receipt of such withdrawal.
To meet the withdrawal deadline, it is sufficient for you to send the notification regarding the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged any fees for this refund.
We may withhold the 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 immediately and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract to:

KIENZLE Automotive GmbH
Alexanderstraße 37 – 39
45472 Mülheim/Ruhr
Germany

to be sent back or handed over. The deadline is met if you send the goods before the period of fourteen days has expired.
You will only be liable for any diminished value of the goods if this diminished value is due to handling of the goods that was not necessary for checking their nature, characteristics, and functioning.

Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back) to:

KIENZLE Automotive GmbH
Alexanderstraße 37-39
45472 Mülheim/Ruhr
Germany
Fax: +49 208 495 05 353
E-Mail: shop@kienzle.de

Hereby I/we (*) withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)

Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
Date

(*) Cross out what does not apply

5. Right of Withdrawal when Using Services and Purchasing Digital Content

Withdrawal Instruction / 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 of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us:

KIENZLE Automotive GmbH
Alexanderstraße 37-39
45472 Mülheim/Ruhr
Germany
Fax: +49 208 495 05 353
E-Mail: shop@kienzle.de

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged any fees for this refund.
If you requested that the services should begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point at which you inform us of the exercise of the right of withdrawal regarding this contract compared to the total scope of the services provided for in the contract.

Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back) to:

KIENZLE Automotive GmbH
Alexanderstraße 37-39
45472 Mülheim/Ruhr
Germany
Fax: +49 208 495 05 353
E-Mail: shop@kienzle.de

Hereby I/we (*) withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)

Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
Date

(*) Cross out what does not apply

6. Expiration of the Right of Withdrawal for Paid Content Contracts

6.1. A Paid Content Contract is a contract for the delivery of data not contained on a physical data carrier, which are produced and provided in digital form (hereinafter referred to as “digital content”), e.g. download of: software, computer programs, applications (apps), games, music, videos, or texts (hereinafter referred to as “Paid Content Contract”).

6.2 The right of withdrawal expires in the case of a Paid Content Contract when KIENZLE has begun to execute the contract. However, a prerequisite for the expiration of the right of withdrawal is that the customer has given their express consent to the execution of the contract and at the same time confirms their knowledge that they lose their right of withdrawal with the commencement of the execution of the contract.

6.3. In the case of the delivery of digital content, the customer must therefore expressly agree when sending their order from the shopping cart that they agree to the execution of the contract. In addition, the customer must simultaneously confirm that they have taken note that they lose their right of withdrawal with the commencement of the execution of the contract.

6.4. In the order confirmation by e-mail, with which the binding offer of the customer is accepted, the consent and acknowledgment of the customer mentioned in Art. 6.3 is also recorded again.

7. Retention of Title

In contracts with consumers, KIENZLE retains ownership of the sold items until full payment of the purchase price; in contracts with entrepreneurs, KIENZLE retains ownership of the goods until full settlement of all claims arising from an ongoing business relationship (hereinafter referred to as “Reserved Goods”).

8. Prices and Payment Terms

8.1. All prices in the online shop are exclusive of the respective legally valid value-added tax from the central warehouse of KIENZLE. Costs for transport, packaging, and/or insurance are borne by the customer. These costs are calculated separately:
Value-added tax-free delivery to Austria (for customers with a valid VAT identification number) and to Switzerland.

8.2. Payments are made either by credit card, cash on delivery, or in advance. For cash on delivery, there is an additional charge of 8.30 euros. For deliveries to Austria and Switzerland, delivery by cash on delivery is not possible.

8.3. The purchase price is due in full upon delivery. The customer is also in default of payment of the purchase price without a reminder 30 days after the due date.

8.4. With the update of the internet pages, all previous prices and other information about goods become invalid. The version of the internet pages valid at the time of the order is decisive.

9. Delivery, Delivery Times, Shipping Costs

9.1. Delivery is made by dispatch from stock to the address provided by the customer.

9.2. The delivery period is non-binding. It is generally four working days.

9.3. The risk of having to pay the purchase price despite loss or damage to the goods passes to the customer as soon as the delivery has left the warehouse of KIENZLE. This also applies if partial deliveries are made. If the customer is a consumer, the risk only passes upon arrival of the goods at the customer. The dispatch or handover is equivalent if the customer is in default of acceptance.

9.4. KIENZLE reserves the right to correct and timely self-supply in all cases. The self-supply reservation applies on the condition that KIENZLE has concluded a corresponding covering transaction in good time and/or is not responsible for the delayed delivery by its supplier. In these cases, KIENZLE is entitled to withdraw from the contract in whole or in part. KIENZLE will inform the customer