KruseNet

KrusE-Net: General Terms and Conditions

 

Karl Kruse GmbH & Co. KG, Bruchweg 109, 41564 Kaarst (hereinafter "KrusE-Net") offers online trading with electronic components for registered members via the KrusE-Net portal. Hereby, KrusE-Net acts as Buyer as well as Seller of goods.

To avoid any potential problems during online trading standard regulations must be observed which are stipulated in the following.

I. Subject Matter of Agreement

KrusE-Net sells and supplies the products it offers. Moreover, KrusE-Net also accepts offers for sale.

Should KrusE-Net at any later point in time discover that an error, for example regarding the information of a product, or price or availability has occurred, KrusE-Net will immediately inform the customer of this. The customer can then acknowledge this agreement under the amended terms. If not, KrusE-Net is entitled to rescission of contract.

II. Contract Parties

Contract parties are restricted to registered users. Registration is effected online. Upon successful registration the user will be issued with a user name and password. There is no legal claim to membership. The user undertakes that his stipulations are correct and that he will amend any changes in his user profile accordingly, in particular of his address or of the delivery address. KrusE-Net can not be held liable for any damage resulting from forwarding incorrect user information.

III. Contract for Buyer

The contract is concluded upon acceptance of the order of the customer. The customer waives receipt of a statement of acceptance, 151 line 1 BGB (German Civil Code). The customer will be informed of the concluded contract within two weeks either from KrusE-Net by confirmation of order or through the performance of the delivery of the ordered goods.

IV. Right to Revocation

If the order by a customer is subject to a statutory right of revocation the order and its acceptance on behalf of KrusE-Net initially presents a provisionally invalid transaction. For this reason, the customer is entitled to return the goods within 14 days upon arrival of the goods at the customer without providing any reason. It is sufficient if the goods are returned by the final day of the time limit to the postal services or are sent to a forwarder. The return delivery is at the risk and cost of KrusE-Net, unless the order value of the supplied goods does not exceed EUR 40.-- / DM 78.--. In the latter case the costs for returning the goods must be borne by the customer unless the customer received incorrect or defective items.

If the goods can not be returned as a parcel due to their weight or due to bulky dimensions it is sufficient if the customer forwards a request for return within the 14 days upon receipt of the goods.

Alternatively, the customer is entitled, also within a time limit of 14 days following receipt of the goods, to forward a written statement of revocation to KrusE-Net which does not require any reason. In this case, too, the customer is obliged to return and possibly to bear the dispatch costs as described previously in paragraphs 1 and 2 of this item.

The above right to revocation does not apply if the goods are no longer sealed or packed.

Delivery address: Karl KrusE-Net GmbH & Co. KG, Bruchweg 109, 41564 Kaarst.

V. Prices and Terms of Payment

Any offers by KrusE-Net are subject to change without notice and the correct and timely in-house receipt. All prices are subject to change without notice.

Invoices are immediately payable without any deduction. COD deliveries are also payable without any deduction.

VI. Reservation of Title

KrusE-Net reserves the title to all goods which it delivered to any one customer until final and complete settlement of the supplied commodities. To the extent that KrusE-Net exchanges a good within the framework of a warranty arrangement it is herewith agreed that the title to the good to be exchanged will mutually change at that moment from the customer to KrusE-Net or vice versa, where on the one hand the customer returns to KrusE-Net the goods it holds and on the other hand the customer receives the substitute delivery from KrusE-Net.

VII. Obligations of Buyer

The buyer must check the goods immediately upon arrival of the delivery as to being complete and for any potential defects in order to immediately indicate any possible defects. For hidden defects the report is to be generated immediately upon determination of the hidden defect within the period of warranty.

KrusE-Net is entitled to retouch any justifiably claimed goods up to two times or to effect a substitute delivery twice. If such retouching fails or if the substitute delivery is defective then the buyer may rescind the contract or demand an appropriate reduction of the purchase price. The same applies if the buyer is not able to provide retouch work or a substitute delivery. To the extent that there was a defect the customer will be reimbursed his dispatch costs.

VIII. Obligations of Seller

Members who address offers for sale to KrusE-Net shall undertake to observe the following guarantees:

  1. The stock supplied is owned by the Seller or the Seller is exclusively entitled to it or the goods are stored in his warehouse and all product information supplied in the offer form are applicable and correct.
  2. All products are new, in their original packaging and unused. Deviations from this must be marked in the offer form.
  3. The products on offer must be ready for dispatch within 24 hours upon receipt of the order and comply to the specifications of the manufacturer.

IX. Delivery

The goods are delivered at the expense and risk of the customer within 24 hours ex Kaarst warehouse or from any other foreign warehouse.

If the initial credit review of the customer has not been completed or if at the discretion of the Buyer there are doubts about the solvency of the customer KrusE-Net is entitled to perform future deliveries against COD payment or advance payment. If the customer does not settle a COD delivery then KrusE-Net, irrespective of any other rights, can sell the goods elsewhere and invoice to the customer the difference between the purchase price agreed on with him and the actually reached price.

X. Exporting

The supplied goods are subject to German and American exporting controls and embargo regulations. The customer undertakes to observe that re-exporting these goods is subject to the provisions of the foreign trade provisions of the Federal Republic of Germany or possibly of the delivering country or the country of origin of the product and accordingly may be subject to approval. It is for the customer to obtain information on the decisive foreign trade law applicable in the individual case and if necessary to apply for and obtain the required permits himself.

XI. Place of Fulfilment

Unless otherwise agreed the place of fulfilment for buying from and selling to KrusE-Net is its domicile.

XII. Law and Jurisdiction

German law applies to the legal rapport between KrusE-Net and the customer as well as to the terms of business. Application of the UN Sales Convention on Contracts for the International Sale of Goods of April 11, 1988 is exempt.

The courts of Kaarst shall have exclusive jurisdiction, or any other courts that KrusE-Net may decide on, provided the customer is a merchant as per German Commercial Code or a corporate body under public law.

XIII. Final Provisions

Should individual provisions of this contract be fully or partially invalid or should they lose their validity at a later point in time then this does not affect the remainder of this agreement. In this case the parties agree that instead of such invalid regulation a valid regulation which, to the extent that it is feasible, is closest to the economic purpose the parties expressed in this agreement. The same applies if the contract holds a gap which neither party intended.