Karl Kruse GmbH & Co. KG, Schirmer Strasse 59,
40211 Düsseldorf (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
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, Schirmer Strasse 59,
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:
- 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
- All products are new, in their original packaging and unused.
Deviations from this must be marked in the offer form.
- The products on offer must be ready for dispatch within 24 hours
upon receipt of the order and comply to the specifications of
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.
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
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.