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Warranty Policy

§ 1 Scope of Application

(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts between us, Karibu Holztechnik GmbH, Eduard-Suling-Straße 17, 28217 Bremen

and you as our customer. The T&Cs apply regardless of whether you are a consumer, entrepreneur or businessman.

(2) These GTC also apply to future business relationships with regard to entrepreneurs, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

(3) The version of the GTC valid at the time of conclusion of the contract shall be decisive.

 

§ 2 Conclusion of Contract

(1) The presentation and advertising of articles on our website and in our catalogues does not constitute a binding offer to conclude a purchase contract.

(2) Your order constitutes a binding offer. This offer is only accepted when we confirm your order in text form. With this confirmation, the purchase contract has been concluded.
If an offer is made by us in response to an individual request from you (e.g. by telephone or e-mail), your subsequent order constitutes a binding offer. This offer is only accepted when we confirm your order in text form. With this confirmation, the purchase contract has been concluded.

(3) When ordering in our online shop, the following applies: You can select items from our range and collect them in a so-called shopping cart by clicking on the "Add to cart" button. By submitting an order via the online shop by clicking on the "buy now" button, you are placing a legally binding order for the purchase of the goods in the shopping cart. Before submitting your order, you have the opportunity to check all your details and correct or change your order data by clicking on the "Update shopping cart" button. However, your order can only be placed and transmitted if you have accepted these terms and conditions by clicking on the "Accept GTC" button and have thereby included them in your binding offer to conclude a purchase contract with us. The confirmation of receipt of your order will be made together with the acceptance of the order immediately after submission by automated e-mail. With this e-mail confirmation, the purchase contract has been concluded.

(3) The language of the contract is German.

(4) We do not store the text of the contract.

 

§ 3 Right of revocation

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.

(2) In all other respects, the provisions shall apply to the right of withdrawal, which are reproduced in detail in the following


- Cancellation policy -

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving reasons.

The withdrawal period is:

- in the case of delivery of the goods/goods in a consignment/delivery, 14 days from the day on which you or a third party nominated by you who is not the carrier has taken possession of the goods.

- in the case of partial delivery (shipment/delivery of several goods in more than one shipment/delivery), 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.

- in the case of partial delivery (delivery of goods in more than one part or piece), 14 days from the day on which you or a third party named by you who is not the carrier took possession of the last partial shipment or piece.

To exercise your right of withdrawal, you must contact us

Karibu Holztechnik GmbH
Eduard-Suling-Straße 17
28217 Bremen


Phone: 0421 - 38 69 3-0
Fax: 0421 - 38 69 3-950
Email: info@karibu.de

inform you of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form attached to the cancellation policy under the "Cancellation Policy" tab, but this is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we receive the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than 14 days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the 14-day period.

We bear the direct costs of returning the goods. They only have to pay for any loss in value of the goods if this loss of value is due to handling of them that is not necessary to check the nature, characteristics and functioning of the goods.

- End of the cancellation policy-

(4) Unless the parties have agreed otherwise, the right of revocation does not apply to the following contracts:

(a) contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

(b) contracts for the supply of goods which may deteriorate rapidly or whose expiry date would quickly pass;

(c) contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;

(d) contracts for the supply of goods if they have been inseparably mixed with other goods after delivery due to their nature,

(e) contracts for the supply of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control,

(f) contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;

(g) contracts for the supply of newspapers, magazines or magazines, other than subscription contracts

(5) The goods are not prefabricated within the meaning of § 3 (4) (a) and the production of which is based on an individual selection or determination by the consumer or is clearly tailored to personal needs if they are individualised by your wishes in such a way that they are economically worthless for us in the event of their return, because we can only sell them elsewhere with considerable difficulty or at a discount. In the case of products that are individualized according to your wishes, this is especially the case if they cannot simply be disassembled into their individual parts and reassembled according to different customer specifications if they are taken back.

 

§ 4 Terms of Delivery, Reservation of Self-Supply, Force Majeure

(1) In the case of payment in advance, the period for delivery shall commence on the day after the payment order has been issued to the transferring bank, in the case of other forms of payment on the day after conclusion of the contract and shall end on the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall take the place of such a day.

(2) We are entitled to make partial deliveries insofar as this is reasonable for you.

(3) If we are unable to deliver for reasons for which we are not responsible, we are entitled to withdraw from the contract in whole or in part. This is especially true if we have not been supplied ourselves, even though we have placed congruent orders with reliable suppliers. In this case, we will inform you immediately and refund any consideration already provided.

(4) In cases of force majeure which entail unforeseeable consequences for the performance of the service, the contracting parties shall be released from their performance obligations for the duration of the disruption and to the extent of its effect. Force majeure is any event beyond the control of the respective contracting party that prevents it, in whole or in part, from fulfilling its obligations. These include, in particular, and not exclusively: labour disputes, riots, armed or terrorist conflicts, natural disasters, official orders and epidemics. This does not involve an automatic termination of the contract. The affected party shall promptly notify the other party of any such obstacle and shall adjust its contractual obligation in good faith to reflect the changed circumstances.

 

§ 5 Prices and Terms of Payment

(1) All prices on our website and/or in our product catalogues are net prices exclusive of statutory VAT and are not subject to VAT, if applicable. shipping costs. If the procurement costs, such as e.g. transport costs, or the procurement prices of raw materials, such as the price of timber by more than 10%, we are entitled to adjust our prices to the changed market conditions. This applies to price increases as well as to price reductions. We will inform you about the changed prices in this case in text form. You are entitled to declare the termination of the contract.

(2) If the shipping costs of your desired product are displayed in the catalogues in the header of the page, these do not include the statutory value added tax, but are shown net. Delivery takes place exclusively within the Swiss mainland. The shipping costs depend on the type, weight and size of the goods. In order to be able to guarantee shipping, it must be ensured that the path to the desired delivery address is passable. If you do not buy directly from us, the shipping costs will be calculated by your contractual partners and communicated to you by them.  

(3) The purchase price and the shipping costs are due upon conclusion of the contract.

(4) You can pay the purchase price and, if applicable, the purchase price. of your choice by one of the payment methods offered by us. We reserve the right to exclude individual payment methods.


§ 6 Offsetting and Right of Retention

(1) You are not entitled to offset against our claims, unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.

(2) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.


§ 7 Retention of title

(1) The goods remain until full payment has been made. claims arising from this contract are our property.

(2) In addition, the following shall apply to entrepreneurs:

a.        The delivered goods (reserved goods) remains our property until all requirements have been met, which against the buyer now or in the future, including of all balance receivables from current accounts. If the buyer in breach of contract – in particular if he or she has agreed with the payment of a claim for remuneration – we have the right to withdraw from the contract after we have set a reasonable period of time for performance. The transport costs incurred for the return are borne by the buyer. If we take back the goods subject to retention of title, this already constitutes a withdrawal from the contract. It also constitutes a withdrawal from the contract if we Reserved goods. We are not allowed to use any reserved goods taken back by us . The proceeds of the realisation shall be offset against the amounts owed to us by the buyer after we have paid a reasonable amount for the costs of realisation.

 

b.       The buyer must Treat reserved goods with care. He must pay them at his own expense against fire, Insure water and theft damage sufficiently at the replacement value. Provided that maintenance and inspection work is required, the Buyer must take them to the own costs in good time.

 

c.        The buyer may use the use goods subject to retention of title and resell them in the ordinary course of business, as long as he is not in default of payment. However, he may not use the goods subject to retention of title or transfer it as security. The buyer's remuneration claims against its customers from a resale of the goods subject to retention of title, and those claims of the buyer with regard to the goods subject to retention of title which arise from a other legal basis against its customers or third parties (in particular claims in tort and claims for insurance benefits) including all balance receivables from current accounts, we shall the buyer is already paying in full as a precaution. We take these assignment.

The buyer may use these claims assigned to us on his behalf in his own name for us as long as we do not revoke this authorization. Our right to use these this does not affect the collection of receivables themselves; However, we do not assert the claims ourselves and the direct debit authorization as long as the buyer fulfils his payment obligations. properly.

If the buyer in breach of contract – in particular if he or she is obliged to pay a claim for remuneration has been in default – we can demand from the buyer that the latter shall indemnify us the assigned claims and the respective debtors. notify the respective debtors of the assignment and notify us all of the documents and provides all information that we need to assert the receivables.

 

d.       A processing or transformation of the goods subject to retention of title by the buyer is always made for us. If the Goods subject to retention of title are processed with other items that do not belong to us, so we acquire co-ownership of the new thing in proportion to the value of the Reserved goods (final invoice amount including VAT) to the other processed items at the time of processing. In addition, the following applies to the new thing created by processing is the same as for the Reserved goods.

If the Reserved goods are inseparably connected with other items that do not belong to us or mixed, we acquire co-ownership of the new thing in proportion to the value of the goods subject to retention of title (final invoice amount including VAT) to the other connected or mixed things at the time of the connection or mixing. If the goods subject to retention of title are combined in such a way or that the buyer's property is to be regarded as the main object, the buyer and we have already agreed that the buyer will pay us a pro rata co-ownership of this property. We accept this transfer.

The resulting Sole ownership or co-ownership of an item will be the buyer for us .

 

e.        In the case of seizures of goods subject to retention of title by third parties or in the event of other interventions by third parties, the buyer must rely on our property and must notify us immediately in writing so that we can we can enforce our property rights. If the third party has provided us with the judicial or extrajudicial costs incurred in this connection is not able to reimburse, the buyer is liable for this.

 

f.        If the buyer requests it, we are to release the securities to which we are entitled to the extent that your realizable value is the value of our outstanding receivables against the buyer by more than 10%. However, we are not allowed to use the Select collateral.


§ 8 Transport damage

(1) The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the delivery person as soon as possible and contact us immediately. Failure to make a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.

(2) The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the freight forwarder, the carrier or the other person or institution designated to carry out the shipment. Merchants are subject to the obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB). If you fail to make the notification regulated there, the goods are deemed to have been approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

 

§ 9 Warranty and guarantees

(1) We are liable for material defects or defects of title of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code.

(2) Claims for material defects do not arise in the event of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress (the standard is the intended use in the context of private use, not commercial use), unsuitable equipment or due to special external influences.

(3) The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. In the case of a transaction between entrepreneurs, the limitation period is one year.

(4) The warranty rights of the purchaser, who is an entrepreneur, presuppose that he has duly complied with his duties to inspect and complain pursuant to Section 377 of the German Commercial Code (HGB). In the case of contracts between entrepreneurs, we, the seller, can choose between the elimination of the defect or the delivery of a defect-free item as supplementary performance.

(5) Any seller's guarantees given by us for certain articles or manufacturer's warranties granted by the manufacturers of certain articles shall be in addition to claims for defects of quality or title within the meaning of paragraph 1.

(6) Insignificant, reasonable deviations in the dimensions and designs (colour and structure) are reserved, insofar as these are in the nature of the materials used (solid woods, etc.) and are customary.

 

§ 10 Liability

(1) Your claims for damages are excluded – unless otherwise provided for in the following clauses.

(2) In all cases of contractual and non-contractual liability, we shall be liable for damages or reimbursement of futile expenses in the event of intent and gross negligence in accordance with the statutory provisions. This limitation of liability also applies to liability based on a breach of duty by our legal representatives or vicarious agents.

(3) In other cases, we are only liable in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract in the first place and on the compliance of which you as a customer may regularly rely (so-called cardinal obligation), and this is limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 4.

(4) Our liability for damages resulting from injury to life, limb or health, in accordance with the Product Liability Act and the applicable data protection regulations, remains unaffected by the above limitations of liability and exclusions of liability.

(5) The limitations of liability resulting from paragraphs 1 to 3 shall not apply to the extent that we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item. The same applies if we have reached an agreement with you on the nature of the item.

 

§ 11 Final Provisions

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, esp. of the country in which the customer as a consumer has his habitual residence shall remain unaffected.

(2) If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law and have your registered office in Germany at the time of the order, the place of performance and exclusive place of jurisdiction is the registered office of the seller, Bremen. In all other respects, the applicable legal provisions apply to local and international jurisdiction.

(3) The contract remains binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. The same applies if the GTC have an unforeseen gap.



II. Customer Information

1. Reference to the EU Platform for Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes. We do not participate in dispute resolution proceedings before a consumer arbitration board.


2. Information on the disposal of electrical and electronic equipment Information in accordance with the Electrical and Electronic Equipment Act (ElektroG)

Old electrical and electronic equipment must not be disposed of in the household waste for disposal, but must be disposed of separately from it.

The following symbol on electrical appliances and/or their packaging indicates that this device may only be disposed of separately from other types of waste and not via household waste (grey or yellow bin, paper waste, organic waste bin or glass container).