Terms and Conditions

Please kindly note that this translation of our "AGB" has been prepared for your information only.  The only authoritative version is the German version!

General terms and conditions of the company KCO, Holger Kellermann

§1 General

(1) The following General Terms and Conditions apply to the entire business relationship between us (KCO) and a customer.

Customers within the meaning of the above terms and conditions are both consumers and entrepreneurs.

A consumer within the meaning of these General Terms and Conditions is a natural person who concludes a legal transaction for purposes which cannot be predominantly attributed to his commercial or independent professional activity (§ 13 BGB).

Entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity with whom a business relationship is entered into and who acts in the exercise of his commercial or self-employed professional activity (§ 14 BGB).

§2 Conclusion of a contract, storage of the contract text

(1) The following regulations on the conclusion of contracts apply to orders placed via our online shop https://outmar.com/https://outmar.com/en/.

(2) In the event of the conclusion of the contract, the contract is concluded with

KCO
Holger Kellermann
Auf der Eck 7
78052 Villingen-Schwenningen
Germany

(3) The presentation of the goods in our online shop does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract.

(4) Upon receipt of an order in our internet shop the following regulations apply: The customer submits a binding offer to enter into a contract by successfully completing the ordering procedure provided in our Internet shop.

The order is placed in the following steps:

1. Selection of the desired goods
2. Confirm by clicking the button "Add to shopping cart“
3. Check the information in the shopping cart
4. Press the button „Proceed to checkout".
5. Login to the Internet shop after registration and entering the login details (e-mail address and password).
6. Re-examination or correction of the respective data entered
7. Binding dispatch of the order by clicking the button „Send order" 

Before the binding sending of the order, the customer can return to the website where the customer's details are recorded and input errors are corrected or the order process is cancelled by closing the Internet browser by pressing the "Back" button in the Internet browser used by him after checking his details. We will immediately confirm receipt of the order by an automatically generated e-mail ("order confirmation"). With this we accept your offer.

(5) Storage of the contract text for orders placed via our online shop: We will send you the order data and our general terms and conditions, information on the right of revocation and a sample revocation form by e-mail. You can also view the general terms and conditions at any time at https://outmar.com/en/terms-and-conditions.  For security reasons, your order data is no longer accessible via the Internet.

§3 Prices, shipping costs, payment, maturity

(1) The prices quoted include the statutory value added tax and other price components. Any shipping costs are added.

(2) The customer has the following options:

Payment of goods for deliveries within Germany 

- advanced payment via bank transfer

- via invoice

- via PayPal

Payment of goods for customers outside Germany

- advanced payment via bank transfer - bank charges are to be borne by the buyer

- via PayPal

(3) If the customer has chosen payment in advance, he undertakes to pay the purchase price immediately after conclusion of the contract. If the consumer or the customer who is an entrepreneur has chosen the payment method invoice, he is obliged to pay the purchase price within 10 days after receipt of the goods. After expiry of this period, the customer shall be in default of payment. If the customer is a consumer, interest shall be charged on the money debt during the default at a rate of 5 percentage points above the base rate; if the customer is an entrepreneur, interest shall be charged on a money debt during the default at a rate of 9 percentage points above the base rate. 

§4 Delivery

(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment. The delivery takes place here at the latest within 5-7 working days. In the case of payment in advance, the period for delivery begins on the day after the payment order is sent to the bank responsible for the transfer and for all other payment methods on the day after the contract is concluded. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.

(2) The risk of accidental loss and accidental deterioration of the sold goods shall not pass to the buyer until the goods are handed over to the buyer.

§5 Retention of title

In the case of contracts with consumers, KCO reserves the right of ownership of the goods until the purchase price has been paid in full. In the case of contracts with entrepreneurs, KCO retains ownership of the goods until all claims arising from an ongoing business relationship with the customer have been settled.

§6 Final Provisions

(1) The Ordering Party's rights and obligations may only be transferred to third parties after obtaining KCO’s prior written consent.

(2) Counterclaims filed by the Ordering Party only entitle them to offset payment if the counterclaims have been recognized in a court of law or they are undisputed. The Ordering Party may only exercise their right of retention if their counterclaim relates to the same contractual relationship.

(3) The law of the Federal Republic of Germany shall apply to any legal relationships between KCO and the Ordering Party to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(4) The sole place of jurisdiction for all disputes arising from the business relationship between KCO  and the Ordering Party is the district where KCO’s headquarters is located. KCO is also entitled to bring action in the district where the Ordering Party's headquarters is located or any other permitted place of jurisdiction. Arbitration clauses are expressly excluded.

(5) Unless agreed otherwise, the place of performance for all services provided by the Ordering Party and KCO is KCO’s registered domicile.

(6) The language of the contract is German.

Status of the General Terms and Conditions April 2017