Standard Business Terms and Customer Information

(Status: January 2025)

I. Standard business terms

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts which you conclude with us as a supplier (Walter Klug GmbH & Co. KG) via the www.klug-conservation.de website.

(2) Unless agreed otherwise, we object to the inclusion of any general terms and conditions provided by you.

(3) A ‘consumer' in the sense of the following regulations according to § 13 BGB (German Civil Code) is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman' according to § 14 BGB (German Civil Code) refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/her/its independent professional or commercial activity.

§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods offered in our online shop. Unless otherwise agreed in individual cases, our current prices at the time of contract conclusion, ex warehouse, apply.
(2) The contract is concluded through the online shopping cart system as follows:

The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Proceed to order" (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, Giropay) as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the relevant instant payment system, choose and/or enter your data as appropriate. Finally, on the website of the provider of the instant payment system or, after you have been directed back to our online shop, the order data will be displayed as an order overview.
Before submitting the order, you once again have the option to review or change (you may also use the "Back" button on your web browser) any information on the order summary page, or to cancel the purchase order.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(3) Your enquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer in text form (e.g. via e-mail), which you can accept within a period of 5 days (unless another period is specified in the respective offer).
(4) Order processing and the confirmation of all the details necessitated by the conclusion of the contract is sent by e-mail, partially automated. You must therefore ensure that the e-mail address that you have provided to us is correct, that the receipt of the respective e-mails is technically guaranteed and, in particular, that it is not blocked by SPAM filters.

§ 3 Individually designed goods

(1) You will provide us with the information required for the custom design if the goods via the online ordering system or the available configurators before conclusion of the contract. Any specifications regarding file formats must be observed.
(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
(4) If you decide to order an individually designed product customised by us, your right of cancellation is excluded upon conclusion (completion) of the order in accordance with § 312g para. 2 no. 1 BGB (German Civil Code).

§ 4 Special agreements related to the offered payment methods

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).

§ 5 Right of retention and set-off

(1) You may only assert your right to set-off if your counterclaims have been legally established or are undisputed.
(2) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

§ 6 Retention of title

(1) We reserve the right to retain ownership of the delivered goods until all claims arising from the supply contract have been paid in full. This also applies to all future deliveries, even if we do not explicitly refer to it each time.
(2) If you act in breach of contract, we are entitled to take back the purchased goods.(3) You are obligated to handle the purchased goods with care as long as ownership has not transferred to you.
(4) As long as the ownership has not yet transferred to you, you are not entitled to pledge the reserved goods to third parties or transfer them as security.
(5) However, you are entitled to use the goods and resell them in the ordinary course of business. In this case, you already assign to us all claims arising from the resale in the amount of the invoice value. We accept the assignment. You are still authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
(6) In the case of combination or mixing of the reserved goods, we acquire joint ownership of the new item in proportion to the invoice value of the reserved goods relative to the other processed items at the time of processing.
(7) We commit to releasing the securities to which we are entitled upon your request, to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.

§ 7 Warranty

(1) The statutory warranty rights for defects apply.
(2) Unless expressly stated by us as binding, the images or drawings contained in our advertisements or offer documents are only approximately relevant.
(3) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(5) We are not liable for defects that you are aware of or should have been aware of due to gross negligence at the time of conclusion of the contract in accordance with § 442 of the German Civil Code (BGB).
(6) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) As the buyer, you are required to inspect the goods immediately upon delivery by the seller and, in the event of a defect, to notify the seller immediately without any delay in accordance with § 377 Paragraph 1 of the German Commercial Code (HGB). If the notification is not made, the goods shall be considered approved, unless the defect was not detectable during the inspection.
b) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
c) In the event of defects, we shall, at our discretion, provide a warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
d) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply:

for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness in the case of statutory rights of recourse that you may assert against us in connection with rights arising from defects.

§ 8 Choice of law, place of fulfilment, jurisdiction

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer's usual place of residence is located (benefit-of-the-doubt principle).

(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our registered office is the place of jurisdiction and the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

II. Customer information

1. Identity of the seller

Walter Klug GmbH & Co. KG
Zollstrasse 2
87509 Immenstadt
Germany
Telephone: +49 8323 9653 30
E-Mail: info@klug-conservation.com

2. Contractual language, saving the text of the contract

2.1 The contract language is English.
2.2 In the case of requests for quotations which are sent not using the online shopping basket system, you will be sent all contractual data as a part of a binding offer in written form, e.g. by e-mail, which you can print out or save electronically.

3. Codes of conduct

3.1 We are voluntarily subject to the Käufersiegel (buyer’s seal) quality criteria of Haendlerbund (Retailer Association) Management AG which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf
(https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).
3.2 We are voluntarily subject to the code of ethics of the portal eKomi which can be viewed at: https://www.ekomi.de/de/.

4. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

5. Prices and payment arrangements

5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

6. Delivery conditions

6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.

If you are an entrepreneur (have your own business), delivery and dispatch (shipping) are at your risk.

Revocation right for consumers

(A ‘consumer' is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)

Instructions for revocation

Revocation right

You have the right to revoke this contract within 14 days without specifying any reasons.
The revocation period is 14 days with effect from the day:

on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly
on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately
on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units.

To exercise your right of withdrawal, you must inform us (Walter Klug GmbH & Co.KG., Zollstrasse 2, 87509 Immenstadt, Germany, telephone number: +49 8323 9653 30, e-mail address: widerruf@klug-conservation.de) by means of a clear declaration (e.g. a letter sent by post, or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

In order to safeguard the revocation period, it is sufficient for you to send your notification of exercising the right of revocation before the revocation period expires.

Consequences of the revocation

If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.

We can refuse repayment until the goods are returned to us or until you have furnished evidence that you have sent the goods back to us, depending on whichever is earlier.

You must return or hand over the goods to us immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you dispatch the goods before the 14-day deadline has expired.

You shall bear the direct costs for returning goods that can be shipped by parcel post as well as the direct costs for returning goods that cannot be shipped by parcel post. The costs for goods that cannot be shipped by parcel post are estimated at a maximum of approximately 500 Euros.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.

Criteria for exclusion or expiry

The revocation right is not available for contracts:

for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence
for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

The revocation right expires prematurely in case of contracts:

for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition
for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.

Special right of revocation (cancellation)

In the event that we cannot deliver the ordered quantity or cannot deliver it on time, we grant a special right of revocation. The sales department will contact you immediately to clarify the individual circumstances.

Your special right of revocation and the complete reversal of the contract are not subject to any time limit. If the service has already been paid for in full or in part, you will receive a full refund to your preferred means of payment.

Specimen - revocation form

If you wish to revoke the contract, please fill in this form and send it back to us.

To: Walter Klug GmbH & Co.KG., Zollstrasse 2, 87509 Immenstadt, Germany, e-mail address: widerruf@klug-conservation.de (com??)

I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following goods (*)/ the provision of the following service (*)

Ordered on (*) / received on (*)
Name of the consumer(s) (meint man hier nicht den Käufer? Sprich der buyer
Address of the consumer(s)
Signature of the consumer(s) (only in case of a notification on paper)
Date

(*) Cross out the incorrect option.

Terms of delivery

Shipping restrictions

The dispatch of goods ordered directly via our webshop is only possible within Germany, Austria and France.

International enquiries can be made via the online enquiry function in the webshop. Upon receipt of an enquiry, we will check the possibility of international delivery and prepare a customised offer.

Shipping to German and foreign islands is excluded.

Dispatch costs (inclusive of legally applicable VAT)

Domestic deliveries (Inland Germany):

Free shipping for a net value of goods > 500.00 €; Exception: large formats and bulky goods.
Shipments with a net value of goods < 500.00 € as well as for large formats or bulky goods shipments - regardless of the net value of goods - costs are calculated according to expenditure.
Free shipping for a net value of goods > 500.00 € excluding large formats or bulky goods.

All deliveries are made to the curbside of the relevant delivery address.
Other types of delivery mode are not possible for orders placed through the webshop. For that you are to place an individual enquiry. The possibility and the costs will be estimated and calculated individually.

Dispatch of bulky goods (freight forwarding) is charged as follows:

Consignments (shipments) up to a girth of 300 cm are sent by parcel service. Shipments over 300 cm will be delivered by a forwarding agent. Bulky goods are labelled accordingly.

Deliveries abroad:

Free shipping abroad from a net value of goods > 750.00 €; Exception: large formats and bulky goods.
Shipments with a net value of goods < 750.00 as well as for large formats or bulky goods shipments - regardless of the net value of goods - costs are calculated according to expenditure.
Free shipping from a net value of goods > 750.00 €; excluding large formats or bulky goods.

Dispatch of bulky goods (freight forwarding) is charged as follows:
(Consignments) Shipments up to a girth of 300 cm are sent by parcel service. Shipments over 300 cm will be delivered by a forwarding agent. Bulky goods are labelled accordingly in the item description.

Delivery periods

Unless otherwise specified in the quote, domestic delivery of goods shall be made (Germany) within 8 days, for deliveries abroad within 20 days from conclusion of contract (if advance payment agreed from the date of the payment instruction).

The delivery date for custom-made items (configuration products) is determined based on the type and quantity of the product. For configuration products that can be ordered directly, the delivery time within Germany depends on the product and quantity and can take up to 30 days. For international deliveries, the delivery time for custom items is up to 45 days after the conclusion of the contract, depending on the product and quantity. In case of deviations, our sales department will contact you. We reserve the right to deviate from the delivery times stated above and, if necessary, adjust the date individually after the contract is concluded, depending on the current order situation.

Please note that deliveries are not made on Sundays and other holidays.

If you have ordered articles with different delivery dates, we send the articles together in one delivery if no other agreement has been made. The delivery date for the complete order will be the same as that of the article with the longest delivery time.

Liability for transport damages

Commercial customers are obligated under §438 Paragraph 1 of the German Commercial Code (HGB) to report any externally visible damage no later than at the time of delivery of the goods. If the damage is not externally visible, the deadline for reporting the damage or loss is seven days after delivery (§438 Paragraph 2 HGB).

If the damage or loss is not reported within the specified deadlines, it will be assumed that the goods have been delivered complete and undamaged.

The notice of damage must be made in text form pursuant to section § 438 paragraph 4. To comply with the deadline, it is sufficient to send the report within the specified period. If loss, damage or exceeding the delivery deadline is reported at the time of delivery, it is sufficient to report it to the person delivering the goods (section § 438, paragraph 5 of the German commercial code HGB.

Accepted payment options

Prepayment via transfer
Payment via credit card
Payment by invoice

via PayPal checkout:

Payment via PayPal

Further payment details

Payment by invoice is only possible for registered customers. Registered customers will be granted the individually agreed payment terms, which are maintained in the master data.

If payment is made using a credit card (without using a payment service provider), your credit card account is debited in conjunction with the conclusion of the contract.

In case of questions, please contact us at the contact details mentioned in the imprint.