Terms and Conditions

Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all the contracts, which you conclude with us as a supplier (Levent Yilmaz) via the www.kerbstueck.de website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods including digital content (data created and provided in digital form) and/or the provision of repair services and/or the provision of assembly services .

(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase and/or repair services are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After clicking the "Checkout" or "Continue to Order" button
 (or similar name) After entering your personal data and the terms of payment and shipping, the order data will then be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be taken to the order overview page in our online shop or to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.


Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the 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 your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 License of use for digital content

(1) The digital content offered is protected by copyright. You will receive a usage license from the respective licensor for every digital content purchased from us. The type and scope of the license to use result from the license terms specified in the respective offer.


(2) Unless otherwise stated in the respective offer, you will receive a simple usage license. This includes a non-exclusive, perpetual right of use, in particular the permission to save and/or print out a copy of the digital content for your personal use on your computer or other electronic device.
You are not entitled to rent or lease the contractual digital content or parts thereof neither for a fee nor for free sublicense, publicly reproduce or make accessible in any other way or otherwise make available to third parties.


§ 4 Individually designed goods

(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail immediately after the conclusion of the contract at the latest. Any of our specifications for file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and assume no liability for errors in this respect.

§ 5 Formation of the contract for courses

(1) The subject of the contract is the implementation of courses.
As soon as the respective course offer is posted on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective course description.


(2) The contract is concluded via the online shopping cart system as follows:
The courses intended for booking are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After clicking on the "Checkout" or "Continue to order" button (or similar designation) and entering your personal data and the terms of payment, the order data will then be displayed as an order overview.


If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be taken to the order overview page in our online shop or to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.


Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order.
By sending the order via the corresponding button , you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.

(3) Your inquiries about the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated in the respective offer).

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 6 Provision of services for courses

(1) The courses are held in the form described in the respective offers on the agreed dates.

(2) Insofar as the execution of the courses depends on the number of participants, the minimum number of participants results from the respective offer.
If the minimum number of participants is not reached, we will inform you in text form (e.g. by email) at least 7 days before the start of the course that the booked course will not take place. Any services already provided will be reimbursed immediately in this case.

(3) If an individual event is canceled due to the short-term absence of the course instructor due to illness or other important reason, the services already rendered will be reimbursed immediately.

In the case of events that consist of several event dates, if a date is canceled due to the course instructor being unable to attend at short notice due to illness or for another important reason, the canceled date will be made up for on an alternative date.

(4) In connection with the use of course rooms and objects, you must comply with the local house rules. You must follow our instructions or the instructions of the course instructor.

§ 7 Substitute participants

You can nominate a substitute participant at any time before the course begins. You will not incur any costs for this rebooking.

§ 8 Provision of services for assembly services
(1) Insofar as assembly services are part of the contract, we owe the assembly work resulting from the service description. We provide this to the best of our knowledge and belief personally or through third parties.
(2) The service is provided on the agreed dates.
(3) You are obliged to cooperate. In particular, at the time the assembly services are provided, you have the opportunity to enter the premises in an accessible and reasonably safe condition. Furthermore, you are obliged to provide us with electrical energy and, if necessary, water if necessary. We are entitled to terminate the part of the contract for the provision of assembly services in accordance with § 643 BGB if you do not meet your obligations to cooperate. We will set you a reasonable deadline for this, during which you can catch up on the necessary cooperation services.
(4) If you make use of your right of termination according to § 648 sentence 1 BGB, we can demand 10% of the agreed remuneration as a flat rate if the execution has not yet started. However, this only applies if the statutory right of cancellation exists if you only make use of your right of cancellation after the cancellation period has expired. You have the right to prove that we actually incurred no or significantly lower costs.
§ 9 Provision of services for repairs

(1) Insofar as repair services are part of the contract, we owe the repair work resulting from the service description. We provide this to the best of our knowledge and belief personally or through third parties.

(2) You are obliged to cooperate, in particular you must describe the defect in the device as comprehensively as possible and make the defective device available.

(3) You bear the costs for sending the defective device to us.

(4) Unless otherwise stated in the respective offer, the repair, including the assignment of the device for shipment, will take place within 5 - 7 days after receipt of the device to be repaired (however, if advance payment has been agreed, only after the date of your payment instruction).

(5) If you make use of your right of termination according to § 648 sentence 1 BGB, we can demand 10% of the agreed remuneration as a flat rate if the execution has not yet started. However, this only applies if the statutory right of cancellation exists if you only make use of your right of cancellation after the cancellation period has expired. You have the right to prove that we actually incurred no or significantly lower costs.

§ 10 Special agreements on offered payment methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna") we offer the following payment options. Payment is made to Klarna in each case:
More information about Klarna and the Klarna terms of use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at / .
(2) SEPA Direct Debit
When paying by SEPA direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.

The direct debit is collected within 10 - 15 days after the conclusion of the contract.
The deadline for submitting the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.

(3) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", the payment is processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; " PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. "PayPal" can use other payment services for payment processing; if special terms of payment apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .

§ 11 right of retention , retention of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 12 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed by us of the same before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the type of goods or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortened deadline does not apply:

- culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with warranty rights.

§ 13 Choice of Law

(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Sales Convention expressly do not apply.





II. Customer Information

1. Identity of Seller

Levent Yilmaz
Grünscheid, 17a
51399 Burscheid
Germany
Telephone: 015110970824
Email: info@kerbstueck.de


Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr .

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.

3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, eg by e-mail, which you can print out or save electronically.

4. Essential characteristics of the goods or service

The essential features of the goods and/or service can be found in the respective offer.

5. Prices and terms of payment

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.

5.4. You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

5.7. Unless otherwise agreed, when booking courses, payment must be made on site at the latest on the course date before the course begins, otherwise there is no right to participate.

6. Terms of Delivery, Provision

6.1. The delivery conditions, the delivery date and any existing delivery restrictions as well as the conditions for the provision of digital content can be found under a correspondingly designated button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.

If you are an entrepreneur, the delivery and shipment is at your own risk.

7. Statutory liability for defects

Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).

8. Termination

8.1. Information on the termination of the contract and the terms of termination can be found in the regulations on "Installation services" in our General Terms and Conditions (Part I) and in the respective offer.

8.2. Information on the termination of the contract and the terms of termination can be found in the regulations on "repair services" in our General Terms and Conditions (Part I), as well as in the respective offer.

These terms and conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service .

last update: 29.11.2022

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