General Terms and Conditions of Business
Scope
Our Terms and Conditions of Business, which underlie all agreements and offers, are accepted by placing an order or accepting the delivery, also for all future contracts. Any terms and conditions to the contrary are ineffective, even if we do not expressly object to them. Neither payment or acceptance of the goods constitute acceptance of third-party terms and conditions. They will only apply if they are, in individual cases, recognised in writing by us. Agreements made on the telephone or orally require our written confirmation to be legally valid. Offers/deliveries are intended for commercial use only.
Conclusion
Unless it is expressly stated that they are binding, our offers are subject to change without notice and are made with the proviso of proper and timely self-delivery. The documents belonging to the offer, such as images, drawings, dimensions, etc. are only approximate unless they are expressly designated as binding.
The Vendor reserves the right to make technical changes and deviations from the model to the extent that they comply with technical progress or pertain to fashion aspects and are reasonable for the Customer.
In the case of print orders, the Client’s claim to delivery is limited to the printed end product. The printing tools (such as printing blocks, repros, etc. manufactured for the performance of the contract) remain our property even if the Client bears the costs of their manufacture. Minor colour deviations do not constitute defects.
All information and statements associated with the goods or with our offer, such as product specifications, references to DIN standards and the like, serve to describe the products and should not be construed as either a quality description, an assurance of a quality, an assurance of a property or as the granting of a guarantee. The contract only comes into force upon our order confirmation or performance of the delivery.
Prices
Our prices are ex works Hamburg plus statutory value added tax and, in the case of shipping, plus packaging and shipping costs.
Deliver
Delivery is made ex works Hamburg, unpackaged. The shipping of goods is provided at the customer’s request. The customer’s request is also deemed to be providing a delivery address during the ordering process.
Shipping is at the Buyer’s risk, Sec. 447 German Civil Code (BGB) if the Buyer is not a consumer. Any complaints relating to transport damage, etc. must be made to the carrier. In the case of consumers, the statutory regulations governing transfer of risk shall apply.
The choice of packaging shall be at our sole discretion and will be in the manner customary in the industry. We shall not be held liable for transport damage or losses.
Shipment will be made to the delivery address provided by the Buyer. If the Buyer has provided an incorrect, incomplete, or unclear shipping address, then the Buyer must bear all costs arising therefrom.
Partial deliveries are permitted.
Delivery deadlines
With online orders, the Buyer can find the anticipated delivery period for our products on the respective product pages. The delivery deadline quoted in the order confirmation following completion of the order shall be decisive, unless another delivery deadline has been agreed in writing beforehand.
In the event of a delay in delivery, the Buyer shall be obliged to grant us an additional delivery period of no less than 4 weeks. The purchaser may not withdraw from the contract until expiry of such additional period. The period shall be deemed met if the Buyer has been informed that the goods are ready for shipping and are shipped shortly afterwards.
Claims for damages in connection with delayed delivery are excluded unless we or our vicarious agents are proven to be grossly at fault or to have acted intentionally. To the extent that delivery is impossible in full or in part on account of circumstances for which we are not responsible, such as industrial action, lock-outs, natural events, regulatory actions or other unforeseeable circumstances that affect us or our suppliers, our duty of performance shall be excluded. In such a case, we may withdraw from the contract without granting damages and without any obligation to subsequent delivery or reduce the agreed quantity to be delivered.
Warranties and liability for defects
The Buyer must confirm to its satisfaction, by means of its own inspection, that the goods are suitable for the purpose for which the Buyer intends them.
The warranty period is one year from delivery. The time limitation periods in the case of recourse claims against suppliers according to §§ 445b, 478 BGB and claims for damages of any type (including those for default of our obligation to remedy defects) remain unaffected by this provision.
The Buyer is obliged to examine the goods promptly upon their receipt and to immediately report any defects discovered. Likewise, the Buyer is obliged to report promptly any hidden defects as soon as these become apparent. 8 days are considered promptly, unless another period of time seems reasonable in an individual case due to particular circumstances. Breaches of this obligation constitute approval of the goods according to Sec. 377 German Commercial Code (HGB). If, in regard to delivered products, there arises a suspicion of a not merely trivial defect, then the Buyer is obliged to inform us promptly of the existing facts giving rise to that suspicion, even if further inspections must be performed to verify the defect. A breach of this duty will subject the Buyer to liability for damages unless the Buyer is not responsible for that breach of duty.
In the event of a justified notification of defects given in due time, we shall at our discretion provide remediation or subsequent delivery of a faultless item. The Buyer is entitled to reduce the purchase price or to withdraw from the contract only if the legal conditions for doing so are present.
The delivery costs incurred as a result of such subsequent performance are to be borne by us. If the shipping costs increase as a result of the Buyer or its customer taking the goods to a place other than the place of performance, then the amount by which such costs increase is to be borne by the Buyer. This applies mutatis mutandis to any other costs borne by us as a result of subsequent performance.
Small variances in quality, weight, quantity, presentation or colour that are usual in the industry or result from the technology or raw material used do not constitute defects.
General liability
Claims for damages of any kind against us or our legal representatives or performing agents are excluded unless wilful misconduct, gross negligence, or breach of a material contractual duty is present.
A “material contractual duty” is any duty whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the Buyer should normally be able to rely.
Liability will, however, be limited to compensation for damages typically foreseeable for this type of contract, except in the case of intent.
The preceding limitations and exclusions of liability do not apply to liability under product liability law or to cases of injury to life, limb or health.
Claims by the Buyer for compensation of expenses pursuant to Section 284 BGB are waived in so far as claims for damages in lieu of performance are excluded according to the provisions above.
The onus of proof according to law is not changed by the provisions of this contract clause.
Retention of title
We retain the title to all goods delivered by us until all claims (also claims arising at a later date) from the business relationship with us have been fulfilled.
The Buyer is authorised to sell the goods subject to retention of title in which we hold a sole or a co-ownership interest in the ordinary course of the Buyer’s business; the Buyer must not pledge or assign the goods as collateral. Any processing or treatment of the goods subject to retention of title by the Buyer will always be performed on our behalf, without creating any obligations for us. Ownership of the new items in their resulting state of treatment or processing vests in us. If our reserved goods are processed, treated, jumbled, mixed, or combined with other products that are not owned by us, then joint ownership of the new item vests in us in proportion to the ratio between the invoice price of the reserved goods and the invoice price of the other products.
The Buyer hereby and in advance assigns to us its receivables from the resale of the reserved goods along with all accessory claims. In the event that the reserved goods are sold by the Customer along with other goods that do not belong to us for one overall price, then the assignment hereby made is made only in the amount that we have charged the Customer for the reserved goods included in the sale. In the event that the Buyer’s receivables from the resale are received into a current account, the Customer hereby assigns also its receivable from its own customer from the current account (closing balance), and does so in the amount we have charged the Buyer for the reserved goods that were resold. We hereby accept the assignments in this section.
At our request the Buyer is obliged to give us the information necessary for assertion of the Buyer’s rights against its buyers and to hand over to us the necessary documents.
If the value of the collateral provided to us exceeds our claims by more than 10% in total, we shall have a duty to release collateral of the same amount at the Buyer’s request.
The Buyer must insure the reserved goods adequately, especially against fire and theft. Claims against the insurance company in the event of damage to the reserved goods are hereby assigned to us. The Buyer must notify the insurance company of the assignment of claim.
The Buyer shall inform us promptly of any seizure or every other kind of impairment by third parties of our right of retention or security interest and to confirm in writing such rights both to third parties and to us. The Buyer is forbidden from pledging, or assigning or transferring as collateral such rights.
If the Buyer meets the objective requirements of the duty to file for insolvency, the Buyer shall refrain from disposing of the goods subject to retention of title in any way, without being specifically requested to do so. The Buyer is obliged to inform us promptly of its inventory of reserved goods. In such a case, we will be further entitled to withdraw from the contract and demand surrender of the reserved goods. If the reserved goods have been processed, treated, blended, mixed or combined with other products, we are entitled to demand their surrender to a trustee; the Buyer is obliged to disclose all co-owners of the reserved goods along with their names or company names, their addresses, and the portion of the goods that is jointly owned. The same applies analogously to receivables that have been assigned to us in accordance with the preceding paragraphs; in addition, the Buyer must give us unbidden the names and addresses of all debtors along with copies of the documents substantiating the receivables from them.
Terms of payment
The calculation will be based on the prices and terms valid on the day the contract is concluded. If there is a period of time of more than 4 months between conclusion of contract and delivery, the prices and terms applicable on the day of delivery shall be decisive. Unless agreed otherwise, all prices are quoted from Hamburg and do not include the respective rate of statutory value added tax.
The date of performance for payments is deemed to be the date on which the amount to be paid is effectively at our disposal. Bills of exchange may be allocated only with our consent.
Unless otherwise agreed, payment shall be made within 8 days less a 2% discount for early payment and within 30 days without deductions.
Cheques and bills of exchange will not be treated as means of payment until the date on which they are credited. They are not accepted as payment but in lieu of payment. Any discount charges as well as any and all costs incurred through the acceptance, transfer or non-payment of payment documents of all kinds shall be borne by the Buyer. We do not assume any responsibility for timely protesting of bills of exchange. Outstanding payments, suspension of payments, application for insolvency, the seeking of a compromise settlement or temporary suspension of payments shall render our entire receivable immediately due and payable irrespective of the term of any bills accepted.
Set-off and retention rights vest in the Buyer only if and to the extent that the Buyer’s counter-claims either are related on a basis of reciprocity to the claims asserted by us (§ 320 BGB) or have been recognised by declaratory judgement, are not in dispute, or have been acknowledged by us. Additionally, the Buyer will only be authorised to exercise a right to retention to the extent that its counterclaim is based on the same contractual relationship.
The Buyer shall be in default if the Buyer does not perform on our reminder following the due date; that notwithstanding, the Buyer will be in default at the latest if it does not pay our invoice within thirty days after the invoice becomes due and payable. In the event of default, we shall be entitled to demand default interest of 9% above the base interest rate published by Deutsche Bundesbank and a flat rate default charge of EUR 40; we expressly reserve the right to assert further default claims.
Where we are required to perform first, we may refuse performance if it becomes apparent, after the contract has been concluded, that our claim for consideration is at risk due to the Buyer’s inability to perform. The right to refuse performance no longer applies if the consideration is received or security is provided for it. We may specify an appropriate period of time during which the Buyer, at its discretion, must provide the consideration or security contemporaneously with our performance. We are entitled to rescind the contract if the customer does not provide the respective consideration or security during this period. Further details are governed by Section 321 BGB.
Miscellaneous provisions
The place of performance for deliveries and for warranty claims is the location from which the respective goods and services were provided.
If the Buyer is domiciled in the EU or in the European Economic Area, then the following applies: The sole place of jurisdiction is Hamburg if the Buyer is a trader, corporate body under public law or legal separate asset or does not have a general place of jurisdiction in Germany.
On the other hand, if the Buyer’s registered office is located outside of the EU and the European Economic Area, all disputes arising under and in connection with the contracts concluded subject to the applicability of these General Terms and Conditions shall exclusively be settled by the court of arbitration of the chamber of commerce of Hamburg. Its decisions are final and there is no recourse to the ordinary courts. The defendant is entitled to bring a counter-claim before the court of arbitration. The place of arbitration is Hamburg; the language of the proceedings is German. The proceedings, in particular the taking of evidence, will be conducted pursuant to the Rules of the Court of Arbitration of the Hamburg Chamber of Commerce and the rules of Book 10 of the German Code of Civil Procedure (Zivilprozessordnung). Procedural principles of common law, including, without limitation, regarding the production of documents, do not apply (neither directly nor by analogy). If, in connection with the arbitration proceedings, one party must pay the other party’s legal costs, then such costs are limited to the costs that may be charged according to the German Lawyers’ Compensation Act (Rechtsanwaltsvergütungsgesetz, RVG).
The laws of the Federal Republic of Germany apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
If any provision is ineffective, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by an agreement that comes closest to the intended economic purpose.
Information about the obligations in electronic business transactions
according to § 312i BGB in connection with Art. 246c EGBGB
How to conclude contracts with us on the Internet (information on the technical steps leading to the conclusion of a contract)
Select the product you would like to order in our online shop. You can only order products that are marked with the button "Add to cart". By clicking this button, the product you wish to order will be added to the shopping cart.
Shopping cart
Here you will find all the products you have placed in the shopping cart. In the shopping cart you have the possibility to adjust the desired quantity of all articles by changing the input and subsequent confirmation by the button "Update shopping cart". Below the subtotal of the individual articles you have the possibility to edit the article options by clicking on the pencil symbol. Here you can access the respective product page. By clicking on the wastebasket symbol you can remove article items from the shopping basket. You can add further products to the shopping cart at any time.
You can enter a discount code under the item items at "Apply discount code". If you don't want to add more products to the shopping cart, you have the possibility to make your purchase via "Amazon-Pay" or an “PayPal Express" or you click on the button "Proceed to Checkout" to continue your purchase at www.krog.de.
Order process via third party suppliers
With "Amazon-Pay" you will be redirected to the payment page of www.amazon.de. There you can login with your Amazon account or create a new Amazon account.
With "PayPal Express" you will be redirected to the payment page of www.paypal.com There you can log in with your PayPal account or create a new account.
Order process
By clicking on the button "Proceed to checkout" you will be taken from the shopping cart to the shipping page. There you have the possibility to enter your address data. You can order as a guest or create a customer account after the ordering process. If you already have a KROG customer account, you can log in by clicking the button "Login".
The shipping costs will be displayed under the address data.
By confirming the button "Next" you will get to Review & Payments. There you have the possibility to choose your desired payment method. If you choose PayPal, Direct debit or Credit card as payment method, you will be automatically forwarded to the PayPal page. Alternatively, you can choose the payment method invoice or Payment in advance.
Under the payment method you can enter a different delivery address.
Please check carefully the listed data on the right side at "Order summary". Article changes can be made via the shopping cart. You can access this via the order progress bar at the top. Changes to the address data can be made below under "Send to:" by clicking on the pencil symbol.
Please confirm by clicking in the checkboxes, our General Terms and Conditions and that you are placing the order as an entrepreneur within the meaning of § 14 BGB (German Civil Code).
If all the details are correct and the checkboxes are ticked, you can send the order to us by clicking on the button "Order subject to payment". You will then automatically receive an order confirmation by e-mail. Regardless of the selected payment method, you can use the free buyer protection of Trusted Shops. In your completed order we see your offer to conclude a purchase contract.
Storage of the contract text and transmission to the customer
The text of the contract will be stored by us and made available to you immediately by e-mail.
Information about the technical means to detect and correct input errors
Before the binding submission of the order, you can correct your entries continuously using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.