Terms & Conditions
General terms and conditions for an online shop (B2C)
KLEEN-TEX Industries in Europa GmbH
hereinafter abbreviated to “KLEEN-TEX”
Münchnerstraße 21, 6330 Kufstein
Tel. 05372 / 61380, Fax 05372 / 61380-49
Email: info@kleen-tex.eu; sales@nautic-mats.eu
1. General
All services rendered for the customer by the KLEEN-TEX online shop are done so exclusively based on the following General Terms and Conditions as amended at the time of the order. KLEEN-TEX does not recognise any differing purchaser conditions. Rules are only valid if they have been agreed on between the online shop and the customer.
Online sales outside of the EU are agreed on separately.
2. Contract conclusion
2.1
The online shop’s products and services constitute a non-binding invitation to customers in Austria or Germany to order goods from the online shop. By ordering the desired goods on the Internet, the customer submits a binding offer upon conclusion of a purchase agreement.
2.2
Once the order has been received by KLEEN-TEX, the latter sends the purchaser an email confirming receipt of the order. This order confirmation still does not constitute acceptance of the offer, only information about receipt of the order.
The online shop is entitled to accept this offer within 14 calendar days by sending a sales confirmation by email. Once the 14-day deadline has elapsed, the offer is considered as having been rejected. A sales contract with the purchaser only eventuates if KLEEN-TEX sends the ordered product to the purchaser. No sales contract eventuates for products arising from the same order and which are not listed in the shipment confirmation. The contractual partner is KLEEN-TEX Industries in Europa GmbH.
KLEEN-TEX does not sell any products to minors.
3. Delivery
3.1
All items are shipped immediately, insofar as they are in stock. Delivery in all EU countries is made within 20 working days for all standard mats, and within 25 working days for personalised mats (patterns as per the customer’s proposal).
3.2
Deliveries outside of EU countries are made upon enquiry and separate agreement.
3.3
If an article is temporarily unavailable, we will send you an email to inform you of the anticipated delivery time, insofar as we have an address from you. This does not affect your legal entitlements.
4. Packaging and shipping costs
4.1
We charge a proportionate flat rate of 20 EUR for delivery within the EU and for packaging costs, regardless of the number of items or their weight. For deliveries outside the EU, the costs for delivery and packaging are charged on actual expense.
4.2
Upon request, express deliveries can also be made – at an extra charge for the respective courier service.
5. Payment
5.1
All prices stated are final prices which include the legal VAT of currently 20%.
5.2
For deliveries within the EU, payment is only possible by credit card. The following credit cards are permitted: a) Visa b) MasterCard
5.3
The delivered items remain the property of KLEEN-TEX Industries GmbH (retention of title according to §§158, 449 BGB (German Civil Code) or §1063 ABGB (Austrian Civil Code) until full payment. If the agreed payment terms are exceeded, we have to charge reminder and processing fees, which must be paid by the purchaser.
6. Right of cancellation
6.1
Right of cancellation: You can revoke your contractual declaration/declaration of purchase in writing (e.g. letter, fax, email) within 2 weeks without stating any grounds or – if the item is sent to you before the period has expired – by returning the item. The period commences after receipt of this official notification (also enclosed with these terms and conditions) in writing.
6.2
The cancellation/revocation through prompt returning of items must be sent to:
KLEEN-TEX Industries in Europa GmbH, Münchnerstraße 21, 6330 Kufstein
Telephone: 05372 / 61380, Facsimile: 05372 / 61380-49.
The cancellation can take place online using our email address office@kleen-tex.at or by letter to KLEEN-TEX Industries in Europa GmbH, Münchnerstraße 21, 6330 Kufstein.
However, for deliveries of standard mats, this cancellation period does not end before contractual conclusion or collection of the items by the recipient (or, in the event of recurring deliveries of identical items, not before receipt of the partial delivery), or before fulfilment of our duties of information, for customers in Germany as per §312c Para.2 BGB (German Civil Code) in conjunction with §1 Para.1, 2 and 4 BGB-InfoV (German Civil Code Freedom of Information Law) and our duties of information as per §312e Para.1 Clause 1 BGB in conjunction with §3 BGB-InfoV. (German Civil Code Freedom of Information Law), or for customers in Austria as per §§ 5e and 5d Austrian act on long-distance sales.
6.3
Consequences of cancellation: In the event of cancellation, the mutually received services, as well as any benefits gained (e.g. interest) must be returned/refunded. If you cannot return/refund the received service to us in full or in part, or can only do so in deteriorated condition, you must pay us compensation for lost value.
In the event items are provided, this does not apply if the item’s deterioration is exclusively a result of checks – e.g. which you could have performed in the shop.
For the rest, you can avoid the obligation to pay lost-value compensation for deterioration caused by correct usage of the item by ensuring you use the item as if it is not your property, and refraining from undertaking anything which could negatively affect its value.
You do not have to compensate for lost value in the event of deterioration caused by correct usage of the item.
Items capable of being shipped must be returned at our risk. KLEEN-TEX bears the transportation costs. You must bear the return shipment costs if the delivered item corresponds to the ordered item, and if the price of the returned item does not exceed an amount of 40 EUR, or if you have not yet rendered a service in return or made a contractually agreed partial payment if the item has a higher price at the time of cancellation. Otherwise, the return shipment is free of charge for you. Non-shippable items are collected from you.
6.4
Special information:
The right of cancellation does not exist for online contracts regarding the delivery of items which are manufactured according to customer specifications (patterns), clearly tailored to the personal needs of the customer, or unsuitable for return shipment due to their quality. (Personalisation of items)
Your right of cancellation also expires prematurely if the contract is, at your express request, completely fulfilled by both parties before you have exercised your right of cancellation.
7. Warranty
Should transportation damage be detected on the item, the recipient must immediately report this to the freight carrier (shipping service). Other identifiable transportation damage must be reported to KLEEN-TEX in writing no later than 8 days after receipt of the item. If a subsequent performance is rendered in the form of a replacement delivery, the defective item must be returned within 30 days.
We are not liable for defects caused as a result of incorrect handling, normal wear and tear, or external influences. No warranty claims can be made against us if repairs are made to the item by you or third parties without our written consent. The purchaser is not permitted to assign claims.
8. Liability
8.1
The online shop is liable in cases of deliberate actions or gross negligence according to the legal regulations. Liability for guarantees does not depend on which party is at fault. The online shop is only liable for slight negligence in accordance with the provisions of the product liability act, in the event of death, physical injury or harm to health, or in the event of a breach of major contractual duties. The damage compensation claim for slightly negligent breach of major contractual duties is, however, limited to typical, foreseeable damage, and only up to the amount of the purchase price, insofar as no liability is incurred to death, physical injury or harm to health. The online shop is liable to the same extent if assistants or representatives are at fault.
8.2
The rule in paragraph 8.1 above also includes damage compensation coupled with the service, damage compensation instead of the service, and entitlement to compensation for futile expenses, regardless of their legal grounds, including liability for defects, delays or impossibility.
9. Data protection
The data sent by you is only used by us to process your orders at KLEEN-TEX. All of your data is treated strictly confidentially by us. We only forward data to third parties (e.g. shipping services) insofar as this is necessary to process the order. The order data is transferred in an encrypted and secure manner, but we do not assume any liability for data security during transfers over the Internet (e.g. because of technical errors at the provider’s end) or for any criminal access to files on our website by third parties. Access data for the customer login, which is sent to the customer at its request, must be treated with strict confidence by the customer, as we bear no responsibility for usage of this data.
Credit card details are not saved by KLEEN-TEX!
10. Copyright
KLEEN-TEX does not assume any liability for any external logos, images or graphics provided by the customer. By ordering and sending these images and graphics, the customer declares it is either the intellectual proprietor thereof, or has obtained the relevant licensor’s copyright or the authorised party’s consent to use them.
All photos, logos, texts, reports, scripts and programming routines displayed on these pages, which are our own developments or have been prepared by us, cannot be copied or used for other purposes without our consent. All rights reserved. By submitting its offer to buy, the purchaser confirms that the drafts, patterns, designs, logos, trademarks or lettering provided by it can be used unconditionally, and particularly that any necessary consent has been given by third parties. It additionally assures that KLEEN-TEX will not be prosecuted under copyright law for using these documents, or that KLEEN-TEX will be indemnified and held harmless in the event third parties raise claims against these copyright breaches.
11. Other
We have no control over whether raw materials are discontinued by our suppliers and are thus no longer available, or are modified in terms of their nature and style. We will inform you if a replacement article is offered to us by the supplier. This does not affect your legal entitlements.
12. Links on our site
We hereby expressly distance ourselves from the content of linked pages appearing on our website. This declaration applies for all links existing on our website.
13. Validity of the terms and conditions
Placement of an order implies acknowledgement of the online shop’s General Terms and Conditions. Should one provision of these General Terms and conditions be invalid for any reason, this does not affect the validity of the remaining provisions. Austrian law is agreed as being the applicable law.
I. Right of cancellation
Right of cancellation
You can revoke your contractual declaration in writing (e.g. letter, fax, email) within [2 weeks] without stating any grounds [or - if the item is sent to you before the period has expired – by returning the item]. The period commences after receipt of this official notification in writing. Prompt sending of the cancellation [or the item] is sufficient for upholding the cancellation deadline. The cancellation/revocation must be sent to:
KLEEN-TEX Industries in Europa GmbH, Münchnerstraße 21, 6330 Kufstein
The cancellation can take place online using our email address office@kleen-tex.at or by letter to KLEEN-TEX Industries in Europa GmbH, Münchnerstraße 21, 6330 Kufstein.
The right of cancellation does not exist for online contracts regarding the delivery of items manufactured according to customer specifications (patterns) or which have clearly been tailored to the personal needs of the customer.
Special information:
The right of cancellation does not exist for online contracts regarding the delivery of items which are manufactured according to customer specifications (patterns), clearly tailored to the personal needs of the customer, or unsuitable for return shipment due to their quality. (Personalisation of items)
Consequences of cancellation
In the event of cancellation, the mutually received services, as well as any benefits gained (e.g. interest) must be returned/refunded. If you cannot return/refund the received service to us in full or in part, or can only do so in deteriorated condition, you must pay us compensation for lost value. In the event items are provided, this does not apply if the item’s deterioration is exclusively a result of checks – e.g. which you could have performed in the shop. For the rest, you can avoid the obligation to pay lost-value compensation for deterioration caused by correct usage of the item by ensuring you use the item as if it is not your property, and refraining from undertaking anything which could negatively affect its value. Items capable of being shipped must be returned at our risk. Obligations to refund payments must be fulfilled within 30 days. For you, the period commences once your cancellation declaration [or the item] has been sent, and for us once this has been received.
Order process info
The following steps are always taken in the event orders are placed ....
- Payment info sent to Qenta
- Qenta confirms whether payment has been made or not
- If the confirmation is given, an email is sent to sales@nauticmats.com
- If no confirmation is given due to connection problems, no email is sent
- THUS: Orders are ALWAYS managed using the Qenta interface; the listing shown here is only used for checking purposes, as product info cannot be sent to Qenta, and the order number & customer number can be used here to check which products belong to which order.
