General Terms and Conditions (“GTC”)
General Terms and Conditions (“GTC”)
of KNIPEX-Werk C. Gustav Putsch KG, Oberkamper Str. 13, 42349 Wuppertal (“KNIPEX”)
1. Scope of Application
The following GTC, in the version valid at the time of the order, shall apply exclusively to all orders placed in the KNIPEX online shop between the customer and KNIPEX.
The customer is a consumer insofar as the purpose of the goods and services ordered cannot be attributed predominantly to their commercial or self-employed professional activity. By contrast, a business is any natural or legal person, or a partnership with legal capacity, which, at the time of concluding the contract, is acting in the course of its commercial or self-employed professional activity.
Any deviating terms and conditions of the customer shall not be recognised unless the supplier expressly agrees to their validity.
2. Conclusion of the contract, contract language
The sales contract is concluded with KNIPEX.
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding presentation of the product range. The customer may add the displayed products to the ‘shopping basket’ by clicking the ‘Add to basket’ icon. By selecting ‘Place order with obligation to pay’, the customer submits a binding offer to purchase the products in the shopping basket. Before confirming the order, the customer may view and amend the details in the shopping basket at any time. However, the offer can only be submitted and transmitted if the customer has first accepted these Terms and Conditions by ticking the ‘Accept Terms and Conditions’ box and has thus incorporated them into their offer.
KNIPEX will then immediately confirm receipt of the order by email as an automatic acknowledgement of receipt. This acknowledgement of receipt merely documents the receipt of the order; it does not constitute acceptance of the order.
KNIPEX accepts the offer by either
- sending a declaration of acceptance or an invoice in a separate email within two days, or
- where applicable, by processing the payment transaction via the designated payment service provider. The timing of the payment transaction depends on the selected payment method (see ‘Payment’) or
- the goods are dispatched to the customer within seven days.
The relevant alternative for you depends on which of the listed events occurs first. The contract is concluded in German.
3. Contract language, storage of the contract text
The language(s) available for the conclusion of the contract: German
4. Delivery, availability of goods
If no units of the product selected by the customer are available at the time of the customer’s order, KNIPEX shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, KNIPEX will refrain from issuing a declaration of acceptance. In this case, no contract is concluded.
The following delivery restrictions apply: KNIPEX only delivers to customers who have their habitual residence or registered office in a country of the European Union at the time of the order and who can provide a delivery address in Germany.
Shipping costs are added to the product prices quoted. You can find out more about the amount of the shipping costs and expected delivery times here.
KNIPEX delivers goods by post only. Unfortunately, it is not possible to collect goods in person.
5. Prices and delivery charges
All prices quoted in the KNIPEX online shop include the applicable VAT.
The relevant delivery charges are displayed to the customer during the ordering process, at the latest upon completion in the shopping basket, and are to be borne by the customer, unless the customer lawfully exercises their right of withdrawal. For orders with a value of 60.00 EUR or more, KNIPEX delivers the goods within Germany free of charge.
Goods are dispatched by parcel post or as a small parcel. KNIPEX bears the risk of dispatch if the customer is a consumer.
In the event of a cancellation, the customer must bear the direct costs of returning the goods.
A general overview of the delivery terms can also be found here.
6. Payment
The following payment methods are generally available in our shop (may vary depending on the country):
Credit card
You enter your credit card details during the ordering process. Your card will be charged immediately after the order is placed.
Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself using your login details and confirm the payment instruction. The payment transaction will be processed immediately after you place your order. Further information is provided during the ordering process.
Google Pay
To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have enabled the Google Pay function, authenticate yourself using your login details and confirm the payment instruction. The payment transaction will be processed immediately after you place your order. Further information is provided during the ordering process.
Shop Pay
To pay the invoice amount via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, you must be registered with Shopify, have a valid credit card on file, authenticate yourself using your login details, and confirm the payment instruction. The credit card on file with Shopify will be charged immediately after the order is placed.
PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself using your login details and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after you place your order. Further information is provided during the ordering process.
PayPal may offer registered PayPal customers, selected according to its own criteria, additional payment methods within their customer account. However, we have no influence over the availability of these methods; any additional payment methods offered on an individual basis relate to your legal relationship with PayPal. Further information on this can be found in your PayPal account.
7. Retention of title
Until full payment has been made, the delivered products remain the property of KNIPEX.
8. Transport damage
For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery company as soon as possible and contact us immediately. If possible, please use our returns portal for this purpose. Failure to lodge a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you will be helping us to assert our own claims against the carrier or the transport insurer.
9. Warranty for material defects and guarantees
9.1 Liability for defects
KNIPEX is liable for material defects in accordance with statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For business customers, the warranty period for goods purchased from KNIPEX is 12 months.
Claims relating to material defects must be made to KNIPEX. Where possible, please use our returns portal to ensure the quickest possible processing. Alternatively, you can also contact us at shop@knipex.de.
9.2 Guarantees
An additional guarantee applies to products offered by KNIPEX only if this has been expressly stated in the product description in the online shop or in the order confirmation for the relevant item.
10. Liability
Claims by the customer for damages are excluded. This does not apply to the customer’s claims for damages arising from injury to life, limb or health, or from a breach of fundamental contractual obligations (cardinal obligations), nor to liability for other damages resulting from an intentional or grossly negligent breach of duty by KNIPEX, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
In the event of a breach of essential contractual obligations, KNIPEX shall only be liable for foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless the customer’s claims for damages arise from injury to life, limb or health.
The limitations set out in the preceding paragraphs shall also apply in favour of KNIPEX’s legal representatives and vicarious agents if claims are asserted directly against them.
The limitations of liability arising from the preceding paragraphs shall not apply where KNIPEX or its legal representatives or vicarious agents have fraudulently concealed the defect or have given a guarantee as to the quality of the product. The same shall apply where KNIPEX and the customer have entered into an agreement regarding the quality of a product. The provisions of the Product Liability Act remain unaffected.
11. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. No voluntary right of withdrawal is granted to businesses.
Click here to go to the relevant page.
12. Code of Conduct and Supply Chain Due Diligence Act
KNIPEX has adopted a comprehensive Code of Conduct which, amongst other things, obliges KNIPEX to fulfil its environmental and social responsibilities. The Code of Conduct will be provided to the customer on request. Codes of conduct published by the customer (regardless of how or where) or sent directly to KNIPEX will not be accepted, unless this has been specifically agreed in writing.
KNIPEX is legally obliged to comply with the Act on Corporate Due Diligence to Prevent Human Rights Violations in Supply Chains (LKSG). Individual requests for information from the customer in this regard are therefore not required and will not be answered.
13. Dispute Resolution
KNIPEX is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
14. Miscellaneous
The law of the Federal Republic of Germany shall apply, to the exclusion of conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and governing the applicability of mandatory provisions – in particular those of the country in which the customer, as a consumer, has their habitual residence – remain unaffected.
Where the customer is a legal person governed by public law, a special fund under public law or an entrepreneur, or where the customer has no general place of jurisdiction in the Federal Republic of Germany, moves their place of residence or habitual residence outside Germany after the conclusion of the contract, or their habitual residence and place of residence are unknown at the time legal proceedings are instituted, the place of jurisdiction shall be Wuppertal, Germany.
Should individual provisions of the contract of sale be or become invalid, the remainder of the contract shall remain valid. In this case, the contracting parties are obliged to replace the invalid provision with a valid one that comes as close as possible to the intended economic purpose.