Terms and Conditions
1. General - Scope of Application
1.1. These terms and conditions apply to all business relationships between Kock and the customer.
The version of the terms and conditions valid at the time of the conclusion of the contract is decisive.
1.2. Customers in the sense of these terms and conditions are entrepreneurs, i.e., natural or legal persons or legally capable partnerships, with whom a business relationship is entered and who act in the exercise of their commercial or independent professional activity.
1.3. Individual and explicit agreements in the contract between Kock and the customer that deviate from these terms and conditions take precedence over these terms and conditions.
1.4. Deviating, opposing, or supplementary terms and conditions do not become part of the contract, even if Kock is aware of them, unless the validity of such terms and conditions is expressly agreed to in writing.
2. Conclusion of the Contract
2.1. The terms for the goods offered by Kock are non-binding and subject to change. The representations of Kock’s goods on the internet, media, especially print media, do not constitute an offer, but an invitation to the customer to place an order. Technical or other changes in form, color, or weight remain subject to reasonable changes.
2.2. By ordering the desired goods, the customer makes a binding offer to conclude a contract. Kock will confirm the receipt of the customer's order promptly. However, a confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt will only constitute an acceptance of the order if Kock expressly declares it as an "order confirmation" in writing. Acceptance of a telephone order does not constitute a binding acceptance of the customer’s offer by Kock.
2.3. Kock is entitled to accept the contract offer in the order within two weeks. For orders made electronically, Kock may accept the order within five working days (excluding Saturdays) after receipt. Kock is also entitled to reject the order’s acceptance—e.g., after checking the customer's creditworthiness—or to limit the quantity of goods to a usual or feasible amount.
2.4. The conclusion of the contract is subject to the condition that Kock may not be able to fulfill the contract or can only fulfill it partially due to incorrect or inadequate self-supply by the supplier, provided the non-delivery is not caused by Kock. In case of unavailability or partial availability of the goods, the customer will be informed immediately. Any prepayments for unavailable items will be refunded promptly.
2.5. If the customer orders the goods electronically, Kock will store the contract text or order confirmation and send it to the customer, including the legally valid terms and conditions, in writing or by email after the contract is concluded.
3. Delivery, Acceptance, Withdrawal
3.1. The delivery times provided by Kock are non-binding unless binding deadlines have been agreed with the customer. If the non-binding delivery time is exceeded by more than three months, the customer is entitled to withdraw from the contract, provided the customer is not responsible for the delayed delivery. As long as the customer is in arrears with their payment, Kock’s obligation to deliver is suspended. If Kock is delayed in delivery, the customer may only withdraw from the contract after setting a reasonable grace period and threatening to cancel if the deadline is not met.
3.2. The goods will be delivered to the customer’s specified address unless otherwise agreed.
4. Retention of Title
4.1. Kock retains ownership of the goods until full payment of all claims from an ongoing business relationship with the customer. If the value of the goods subject to retention of title exceeds the claims to be secured by 20%, Kock is obligated to release the part of the goods exceeding this percentage upon the customer's request.
4.2. The customer is obliged to handle the goods with care while the retention of title is in place. If maintenance or inspection work is required, the customer must carry it out at their own expense on a regular basis.
The customer must immediately inform Kock in writing of any third-party access to the goods subject to retention of title, especially if enforcement measures are taken, as well as of any damage or destruction of the goods. Any change of possession or address must also be reported immediately. The customer must reimburse Kock for any damage or costs arising from a violation of this obligation or any required intervention to prevent third-party access to the goods.
4.3. Kock is entitled to withdraw from the contract and reclaim the goods if the customer breaches the contract, particularly in case of payment arrears. Additionally, Kock is entitled to withdraw from the contract and reclaim the goods if the customer violates any obligation stated in Section 4.2 and Kock can no longer reasonably be expected to maintain the contract.
4.4. The customer is authorized to resell the goods in the ordinary course of business. The customer assigns to Kock, already now, all claims arising from the resale against a third party, up to the amount of the invoice value. Kock accepts this assignment. After the assignment, the customer is authorized to collect the claim. Kock reserves the right to collect the claim itself if the customer fails to fulfill their payment obligations properly and falls into arrears. The processing of the goods by the customer is always done on behalf of and for Kock. If the goods are processed, Kock acquires joint ownership of the new item in proportion to the value of the goods supplied by Kock. The same applies if the goods are combined or mixed with other items not owned by Kock.
5. Payment, Due Date, Default
5.1. The offered price is binding and excludes statutory VAT. In the case of a sale involving shipment, the price is exclusive of shipping costs.
5.2. The customer agrees to pay the price within ten days after receiving the goods. After this period, the customer falls into default. During the default period, the customer must pay interest on the debt at a rate of 8 percentage points above the base rate. Kock reserves the right to prove a higher default damage, which the customer must then compensate.
5.3. The customer is entitled to offset claims only if their counterclaims have been legally established or recognized by Kock. The customer can only exercise a right of retention if their counterclaim is based on the same contractual relationship.
6. Risk Transfer
6.1. The risk of accidental loss and deterioration of the goods passes to the customer upon delivery. In the case of a sale involving shipment, the risk passes to the customer when the goods are handed over to the carrier, freight forwarder, or other persons or institutions responsible for shipping. The transfer of risk is also considered to occur if the customer is in default of acceptance.
6.2. For downloads and transmission of data via the internet, the risk of loss and alteration of the data passes to the customer as soon as the data crosses the network interface.
7. Warranty
7.1. Kock provides a warranty for defects in the goods, at its discretion, either through rectification or replacement. The performance location for supplementary performance is the current business location of Kock at the time. The customer bears all costs associated with transporting the goods to and from Kock’s business location (e.g., transport costs).
7.2. If supplementary performance fails, the customer may choose to demand a reduction in the purchase price (abatement), cancellation of the contract (withdrawal), or compensation for damages. However, the customer has no right of withdrawal in the case of minor defects. If the customer chooses compensation for damages, the liability limitations in Sections 8.1 and 8.2 apply.
7.3. The customer must inspect the delivered goods immediately upon receipt for quality and quantity deviations and must report any visible defects to Kock in writing within one week of receipt of the goods. Otherwise, the warranty claim is excluded. Hidden defects must be reported to Kock in writing within one week of discovery. Timely dispatch of the notice is sufficient to meet the deadline. The customer bears the full burden of proof for all claim requirements, especially for the defect itself, the time of discovery, and the timeliness of the defect report.
7.4. The warranty period is one year from the delivery of the goods. The one-year warranty period also applies to used goods. It does not apply if Kock is at fault for gross negligence or intent, in cases of bodily injury or health damage caused by Kock, or in the event of the customer’s death. The liability of Kock under the Product Liability Act remains unaffected.
7.5. Kock does not provide any guarantees in the legal sense. Manufacturer guarantees remain unaffected.
8. Limitation of Liability
8.1. In the case of slight negligence, the liability of Kock, as well as that of its vicarious agents, is limited to the foreseeable, contract-typical, direct average damage.
For negligent breaches of non-essential contractual obligations, whose violation does not jeopardize the performance of the contract, neither Kock nor its vicarious agents are liable. The aforementioned liability limitations do not apply to claims of the customer arising from product liability or warranty. Further, the limitations do not apply to bodily injury or health damage caused by Kock or the death of the customer.
8.2. Kock is only liable for its own content on its website. If access to other websites is provided via links, Kock is not responsible for the content on those external websites. Kock does not adopt these external contents. If Kock becomes aware of illegal activities on external websites, it will block access to these sites immediately.
9. Data Protection
9.1. Kock informs the customer about the following data protection practices: In the event of a contract conclusion, Kock collects and processes the personal data provided by the customer in its system and uses this data for the duration of the contract execution, i.e., for order processing and billing. Personal data is any information that can identify a person directly or indirectly, such as name, address, email address, date of birth, occupation, bank details, etc. Kock will provide the customer with free access to the personal data stored about them. The customer can request Kock to correct, delete, or block their stored personal data at any time. Kock will provide the necessary personal data of the customer to the company appointed by Kock for credit checks and to avoid payment defaults. If necessary, Kock will provide the required personal data to the company appointed by Kock for the purpose and duration of the goods shipment.
9.2. The collection, processing, and use of personal data for marketing purposes requires the customer’s consent. The customer has the option to give this consent before placing the order. The customer has the right to withdraw consent at any time for future actions.
10. Final Provisions
10.1. The law of the Federal Republic of Germany applies; the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. The language of the contract is German.
10.2. If the customer is a merchant, a legal entity under public law, or a public law special fund, the exclusive place of jurisdiction for all disputes arising from this contract is the business location of Kock. The same applies if the customer has no general place of jurisdiction in Germany or if the customer's residence or habitual residence is unknown at the time of the filing of the lawsuit or the application for a payment order.
10.3. If individual provisions of the contract with the customer, including these terms and conditions, are or become wholly or partially invalid, the validity of the remaining provisions will not be affected. Kock and the customer agree to substitute an effective provision for the invalid one, which most closely reflects the intended economic and legal purpose of the invalid provision.