! This shop is exclusively for B2B customers!

Our General Terms and Conditions

General Terms and Conditions for the B2B Online Shop of the  

Kolk Imperium GmbH 

   

§ 1 General and business relations 

   

The following General Terms and Conditions apply to the contracts concluded via the online shop of Kolk Imperium GmbH, Ober Kochs 8-10, 54595 Pittenbach, represented by the management Mr. Nicolaas van der Kolk (hereinafter referred to as "Seller") and his customers (hereinafter referred to as "Buyer").  

   

I.  

   

Contracts are concluded exclusively with entrepreneurs.  

   

II.  

   

Warehousesales is exclusively a Business 2 Business (B-2-B) business model, which includes that only the products offered by the seller are sold to business customers. It is an online wholesaler through which the seller's extensive product range is offered.  

   

III.  

   

According to § 14 BGB (German Civil Code), an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and enter into liabilities.  

   

§ 2 Conclusion of the contract 

   

  1. All products, articles and services to be purchased within the scope of the Seller's online shop do not constitute binding offers by the Seller in the legal sense, but are in turn an invitation to the offer to the customers.  

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  1. By ordering goods, the buyer declares bindingly that he wants to purchase the ordered goods. The seller is entitled to accept the contract offer contained in the order within two weeks of receipt by the seller. Acceptance can be declared either in writing or by delivery of the goods to the entrepreneur.  

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  1. The conclusion of the contract is subject to correct and timely self-supply by the seller's supplier. This only applies in the event that the non-delivery is caused by an obstacle that is not represented by the seller, in particular if a congruent hedging transaction is concluded with our supplier. The buyer will be informed immediately about the unavailability of the service. The consideration will be refunded immediately, if already provided.  

   

§ 3 Default of acceptance 

   

If the buyer is in default with his obligation to accept the goods with proper provision, the seller is entitled to claim damages or to withdraw from the contract after expiry of a grace period of at least 10 days.  

   

§ 4 Registration and customer ordering process 

   

A purchase from the seller is only possible with an established customer account. This requires customer registration. For the successful creation of a customer account, the customer must present a current trade license as well as a valid VAT identification number and send this corresponding information to the seller. The transmitted data will then be checked for validity. Subsequently, the customer will be provided with a customer account if the verification of the trade license and the VAT identification has been positive.  

   

After successful activation of the customer account, the customer can select the desired products on the website on the online shops and place them in a virtual shopping cart. He is then guided through the payment system. He then selects all available payment methods. Following the order received and the verification of the availability of the desired goods, an invoice is automatically sent to the customer. After receipt of payment, the goods are ordered by the deposited supplier and then dispatched to the customer.  

   

§ 5 Prices, Payment  

   

  1. The seller issues the customer with an invoice for the ordered goods, which is enclosed with him either when the goods are delivered, received by e-mail or letter. Shipment is exclusively at the expense and risk of the buyer. The risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover or, in the case of sale by shipment, upon delivery of the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.  

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  1. The handover is the same if the buyer is in default of acceptance.  

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  1. Payment can be made optionally: prepayment, bank transfer, PayPal and SEPA direct debit. The customer is obliged to perform in advance. If no payment is received within seven days of receipt of the invoice, the order will automatically be deemed cancelled. The customer is obliged to pay in advance for all payment methods.  

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  1. In the case of a shipment purchase, the purchase price is plus the transport costs (see § 5 No. 1).  

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  1. In the event of default in payment, the seller is entitled to exclude the buyer from further deliveries, even if they have already been confirmed, and to assert a corresponding right of retention.  

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  1. If, after conclusion of the contract, it becomes apparent that our claim to the purchase price is endangered by the buyer's inability to pay (e.B. by filing for the opening of insolvency proceedings), we are entitled to refuse performance in accordance with the statutory provisions and, if necessary, to withdraw from the contract after setting a deadline (§ 321 BGB). In the case of contracts for the manufacture of unjustifiable items (custom-made products), we can declare withdrawal immediately; the statutory provisions on the dispensability of setting a deadline remain unaffected.  

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  1. If the Seller's supplier is unable to deliver a product, the Customer will be notified immediately. There will then be an immediate refund of the price of the non-deliverable product.  

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  1. The minimum order value is € 400.00.  

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  1. As soon as the order has been received by the seller, the invoice is automatically created. The customer will then receive these by e-mail. In the provided customer portal, the buyer can then access his billing data.  

   

§ 6 Delivery, transfer of risk 

   

  1. Shipment is exclusively at the expense and risk of the buyer. The risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover or, in the case of sale by shipment, upon delivery of the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.  

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  1. The handover is the same if the buyer is in default of acceptance.  

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  1. Detected transport damage must be reported immediately and the goods must be sent to the seller with a declaration of acknowledgement by the transport company and a declaration of assignment by the buyer. According to this, a replacement delivery can be made by the seller, provided that the conditions for a claim against the transport company are met and the buyer has handed over all necessary documents and information.  

   

§ 7 Offsetting and rights of retention 

   

The buyer is only entitled to set-off if his counterclaims have been legally established or are undisputed. The buyer is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.  

   

§ 8 Retention of title 

   

  1. The seller retains title to the goods until full payment of all claims arising from the delivery contract.  

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  1. The buyer is obliged, as long as the ownership has not yet passed to him, to treat the purchased item with care. In particular, he is obliged to insure them sufficiently at replacement value at his own expense against theft, fire and water damage. If maintenance and inspection work has to be carried out, the buyer must carry it out in good time at his own expense. As long as ownership has not yet passed, the buyer must notify the seller immediately in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the buyer is liable for the loss incurred.  

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  1. The buyer is entitled to resell the goods in the ordinary course of business. He hereby assigns to the seller all claims in the amount of the invoice amount that accrue to him as a result of the resale against a third party. The seller accepts the assignment. After the assignment, the buyer is authorized to collect the claim. The seller reserves the right to collect the claim himself as soon as the buyer does not properly meet his payment obligations and is in default of payment.  

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  1. The treatment and processing of the goods by the buyer is always carried out in the name and on behalf of the seller. If processing is carried out with objects that do not belong to the Seller, the Seller shall acquire co-ownership of the new item in proportion to the value of the goods delivered by the Seller to the other processed items. The same applies if the goods are mixed with other objects not belonging to the seller.  

   

§ 9 Warranty / Liability 

   

  1. In accordance with § 377 HGB (German Commercial Code), the Buyer must inspect the goods immediately after delivery by the Seller, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, notify the Seller immediately. If the buyer fails to notify, the goods shall be deemed to have been approved, unless it is a defect that was not recognizable during the inspection. If such a defect becomes apparent later, the notification must be made immediately after discovery. Otherwise, the goods shall also be deemed to have been approved in view of this defect. To maintain the rights of the buyer, the timely dispatch of the notification is sufficient. If the seller has fraudulently concealed the defect, he cannot rely on these regulations. The buyer shall bear the full burden of proof for all requirements for claims, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.  

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  1. For defects in the goods, warranty shall initially be provided at the seller's discretion by repair or replacement.  

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  1. If the supplementary performance fails, the buyer may, at his discretion, demand a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). However, in the event of a minor lack of conformity, in particular in the case of only minor defects, the buyer is not entitled to withdraw from the contract.  

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  1. If the buyer chooses to withdraw from the contract due to a defect after failed supplementary performance, he is not entitled to any additional claim for damages due to the defect. If the buyer chooses damages after failed supplementary performance, the goods remain with the seller if this is reasonable for him. The compensation is then limited to the difference between the purchase price and the value of the defective item. This does not apply if the seller or one of his vicarious agents has caused the breach of contract through gross negligence, intent or even fraudulentness 

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  1. The limitation period for warranty claims against entrepreneurs is one year for both newly manufactured items and used items. The statute of limitations for claims for damages in the event of injury to life, limb or health, which are based on an intentional or negligent breach of duty by the seller or on an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller, remains unaffected. Furthermore, the statute of limitations for claims for damages in the event of other damages based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the seller remains unaffected. If the seller negligently violates an essential contractual obligation, the statute of limitations for claims for damages also remains unaffected. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.  

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  1. In addition, any liability under the Product Liability Act remains unaffected. In all other respects, the statutory provisions shall apply.  

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  1. In principle, only the product description of the seller or the manufacturer shall be deemed to have been agreed as the quality of the goods. In addition, public statements, promotions or advertising by the manufacturer do not constitute a contractual specification of quality.  

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  1. The buyer does not receive any guarantees in the legal sense from the seller. Manufacturer's warranties remain unaffected by this.  

   

§ 10 Further information obligations for distance contracts and for electronic commerce 

   

1. Technical steps for the conclusion of the contract/ordering process 

   

Please read the Terms and Conditions carefully. You can only proceed with the order and bring it to a successful conclusion if you agree to the terms and conditions (tick the box). After you have successfully completed the registration process and your customer account has been created, you are activated for sales.  

   

Select the products you want to order by clicking on the "Add to Cart" button. This will place your selection in the shopping cart.  

   

You can change this selection at any time until you submit your order by changing the number of products, deleting the selection by clicking on the "Remove item" button or cancelling the order process.  

   

By clicking on the button "Proceed to checkout" you will be taken to the next order step.  

   

In the next step, you can select the desired payment and shipping method. By clicking on the button "Continue in order" you will be taken to the next order step.  

   

You will receive an overview of your order: The selected products, the shipping and billing address and your contact details. Please read the Terms and Conditions carefully. You can only proceed with the order if you agree to the terms and conditions (check the box). By clicking on the button "Order with obligation to pay" you send your order to us. You hereby make a legally binding offer.  

   

2. Storage of the contract text after conclusion of the contract as well as accessibility for the customer 
 

   

The text of the contract as well as your order details are stored by the seller. After completing the order you have placed, you will receive a clear order confirmation containing all the information about your order. Furthermore, it is possible to print the contract text via the print functions of the browser. Your order data can also be found separately in the e-mail sent to you. In addition, the Seller shall send the Buyer the terms of the contract by e-mail at any time upon request.  

   

3. Possibility of correction of input errors 

   

Before placing the order, it is possible to correct your entries at any time.  This can be done on the one hand by the "back button" or the "back arrow" of your Internet browser. You can correct corrections either directly on the individual offer pages in the existing input fields. Furthermore, it is possible to update the products or to delete individual products within the virtual shopping cart. All these correction options exist up to and including the submission of the binding offer via the button "Order with obligation to pay".  

   

4. Contract language 

     

The contract language is exclusively german 

   

5. Codes of conduct 

   

The Seller has not submitted to any relevant codes of conduct.  

   

6.    Bestellungsbestätigung 

   

After sending the offer by the customer, he will receive a confirmation email, which does not yet constitute acceptance of the contract.  

   

7. Complaints and warranties 

   

Complaints, such as warranty claims in particular, must be addressed to the seller.  

   

8. Essential characteristics of the goods 

   

The essential characteristics of the goods can be found in the item description. This also applies to the period of validity of any limited-term offers.  

   

§ 11 Duty to provide information in accordance with the Battery Act (BattG) 

   

In connection with the sale of batteries or accumulators or with the delivery of devices containing batteries or accumulators, we are obliged in accordance with the Battery Ordinance to point out the following: Batteries may not be placed in household waste. You are legally obliged to return used batteries as an end user. You can return batteries free of charge after use in the point of sale or in its immediate vicinity (e.B. in municipal collection points or in the trade). You can also return batteries from our range in the usual quantity to us by post. Batteries or accumulators containing harmful substances are marked with the symbol of a crossed-out garbage can. Near the garbage can symbol is the chemical name of the pollutant. "Cd" stands for cadmium, "Pb" for lead, "Hg" for mercury, "Li" for lithium, "Ni" for nickel, "Mh" for metal hydride and "Zi" for zinc. The signs under the garbage cans stand for:Pb: Battery contains more than 0.004 percent by mass BleiCd: Battery contains more than 0.002 percent by mass CadmiumHg: Battery contains more than 0.0005 percent by mass of mercury  
 
 
 

   

 

   

The symbol of the crossed-out garbage cans means that the battery must not be placed in the household waste.  

   

Further detailed information on the Battery Act can also be obtained from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.  

   

   

§ 12 Act on the Placing on the Market, Take-Back and Environmentally Compatible Disposal of Electrical and Electronic Equipment 

   

Since 13 August 2005, manufacturers have had to take back old electrical appliances placed on the market free of charge. Manufacturers must mark their electrical and electronic equipment placed on the market after 23 November 2005 with a symbol (crossed-out wheeled bin). As a dealer, we are legally obliged to inform you that such waste equipment is not to be disposed of as unsorted municipal waste, but must be collected separately and disposed of via the local collection and return systems. In accordance with the "ElektroG" act of 23 March 2005, from 25 November 2005 we will only sell electrical and electronic equipment from manufacturers who have registered accordingly with the competent authority and can prove an insolvency-proof guarantee for the financing of the return and disposal of their electrical appliances.  

   

§ 13 Schlussbestimmung 

   

1. The law of the 
Federal Republic of Germany shall apply to the contractual relationship between the seller and the customer as well as to the respective terms and conditions. 

   

2. The exclusive place of jurisdiction for all disputes arising from this contract is our place of business, provided that the buyer is a merchant within the meaning of the HBG. 

   

 

 

More information

Identity of the seller

Kolk Imperium GmbH
Ober Kochs 8-10
DE 54595 Pittenbach
Phone: +49 (0) 6556 9005 766
Email: info@warehousesales.de

Out-of-court dispute resolution to Art. 14 para. 1 of Regulation ODR

The European Commission provides a platform for online dispute resolution which you can find under https://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in an online dispute resolution at a consumer arbitration agency.

Ordering process

Products you can put obligation by clicking the buttons in the cart. The contents of the basket can be at any time by clicking on the "To shopping cart / Checkout now". The products can be at any time by clicking the button or by entering the quantity 0 in the quantity field of the shopping cart position again remove from the cart. If you want to buy the products in your cart, click "Checkout now" button.
Please then enter your data. The mandatory fields are marked with a *. Your data is encrypted for transmission.
After entering your data, select the payment method and time of delivery will take you to the order page where you can check your entries again. By clicking the "Buy with payment" you complete the ordering process. The process can be interrupted at any time by closing the browser window. On the individual pages for more information, such as to corrections.

Contract text

The contract text is stored on our internal systems. The general terms and conditions, you may at any time on this page. The order information will be sent to you via e-mail. Your last order data can be found in our customer login area.