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Terms & Conditions

 

Terms & Conditions

BACKGROUND:

This agreement applies as between you, the User of this Website and KW Commerce GmbH, the owner of this Website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1.            Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:   

2.            Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

3.            Business Customers

These Terms and Conditions also apply to customers buying Goods in the course of business.

4.            Intellectual Property

4.1          Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of KW Commerce GmbH, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable Germany and International intellectual property and other laws.

4.2          Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by KW Commerce GmbH. 

5.            Third Party Intellectual Property

5.1          Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2          Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

 

6.            Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7.            Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of KW Commerce GmbH or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8.            Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.germancarmarket.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of KW Commerce GmbH.  To find out more please contact us by email at w.koester@germancarmarket.com.

 

9.            Use of Communications Facilities

9.1          When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

9.1.1     You must not use obscene or vulgar language;

9.1.2     You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.1.3     You must not submit Content that is intended to promote or incite violence;

9.1.4     It is advised that submissions are made using the English, French, German languages as we may be unable to respond to enquiries submitted in any other languages;

9.1.5     The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

9.1.6     You must not impersonate other people, particularly employees and representatives of KW Commerce GmbH or our affiliates; and

9.1.7     You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

9.2          You acknowledge that KW Commerce GmbH reserves the right to monitor any and all communications made to us or using our System.

9.3          You acknowledge that KW Commerce GmbH may retain copies of any and all communications made to us or using our System.

9.4          You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

 

10.         Accounts

10.1       In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase.  By continuing to use this Website you represent and warrant that:

10.1.1   all information you submit is accurate and truthful;

10.1.2   you have permission to submit Payment Information where permission may be required; and

10.1.3   you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

10.2       It is recommended that you do not share your Account details, particularly your username and password.  KW Commerce GmbH accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3       If you have reason to believe that your Account details have been obtained by another without consent, you should contact KW Commerce GmbH immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, KW Commerce GmbH accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

10.4       When choosing your username you are required to adhere to the terms set out above in Clause 10.  Any failure to do so could result in the suspension and/or deletion of your Account.

 

 

 

11.         Termination and Cancellation

11.1       Either KW Commerce GmbH or you may terminate your Account.  If KW Commerce GmbH terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

11.2       If KW Commerce GmbH terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.

11.3       KW Commerce GmbH reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

11.4       If purchases are cancelled by KW Commerce GmbH for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

11.5       If you terminate your Account any non-dispatched purchases will not be cancelled and you will not be refunded any monies paid in relation to those purchases.

 

12.         Goods, Pricing and Availability

12.1       Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from KW Commerce GmbH correspond to the actual Goods, KW Commerce GmbH is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.

12.2       Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.

12.3       KW Commerce GmbH does not represent or warrant that such Goods will be available.  Stock indications are provided on the web site, however these may not take into account sales that have taken place during your visit to the web site.

12.4       All pricing information on the Website is correct at the time of going online.  KW Commerce GmbH reserves the right to change prices and alter or remove any special offers from time to time and as necessary.  All pricing information is reviewed and updated every day.

12.5       In the event that prices are changed during the period between an order being placed for Goods and KW Commerce GmbH processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

12.6       All prices on the Website do not include VAT.  KW Commerce GmbH’s VAT number is Ust. Id Nr. DE 283144176.

12.7       Cost of shipment can vary from the one indicated on the invoice based on the size of your vehicle for example Bus, Trucks, and Vans. However, salon cars mini vans and pick-up may stay the same as indicated on your invoice.  

 

13.         Delivery

13.1       KW Commerce GmbH will notify you by way of email when your goods are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you. You can also track your order by logging on with your user name and password.

13.2       If KW Commerce GmbH receives no communication from you, within 2 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

 

14.         Returns Policy Apply Only To New Goods

KW Commerce GmbH aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, new goods may need to be returned.  Returns of New goods are governed by these Terms and Conditions.

14.1       If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return.  KW Commerce GmbH is not  responsible for paying the return shipment costs.  You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.  Refunds and replacements will be issued upon our receipt of the returned Goods. This is applicable only with New Goods

14.2       If any New Goods you have purchased have faults when they are delivered to you, you should contact KW Commerce GmbH within 14 days to arrange collection and return.  KW Commerce GmbH is not responsible for paying shipment costs.  Goods must be returned in their original condition with all packaging and documentation.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

14.3       If any New Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.

14.4       If New Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged.  In any event, you should report such damage to KW Commerce GmbH at the port. KW Commerce GmbH   is responsible for paying shipment costs.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

14.5       If you wish to return New Goods to KW Commerce GmbH for any of the above reasons, please contact us using the details on the contact page to make the appropriate arrangements.

14.6       Used Goods purchased on this website are not returnable whatsoever. If you have this in mind stop using this site immediately.

14.7       KW Commerce GmbH reserves the right to exercise discretion with respect to any returns under these Terms and Conditions.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

14.7.1   Any use or enjoyment that you may have already had out of the Goods;

14.7.2   Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

14.7.3   The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;

14.7.4   Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

 

15.         Disclaimers

15.1       KW Commerce GmbH makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

15.2       No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

15.3       No part of this Website is intended to constitute a contractual offer capable of acceptance.

15.4       Whilst KW Commerce GmbH uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

16.         Changes to the Service and these Terms and Conditions

KW Commerce GmbH reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If KW Commerce GmbH is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

17.         Availability of the Website

17.1       The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

17.2       KW Commerce GmbH accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

18.         Limitation of Liability

18.1       To the maximum extent permitted by law, KW Commerce GmbH accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

18.2       Nothing in these Terms and Conditions excludes or restricts KW Commerce GmbH’s liability for death or personal injury resulting from any negligence or fraud on the part of KW Commerce GmbH.

18.3       Nothing in these Terms and Conditions excludes or restricts KW Commerce GmbH’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

18.4       Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

19.         No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy. 

20.         Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. 

21.         Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and KW Commerce GmbH.

22.         Communications

22.1       All notices / communications shall be given to us either by post to our Premises (see address above) or by email to customercare@germancarmarket.com.  Such notice will be deemed received 21 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

22.2       KW Commerce GmbH may from time to time send you information about our products.  If you do not wish to receive such information, please send an email to customercare@germancarmarket.com.

23.         Law and Jurisdiction

These Terms and Conditions and the relationship between you and KW Commerce GmbH shall be governed by and construed in accordance with the Law of Germany and KW Commerce GmbH and you agree to submit to the exclusive jurisdiction of the Courts of Germany.