Terms of service
General terms and conditions and customer information
General terms and conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you enter into with us as a provider (Ancor Management AG) via the www.kaifenergy.com website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Conclusion of the contract
1 The subject of the contract is the sale of goods. 2.
2. by placing the respective product on our website, we make you a binding offer to conclude a contract under the terms and conditions stated in the item description.
The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". Via the corresponding button in the navigation bar you can call up the "shopping cart" and make changes there at any time. After calling up the page "pay now" and entering the personal data as well as the payment and shipping conditions, the order is triggered. If you use an instant payment system (e.g. Apple Pay / Google Pay / Pay Pal) as a payment method, you will be redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page. Before sending the order, you have the opportunity to check all the information again, change it (also via the "back" function of the Internet browser) or cancel the purchase. By sending the order via the "pay now" button, you declare the legally binding acceptance of the offer, whereby the contract is concluded. 4.
4. your inquiries for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 4 Special agreements on payment methods offered
1 Credit assessment If we make advance payments, e.g. in the case of payment by invoice or direct debit, your data will be passed on to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, Germany, for the purpose of credit assessment on the basis of mathematical-statistical procedures in order to protect our legitimate interests. We reserve the right to refuse you the payment method on account or direct debit as a result of the credit check.
2 SEPA direct debit (basic and/or company direct debit) When paying by SEPA basic direct debit or by SEPA company direct debit, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account. The direct debit will be collected within 4 days after the conclusion of the contract. The period for the transmission of the advance notice (pre-notification) is reduced to 5 days before the due date. You are obliged to ensure that there are sufficient funds in your account on the due date. In the event of a return debit note due to your fault, you shall bear the bank charges incurred.
§ 5 Right of retention, retention of title
You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
The goods remain our property until the purchase price has been paid in full. 3.
3. if you are an entrepreneur, the following applies in addition.
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 6 Warranty
(1) The statutory rights of liability for defects shall apply.
As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims. 3.
(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions.
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the case of rectification of defects, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply: - for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence; - insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item; - in the case of items which have been used for a building in accordance with their customary manner of use and have caused its defectiveness; - in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
§ 7 Choice of law, place of performance, place of jurisdiction
1 German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favourability principle). 2.
The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. This shall not affect the right to bring an action before the court at another statutory place of jurisdiction. 3.
The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 8 Protection of minors
1. when selling goods which are subject to the regulations of the law for the protection of minors, we only enter into contractual relations with customers who have reached the legally prescribed minimum age. existing age restrictions are pointed out in the respective article description.
By sending your order, you assure that you have reached the legally required minimum age and that the information you have provided regarding your name and address is correct. You are obliged to ensure that only you or persons authorised by you to receive the delivery who have reached the legally prescribed minimum age take delivery of the goods. 3.
Insofar as we are obliged by law to carry out an age check, we shall instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have the identity card of the person taking delivery of the goods shown for the age check. 4.
(4) If we indicate in the respective item description that you must be at least 18 years of age to purchase the goods, the above paragraphs (1) to (3) shall apply with the proviso that the age of majority must be present instead of the minimum age required by law.
II. customer information
1. identity of the sellerAncor Group GmbH
Register entry: Entry in the commercial register.
Register court:Local court Ulm
Register number: HRB 734998
Sales tax identification number: DE 286 032 888
Responsible for the content according to § 55 Abs. 2 RStV:Dennis Eberle
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I).
3 Contract language, storage of contract text
3.1 The contract language is German.
3.2 The complete contract text will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail. 3.3.
3.3 In the case of quotation requests outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4 Essential characteristics of the goods or services
The essential features of the goods and/or services can be found in the respective offer.
5. prices and payment modalities
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless delivery free of shipping costs has been promised.
5.3 If the delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you. You shall also bear any costs incurred for the transfer of funds in cases in which the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.4 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. terms of delivery
6.1 The terms of delivery, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment. If you are an entrepreneur, the delivery and shipment shall be at your risk.
6.3 The ordered delivery quantity in cans is decisive. The packaging may vary depending on the ordered quantity.
7. legal liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).