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Term of sales

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers or traders.

Consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession; Trader means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

These terms also apply to traders for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any trader.

2. Contractual partner, formation of contract

The purchase contract is concluded with KATEUROPEGMBH S.XXI, S.L..

The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

3. Contract language, saving of the contract text

The languages available for concluding the contract are German and English.

We save the text of the contract and forward the order data and our T&Cs to you by e-mail. You may also view the text of the contract in our customer login area.

4. Delivery conditions

The shipping to Netherlands is free of charge:

We only dispatch goods en route; pick up by the customer is not possible.

We do not deliver to post boxes.

5. Payment

The following payment methods are basically available in our online shop.

Credit Card
With the submission of the order, you are sending us your credit card details at the same time.

After your identification as the legal cardholder, the payment transaction is automatically carried out by the credit card company and charged to your card.

PayPal
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction.

Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.

6. Right to cancel

You are entitled to the statutory right to cancel as described in the instructions on the right to cancel.

7. Retention of title

The goods shall remain our property until full payment is made.

For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.

8. Damage during delivery

If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

9. Warranty and guarantees

We are under a legal duty to supply products that are in conformity with this contract. Statutory rights shall apply with respect to liability for defects.

For traders, the limitation period for claims for defects is one year from transfer of risk; the statutory limitation periods for the recourse claim remain unaffected.

With respect to traders, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements.

If the delivered item is defective, we may initially choose, with respect to businesses, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion.

The aforementioned restrictions and shortened time limit do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents

  • for injury to life, limb or health
  • for deliberate or grossly negligent breach of duty, as well as fraud
  • for breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with
  • within the context of a guarantee commitment, where agreed.

Information about additionally applicable guarantees and their precise conditions can be found next to the product or on distinct information pages in the online shop, if applicable.

10. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents

  • for injury to life, limb or health
  • for deliberately or grossly negligent breach of duty
  • for guarantee commitments, where agreed
  • insofar as the scope of application of the Consumer Rights Act 2015 is open
  • in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.

For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.

Ceteris paribus, claims for compensation for damages are excluded.

11. Online dispute resolution

The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.

Instructions on cancellation

Right to cancel

You have the right to cancel this contract within one month without giving any reason.

The cancellation period will expire after one month from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right to cancel, you must inform us (KATEUROPEGMBH S.XXI, S.L., Calle Velázquez 17 – 5ºD, 28001 Madrid, Spain; info@kateurope.com; Phone: +34 678 08 10 18) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us),without undue delay and not later than 14 days after the day we receive back from you any goods supplied or (if earlier) 14 days after the day you provide evidence that you have returned the goods or if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us or ADH Automotive Dienstleistungen u. Handel UG (Hüstener Str. 34, 59821 Arnsberg, Germany) without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model cancellation form

(If you want to cancel the contract, please fill out the form below and send it back to us)

— To KATEUROPEGMBH S.XXI, S.L., Calle Velázquez 17 – 5ºD, 28001 Madrid, Spain; info@kateurope.com:

— I / We[*] hereby give notice that I /We[*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service[*]

— Ordered on [*] / received on [*]

— Name of consumer(s)

— Address of consumer(s)

— Signature of consumer(s) (only if this for is notified on paper)

— Date

[*] Delete as appropriate