General Terms & Conditions

Scope & Defense Clause

(1) For the business relationship between Kremer Pigmente GmbH & Co. KG and the customers of the Online-Shop only the following General Terms and Conditions apply exclusively in the applicable version on the order date. When placing an order these terms and conditions are recognized as valid by the customer.

(2) Deviating terms and conditions of the customer shall apply only subject to our written consent to same.

Conclusion of the Agreement

(1) The presentation of the goods in the Online-Shop does not represent a binding offer of the offerer on conclusion of a sales contract. The customer is asked hereby merely to hand over an offer through an order.

(2) By sending the order in the Online-Shop the customer gives a binding offer which is directed towards the conclusion of a sales agreement about the goods contained in the shopping cart. At the time of sending the order the customer accepts also those terms and conditions as solely relevant for the legal relationship with Kremer Pigmente GmbH & Co. KG.

(3) Kremer Pigmente GmbH & Co. KG confirms the income of the customer's order by sending a confirmation e-mail and the Terms and Conditions plus Right of Revocation. This confirmation of order does not demonstrate the acceptance of the contract-offer through the supplier yet. It merely serves as information to the customer that the order has reached the supplier. The declaration of acceptance of the contract-offer is effected through delivery of the good or an explicit declaration of acceptance.

Reservation of Proprietary Rights

The merchandise delivered remains the property of Kremer Pigmente GmbH & Co. KG until complete payment.

Terms of Shipment and Payment, New Customers

(1) The shipment of goods ordered is always at the Client's risk and expense. Minimum order amount is the smallest available quantity.

(2) As of an order of 250 Euro, we only supply domestic new customers with prepayment or their credit card details. We only supply new customers from a foreign country with prepayment or their credit card details. If you choose the prepayment option, please wait until you receive the total amount (including shipping costs) from us.

(3) Identity and address of the seller is Kremer Pigmente GmbH & Co. KG, Hauptstraße 41-47, 88317 Aichstetten, Germany. Managing Director Dr. Georg Kremer. Further details can be found in the imprint.

Offer, Withdraw from the Agreement

Offers made to purchasers, that are not consumers, are non-binding as long as the purchaser has not explicitly accepted them. Even after conclusion of agreement we will be entitled to terminate the agreement, if the delivery becomes impossible for circumstances on our part. In this event we undertake to inform you without delay about the non-availability of the ordered goods. We also return any payments made without delay.

Price Indications

(1) All information is without guarantee. By erroneous price data and availability is no claim for delivery.

(2) The prices specified are gross end-prices and include the legal value added tax. The statutory value added tax will not be charged for:

deliveries outside the EU
deliveries inside the EU, but outside Germany, with the existence of an EC-VAT-Number.

Orders

(1) You may add a product to your shopping cart by clicking on the button. The contents of the cart can be edited and deleted. When ordering, please enter your personnel data, choose the methods of payment and shipping and accept our terms of trade. You may cancel or exit at any time. Your order is valid once you click "Confirm purchase".

(2) The prices and information provided within this Online-Shop are not lawfully binding. By submitting your order you will be ordering the items listed in your cart and sending us your personal data. The order will be binding once sent. You will receive our order confirmation automatically. The contract will be effective with the confirmation of your order resp. shipping of the goods.

Shipping Rates

(1) The shipping rate depends on the weight and volume and method of shipping. It also depends on legal restrictions for hazardous products. Shipping charges vary - please ask for the actual costs. We will let you know the total amount of your order in case of advance payment.

(2) Please make sure to add about 10% to the net weight of your order to determine the gross weight of the package, e.g. 8 kgs of products are about 8.8 kgs total shipping weight.

Delivery

We do deliver world-wide. The estimated delivery time within Germany is 2 - 3 working days, within the European Union about 2 weeks, to the US about 1 week. World-wide shipping rates and delivery time on request.

Safety Data

If your order contains hazardous material you can find the material safety data sheets in our Online-Shop on the product page. You are required to read the material safety data sheets prior to your purchase.

Due Date

The payment of the purchase price is due with contract conclusion. Methods of payment within Germany are by bank transfer, by credit card or by prepayment. Methods of payment for other countries are by bank transfer or by credit card.

Warranty

(1) The client's right of warranty comply with the general legal prescriptions, except as defined otherwise consecutively.

(2) The limitation period for guarantee claims of the client is two years for customers for brand-new goods and 1 year for used goods. The limitation period to employers for brand-new goods is one year, for used goods 6 months. The above mentioned shortening of the statutory limitation does not apply for claims for indemnity of the client due to an injury to life, body or health as well as for claims of indemnity due to an injury of essential contractual obligations. Essential contractual obligations are those whose completion is necessary in order to reach the aim of the contract. The above mentioned shortening of the statutory limitation does not apply either for claims for indemnity, which are based on an intentional or grossly negligent breach of duty of the supplier, his legal representative or assistants.

(3) A guaranty is not taken over by Kremer Pigmente GmbH & Co. KG.

Liability Exclusion

(1) Client's claims for indemnity are excluded as far as subsequently nothing else is defined. The above mentioned liability exclusion is also valid in favour of the legal representation and assistant of Kremer Pigmente GmbH & Co. KG, in case the client puts in a claim against them.

(2) Claims of indemnity due to an injury to life, body and health as well as for claims of indemnity due to an injury of essential contractual obligations are excluded from the under number 1 determined liability exclusion. Essential contractual obligations are those whose completion is necessary in order to reach the aim of the contract. Likewise excluded from the liability exclusion is the liability for damages, which are based on an intentional or grossly negligent breach of duty of the supplier, his legal representative or assistants.

(3) Instructions of the product liability act (ProHaftG) remain unaffected.

Ban of assignment and pledging

The assignment or pledging of the client against claims or rights owing to Kremer Pigmente GmbH & Co. KG is barred, unless Kremer Pigmente GmbH & Co. KG accepts in writing. Kremer Pigmente GmbH & Co. KG is only obliged to accept if the client proves a legitimate interest in the assignment of the pledging.

Set-off

The client's right to set-off exists only, if his claim provided for set-off has been legally ascertained or if it is indisputable.

Choice of law/legal venue

(1) To the contractual relationships between Kremer Pigmente GmbH & Co. KG and the customer are governed by the law of the Federal Republic of Germany. Exceptions to this choice, the mandatory rules on consumer protection in the country in which the customer has his habitual residence. The UN Convention on the International Sale of Goods shall be excluded.

(2) Venue for all of the disputes arising from the contractual relationship is, provided the buyer is a merchant, the head office of Kremer Pigmente GmbH & Co. KG Aichstetten.

(3) The contract language is German.

Your return guarantee

(1) Non-commercial and non-professional users may revoke the contract in writing within 2 weeks after transmitting the order without given reasons or by returning the products. The period starts after receipt of the products. The return guarantee does not apply to books, color charts and custom-made products.

(2) Please return the goods originally packed to Kremer Pigmente GmbH & Co. KG.

KREMER PIGMENTE GmbH & Co. KG, Hauptstr. 41 - 47, DE-88317 Aichstetten
Phone + 49 - 7565 - 914 480, Fax + 49 - 7565 -1606, E-mail: info@kremer-pigmente.de
President: Dr. Georg Kremer, David Kremer, Tax-no.: 91070/51653, EC-VAT.: DE 814 198 081, Registergericht Ulm HRA 610432

Severability clause

Should one clause of the Terms and Conditions be invalid, the validity of the remaining clauses is not struck there from.