Conditions of Use

Terms and Conditions

§ 1 Scope of conditions
(1) The supply, service and offers of the Vendor are exclusively based on these General Terms and Conditions. This will thus also apply to all future General Terms and Conditions, even if they are not expressly agreed again.
The conditions shall be regarded as having been accepted at the latest upon receipt of the goods or service. Counter-confirmations by the Purchaser with reference to his Purchasing or General Terms and Conditions are hereby expressly revoked.
(2) Deviations from the General Terms and Conditions shall only be effective if confirmed in writing by the Vendor.

§ 2 Offer and conclusion of contract
(1) The offers of the Vendor are subject to change without notice and not binding. To become legally binding, acceptance declarations and any orders require the written or telex/fax confirmation from the vendor. The same applies for any amendments, changes or ancillary agreements.
(2) Drawings, figures, dimensions, weights or other performance data shall only be binding, if expressly agreed in writing.
(3) The sales agents of the vendor are not authorised to enter into verbal ancillary agreements or give verbal assurances exceeding the contents of the written agreement.
(4) Where the Vendor provides the Purchaser with samples, these shall remain the property of the Vendor until full payment has been received. Where after the signing of the agreement, the Vendor becomes aware of certain facts, in particular default in payment with regard to earlier deliveries, which based on due commercial discretion indicate a considerable deterioration in the company’s assets, the Vendor shall be entitled to demand prepayment or respective guarantees or may rescind from the agreement if the latter cannot be provided. Payment for any partial deliveries already supplied shall be due immediately.

§ 3 Prices
(1) The Vendor’s prices are – unless expressly invoiced differently – in EURO plus VAT, ex works and including packaging and freight. In the event where after the signing of the agreement, the vendor experiences a considerable increase in cost, e.g. due to price increases of suppliers, the Vendor shall be entitled to adapt the prices accordingly for deliveries supplied four months after the signing of the agreement. Where, as a result, the price is increased by over 10%, the Purchaser shall be entitled to rescind from the contract.
For domestic orders, the Vendor grants payment terms of 30 days net from the date of invoice or 2% discount in case of payment within 10 days. The discount shall only be granted in case that the Purchaser is not in default of payment for earlier deliveries.
For international orders, individual agreements shall apply.
Payments based on cheque and bill transactions must be agreed separately. Credit notes for cheque and bill transactions are issued less expenditure and at the value on the day on which the countervalue is available to the Vendor.
(2) Irrespective of the maturity period of any bills taken as deposit or credited, any receivables of the Vendor shall become due immediately if payment conditions have not been complied with or facts have become known that indicate a considerable deterioration in the company’s assets. In the latter case, the Vendor shall be entitled to ask for a prepayment or the provision of respective guarantees for further deliveries.
Where the Purchaser defaults on payment, the Vendor shall, as of the respective date, be entitled to charge interest at the interest rate charged by commercial lenders for any outstanding amounts plus statutory VAT. A lower interest rate shall be charged where the Purchaser can prove that the actual cost to the Vendor is lower.
The Purchaser shall only be entitled to offset, retain or reduce payments, even if defects, complaints or counterclaims are enforced, if such counterclaims are legally enforceable or are undisputed. Purchasers shall not be entitled to deduct any amounts for the disposal of packaging material.

§ 4 Retention of ownership
(1) Until all outstanding amounts have been received (including any balances from the current account), which the Vendor is entitled to receive from the Purchaser at the present time or in future and for any legal reason, the Vendor shall receive the following guarantees, which the Vendor shall release upon request and according to his choice, if the value of the guarantees actually exceeds the outstanding amount by over 20%.
(2) The goods shall remain the property of the Vendor. Processing or conversions are always carried out for the Vendor as the manufacturer but do not result in any obligations for the Vendor. Where the Vendor’s (co-)ownership ceases as a result of a merger, it shall be already agreed at this stage that the prorata value (invoice value) of the (co-)ownership of the Purchaser in the common object of the shall be transferred to the Vendor. The Purchaser shall look after the (co-)ownership of the Vendor free of charge. Goods, where the Vendor is entitled to (co-)ownership, are hereinafter referred to as conditional goods.
(3) The Purchaser shall be entitled to process or sell the conditional goods as part of his normal business, provided he is not in default of payment. Pledges or assignments as security are not permissible. Any claims arising from the sale to third parties or any other legal reason (insurance, unlawful act) with regard to the conditional goods (including outstanding balance from the current account) shall already now be fully transferred by the Purchaser to the Vendor as security. The Vendor shall revocably authorise the Purchaser to collect the receivables transferred to the Vendor on his account and in the Purchaser’s own name. The collection authorisation may only be withdrawn, if the payment obligations are not met by the Purchaser as stipulated.
(4) Where the conditional goods are acquired by third parties, the Purchaser shall point out that the goods are the property of the Vendor and shall inform the Vendor immediately.
(5) Where the Purchaser infringes the regulations of the contract – in particular defaults on payment – the Vendor shall be entitled to take back the conditional goods or demand that the Purchaser transfers his rights to recover possession from third parties to the Vendor. The recovery or attachment of the conditional goods by the Vendor shall – unless the Consumer Credit law applies - not constitute a rescission from the contract.

§ 5 Payment
(1) The Vendor shall be entitled to offset any payments against existing debts – contrary to any other regulations of the Purchaser. Where costs and interest have already arisen, the Vendor shall be entitled to first offset the payment against costs, then against any interest and lastly against the main performance.
(2) Payment is only deemed to have been made once the total amount is available to the Vendor. In the event of payment by cheque, payment is only deemed to have been received once the cheque has been cleared.

§ 6 Transfer of risk
(1) The risk is transferred to the Purchaser as soon as the shipment is handed over to the person handling the transport or has left the Vendor’s store for forwarding. Where dispatch is not possible without any fault of the Vendor, the risk is transferred to the Purchaser upon notification that the goods are ready for shipment.

§ 7 Guarantee
(1) The Vendor shall guarantee for the period specified by law that the products are free from any manufacturing or material defects.
The safety instructions enclosed with our products must be complied with. Our products may only be used for parades and not for fights or staged fights.
The Purchaser shall notify the Vendor of any apparent and/or detectable faults, incorrect amounts or incorrect deliveries within seven days and, in any case, prior to use or processing.
This shall not affect any further obligations of the Purchaser according to §377 and §378 of the German Commercial Code (HGB).
(2) The guarantee period shall commence on the date of delivery. Where operating or maintenance instructions of the Vendor are not followed or where products are modified or parts are used that do not meet the original specification, any guarantee becomes null and void. In the event of justified complaints, the Vendor shall be entitled to either
- request that the faulty part or device is either sent to the Vendor for repair and then returned to the Purchaser;
- ask the Purchaser to hold on to the faulty part or device until an employee of the Vendor carries out the repair at the Purchaser’s site.
(3) Where the repair has not been completed within an appropriate time, the Vendor shall be entitled to either replace the part or device or to issue a credit note.
(4) In order for the vendor to carry out the repair, the Purchaser shall provide the due time and opportunity for making available the object in question or a sample thereof. Failure to comply with this point makes the guarantee null and void. Where the Vendor believes that the complaint is unjustified, the Vendor shall be entitled to obtain an expert opinion.
(5) Where the Vendor has not remedied the defect after an appropriate period of grace or has provided a replacement for the defective object or it is impossible to provide a replacement or the Vendor refuses to provide a replacement, the Purchaser shall be entitled to either rescind from the contract or demand a reduction of the purchase price.
(6) The Vendor shall not be liable for any normal wear and tear, natural deterioration and any damage caused by incorrect use or manipulation established during examination of the object in the Vendor’s works.
(7) Only the Purchaser shall be entitled to guarantee claims against the Vendor. These rights are not transferable.
(8) The above paragraphs contain all guarantees for the products and exclude any other type of guarantee claims.

§ 8 Data protection
We are only using your inventory data for processing your order. All customer data is stored and processed in accordance with the relevant regulations of the Federal Data protection Act (BDSG) and the Tele Services Data Protection Act (TDDSG).
You are at all times entitled to request free information, correction, blocking or deletion of your saved data.
Please forward any request by email, post or fax:

WKC Stahl- und Metallwarenfabrik
Hans Kolping GmbH & Co. KG
Wittkullerstr. 140
D-42719 Solingen
Tel: +49 212 - 31 20 77
Fax: +49 212 - 31 61 83

We shall not pass on your personnel data including your home address and email address to third parties without your express permission, which can be revoked at any time. The only exception is our service partners, requiring the data for processing the order (e.g. the shipping company handling the delivery and the bank handling the payment). In these cases the transferred data are, however, limited to the required minimum.
We are using technical and organisational protection measures to protect your data against accidental or intentional manipulation, loss, destruction or access by unauthorised persons.
Payment data is encoded with 128 bit SSL for transmission.
The Purchaser is hereby informed that the Vendor processes any data obtained as part of the business relationship in accordance with the stipulations of the Federal Data Protection Act.

§ 9 Applicable law, jurisdiction, partial nullity
(1) The jurisdiction of the Federal Republic of Germany, the German Civil Code (BGB) and the German Commercial Code (HGB) apply for all legal relationships between the Vendor and the Purchaser.
(2) Where the Purchaser is a full merchant in the sense of the HGB, a legal person under public law or a public special fund, Solingen shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The place of fulfilment for deliveries and payments is Solingen.
(3) In the event of a provision of these General terms and Conditions or a provision of any other agreements becoming ineffective, this shall not affect the effectiveness of all other provisions or agreements.

§ 10 Right to return goods
Received goods may be returned to the Vendor within two weeks without having to state any reasons. This period commences at the earliest upon receipt of the goods and of this notification. Only in case of goods that cannot be send in package form (i.e. bulky goods), the vendor can also be notified of a return request in text form, e.g. by letter, fax or email. Returned goods shall be excepted if the goods are despatched or the return request is forwarded within the stipulated period. The Vendor shall in any case bear the cost and risk of the return. The returned goods or the return request should be forwarded to:

WKC Stahl- und Metallwarenfabrik
Hans Kolping GmbH & Co. KG
Wittkullerstr. 140
D - 42719 Solingen
Tel: +49 212 - 31 20 77
Fax: +49 212 - 31 61 83

Consequences of a return:
In case of an effective return, the performance received by both parties shall be returned and any obtained benefits (e.g. benefits of use) shall be handed over. In case of a deterioration of the goods, respective compensation can be demanded. This does not apply where the deterioration of the goods has been exclusively caused by checking the goods like, as for instance, in a retail store. The compensation obligation can also be avoided by not using the goods like an owner and by refraining from any action that would deteriorate the goods.

§ 11 Sales for Items under German weapons law.
Such articles are sold only to persons who are min. 18 years old.

§ 12 Responsability for the use of the swords.
The customer confirms that the sword he buys from WKC Solingen, Germany, is only for decorative or ceremonial use. As customer you take all the responsability for using the sword for whatever other purpose or reason. By purchasing the item you confirm to have read and understood the general terms and conditions.

WKC Stahl- und Metallwarenfabrik
Hans Kolping GmbH & Co. KG
Wittkullerstr. 140–144
D - 42719 Solingen
Tel: +49 212 - 233809-0
Fax: +49 212 - 31 61 83

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