Conditions

General terms and conditions with customer information

(The following General Terms and Conditions also contain legal information about your rights under the regulations on distance selling and electronic commerce.)

General terms and conditions of business

Imprint / Information according to § 5 TMG / Responsible for this online shop is:

BENSONTOOLS.eu | BENSON-TOOLS.eu

Kolk Imperium GmbH

Managing Director:
Niels van der Kolk

Ober Koch's 8
54595 Pittenbach
Germany
Tel.+49 65569000221
Fax +49 65569000225
e-mail bensontools@gmx.de

Commercial register number: Wittlich District Court HRB 44545
VAT ID: DE264574142

All deliveries and services to consumers within the meaning of § 13 BGB and to entrepreneurs within the meaning of § 14 BGB are carried out exclusively on the basis of these General Terms and Conditions.

1. Conclusion of a contract
   a) The offers in this online shop are not binding for us as a seller. They represent an invitation to you to submit a binding offer in the form of an order. After submitting your order, you will receive an email from us confirming access to your order data, including our legal information obligations. This confirmation does not constitute an order confirmation. A purchase contract is only concluded when we confirm this order by sending the goods to you or by sending an express order confirmation within 3 working days of receipt of your order.
   b) A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.
   c) An entrepreneur is a natural or legal person or a partnership with legal capacity (A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and enter into liabilities.) who, when concluding a legal transaction in the exercise of their commercial or independent professional activity.
2. Delivery restrictions
   There are no delivery restrictions.
3. Payment methods
   You can pay the purchase price as follows:
   a) Advance payment by bank transfer
   b) Cash payment upon collection
   c) via Paypal
4. Retention of title
   a) The following applies to consumers:
   The delivered goods remain our property until the purchase price has been paid in full. When paying by check or bill of exchange or by bank transfer, the purchase price is considered paid when it is irrevocably credited to our account.
5. b) The following applies to entrepreneurs:
   The delivered goods remain our property until the purchase price has been paid in full. When paying by check or bill of exchange or by bank transfer, the purchase price is considered paid when it is irrevocably credited to our account.
   The retention of title also applies to the claims that we have against the buyer from ongoing business relationships. If the value of the aforementioned retention of title exceeds the claim(s) to be secured for us by more than 10%, we will release the additional securities upon request.
   If our goods are resold as part of the normal course of business, any claims arising from the resale of the goods will now be assigned to us to secure payment of the purchase price, provided that the purchase price is not paid in full when the goods are resold. In this case, the buyer is entitled to collect the claims. We accept this assignment. The claims may not be assigned to a third party for collection purposes. If the goods purchased by us are processed, we are considered the manufacturer of these new goods if the purchase price has not yet been paid in full when the goods are processed.
6. Prices
   All prices include the statutory German value added tax (VAT) and do not include shipping costs. For deliveries to countries in the European Union (EU), consumers do not have to pay any additional VAT. When delivering to countries outside the EU, import sales tax, import customs duties and other import duties may apply. This must always be borne by the buyer. – If you choose “cash on delivery” as your payment method, the transporter will charge a payment card fee and a transmission fee.
   You will receive the invoice by email in the form of a PDF file when the goods are dispatched. The invoice will be sent to the email address you provided
7. Liability for defects
   a) The following applies to consumers:
   We assume liability for defects in new goods purchased from us for the statutory period. For used goods, liability for defects is limited to 1 year from delivery of the goods. Further claims of the buyer, in particular due to guarantees provided for the quality of the product or due to the fraudulent concealment of a defect as well as claims for damages and claims for injury to life, body, health and in the event of gross negligence, remain unaffected.
8. b) The following applies to entrepreneurs:
   We assume liability for defects in new goods purchased from us for the statutory period. Liability for defects is excluded for used goods. Further claims of the buyer, in particular due to guarantees provided for the quality of the product or due to the fraudulent concealment of a defect as well as claims for damages and claims for injury to life, body, health and in the event of gross negligence, remain unaffected. The buyer must inspect the goods immediately after delivery by the transporter commissioned by us, at the latest within a period of 8 working days, if this is feasible in the normal course of business, and, if a defect becomes apparent, notify us immediately. If the buyer fails to report the goods, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. If such a defect becomes apparent later, the report must be made immediately after discovery; otherwise the goods are deemed approved even in view of this defect. To maintain the rights, it is sufficient to send the advertisement in a timely manner. The above regulations do not apply if we have fraudulently concealed the defect. Visible or obvious transport damage must be reported immediately to the shipping agent. Returns of any kind must be made “free”.
9. c) If a manufacturer's guarantee is granted for individual products, this manufacturer's guarantee does not limit claims for liability for defects.
10. Transfer of risk
    a) The following applies to consumers:
    The risk of accidental loss and accidental deterioration of the goods only passes to the buyer when the goods are handed over to the buyer.
11. b) The following applies to entrepreneurs:
    The risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as we have handed over the goods to the freight forwarder, freight carrier or other person or institution designated to carry out the shipment.
12. data protection
    The protection of your data is particularly important to us. Personal data will only be stored if you give us your consent and expressly provide us with this data. The data necessary for business processing is stored and, if necessary, passed on to affiliated companies, e.g. B. Logistics partner. Only the absolutely necessary minimum of your data will be passed on. Your data will not be passed on to other third parties. All personal data will of course be treated as strictly confidential and in accordance with the provisions of the Federal Data Protection Act. You cannot view the data we store about you. However, you have the right to receive information about your personal data stored here at any time and free of charge. You also have the right to revoke your consent to the storage of personal data at any time. – By concluding the contract, you agree to the collection, processing and use of your personal data.
13. Waste oil
    Waste oils are oils that arise as waste and consist entirely or partially of mineral oil, synthetic or biogenic oil. Waste oil does not belong in the sewer system. Used oils must not be mixed with other waste. You can hand in used oil at your local waste oil collection point. You can also hand in used oil or send it to us free of charge up to the amount of oil you purchased from us. Our address:

Kolk Imperium GmbH

Managing Director:
Niels van der Kolk

Ober Koch's 8
54595 Pittenbach
Germany

10. Note according to the battery law
    You are legally obliged to return used batteries. Used batteries must not be disposed of in the trash can. Batteries, including those found in devices, can be returned to us free of charge after use or sent back with sufficient postage. Our obligation to take back batteries is limited to used batteries of the type that we carry or have carried as new batteries in our range, as well as to the quantity that end users usually dispose of. Our address:

Kolk Imperium GmbH

Managing Director:
Niels van der Kolk

Ober Koch's 8
54595 Pittenbach
Germany
You can also hand in used batteries to your local waste disposal point free of charge. A crossed-out trash can on the battery or its packaging means that this battery contains harmful substances. These pollutants are referred to in more detail by the abbreviation “Hg” = mercury; “Cd” = cadmium and “Pb” = lead.

11. Liability
    The contents of this online shop were created by us with great care. However, we often cannot predict production-related deviations in technical information. If certain information is particularly important to you, please check it before any installation. The following applies to consumers: Failure to follow these instructions has no influence on your claims for liability for defects.
    We generally reserve the right to make deviations in color and design unless they are essential to the product.

In the event of intent or gross negligence, we are liable without restriction. We are only liable for simple and minor negligence if these are essential contractual obligations. Liability is limited to the average damage typically foreseeable at the time the contract was concluded. Any further liability is excluded. This limitation and limitation of liability also applies to our vicarious agents and vicarious agents.
The aforementioned limitation and limitation of liability (both for us and for our vicarious agents and vicarious agents) does not apply to product liability claims or claims from guarantee promises that are intended to protect the customer against the damage that has occurred, as well as to damage resulting from the violation of life, body and/or health.

This online shop may contain links to other websites. When the links were set up, we checked them and the content of the corresponding websites for legality. We expressly point out that we are not responsible for their appearance or content. We expressly distance ourselves from all content of linked websites as we have no influence on their content. Only their operators are responsible for the linked websites and their content.

In addition, only applies to entrepreneurs:
Items that are connected (assembled) to another item must be adjusted and checked for accuracy before assembly. We will not accept any consequential damages resulting from non-compliance with this provision. Furthermore, before concluding the purchase contract, you must inform yourself about any requirements, restrictions and TÜV approvals and observe them. If this is not observed, we will not be liable for any costs/damages resulting from this.

12. Further information
    After submitting your order, you will receive an email from us confirming receipt of your order data, including our legal information obligations. This confirmation does not constitute an order confirmation. A purchase contract is only concluded when we confirm this order by sending the goods to you or by sending an express order confirmation within 3 working days of receipt of your order.
    The contract will be stored by us. The contract text we have saved will be communicated to you when you confirm receipt of your order data. You can print or save this text. You do not have access to this data.
    You can identify input errors by checking the shopping cart and changing them there or using the “BACK” function on the previous page.
    The language available for concluding the contract is exclusively German.
    We are not subject to any codes of conduct.

Complaints Procedure

Alternative dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO and Section 36 VSBG:

The European commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr . We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

We do not take part in the “Alternative Dispute Resolution” (AS) procedure before a consumer arbitration board via the online dispute portal (OS). bensontools@gmx.de

13. copyright
    All content of this online shop, including photographs, texts (including these terms and conditions) and tables, are protected by copyright. It is expressly prohibited to use the contents of this online shop, whether in whole or in part, in any form without our express permission.
14. Final Conditions
    To the extent permitted, the law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this only applies to the extent that the rights to which you are entitled in the country in which you have your habitual residence are not restricted or withdrawn as a result. If the buyer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, or if he does not have a general place of jurisdiction in Germany, our registered office is the place of jurisdiction for all disputes arising from this contractual relationship.

Should one or more of the provisions of these General Terms and Conditions be or become invalid, the effectiveness of the remaining provisions remains unaffected. The statutory regulation takes the place of the invalid provision.