Terms and Conditions
Terms and Conditions
1. Validity of the General Terms and Conditions
1.1. These terms and conditions apply to all offered products and services that the company KARBO Trade Solutions Ltd. (hereinafter "COMPANY") supplies at the address www.welltherm.co.uk. The terms and conditions also apply to sales at the premises of the company. Terms and conditions of the customer are not explicitly a contract, even if they are not expressly prohibited by the company.
1.2. Under these terms and conditions, a consumer/customer is any natural person who enters into a transaction which can be attributed to either commercial purpose or their independent vocational activity.
1.3. In the event that the customer does not agree with the following terms and conditions, he/she must express this in a written form to the company.
2. Ordering on the Internet
2.1. All offers on the web page of the company are non-binding invitation for the customer and are always subject to change. Ordering the desired goods is done by filling out a full order form by the customer, on the company’s web page. While filling in the order form, the customer is given the option to accept the terms and conditions of the company and acknowledge them as well as print them. The order will only be processed and completed if these terms and conditions are accepted.
2.2. By completing the order, the customer makes a binding offer to complete a purchase contract. At that point, the company confirms the receipt of the consumer’s order. This confirmation constitutes a binding acceptance of the order.
2.3. The company is entitled to accept the offer by an order confirmation or reject the offer within a period of 7 calendar days from the order receipt. The order confirmation or the offer rejection is made by phone, letter, email or fax.
2.4. If the consumer orders the goods online on the website, the order will be saved by the company and the order confirmation or offer rejection will be sent to the customer -as described above, together with these terms and conditions via email.
2.5. In order to apply the specific underlying order prices, an order shall not take effect if a price has been noticeably seen as wrong or the company with respect to a false statement would allow one because of any discrepancy.
3. The right to return online purchases / notice of cancellation
3.1. Right of cancellation You may cancel your contract within 7 days after the order placement without giving any reason. This has to be done in written form (e.g. letter, fax, email) or - if the goods have been sent to you before the end of mentioned period - by returning the goods. This period begins upon reception of this notification in written form, but not before the delivery of the goods (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfilling our obligations to inform you under article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB and our obligations according to § 312e section 1 clause 1 BGB in conjunction with article 246 § 3 EGBGB. To retain the right of revocation it is sufficient to send it in written form or the goods within mentioned period. The revocation must be sent to:
KARBO Trade Solutions Ltd
10 Victoria Road South
Southsea, Hampshire U.K.
Phone: +44 (0) 2392 160570
3.2. Consequences of Revocation
In case of a successful revocation, the mutually received benefits and additional aspects (e.g. interests) have to be returned. In case you cannot return the received benefits in whole or in part, or only in deteriorated condition, you must pay the company a compensation for the value of the goods. This does not apply if the deterioration of the goods is only due to tests, as they would be conducted in marketing activities which has been previously approved by the company. Furthermore, you can avoid the obligation to pay compensation for deteriorated goods if the handling and return of the goods was such that it does not reduce its value.
Transportable items are to be returned at the company’s risk. You have to pay the cost of return if the good is the same that was ordered from the company and if the price for its return exceeds an amount of 20 British Pounds.
Otherwise the return is free of charge for you. Goods which cannot be sent as a parcel will be collected at your door. Obligations to reimburse payments are to be met within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception of these goods.
4. Payment for online purchases and prices
4.1. Payments shall be made either in advance or on the company’s bank account number. If the customer pays with direct transfer to the company’s bank account, the bank account information will be communicated to the customer during the order process. If the customer pays after receiving an invoice, the customer has to pay the price of the goods on the date which is stated on the invoice on that particular date.This type of payment, the customer can select only from its second order and onwards.
4.2. Orders from abroad are accepted only against advance payment and settled. For orders over 2.000,00 Euro, the company only accepts payments in advance.
4.3. In the event of customer’s default, the Company is entitled to withhold further deliveries and services.
4.4. In case of delayed payment from a consumer, the company is entitled to charge 5% interest rate the first day of the late payment and the amount of 8% for every additional day.
4.5. All quoted prices are subject to statutory value-added tax if they are not already published online as inclusive of VAT. Transportation costs are billed separately. Different packaging than the company’s standard offered one as well as insurance, is billed separately.
5. Delivery and Shipping
5.1. The ordered product will be delivered from either our office or from our warehouse or from our supplier’s warehouse to the address which is provided by the customer when ordering either online or by post, telephone, order form, fax. Delivery will take place only when there is sufficient stock or the ordered product can be supplied by the manufacturer.
5.2. A pickup of ordered goods is also possible on a date which should be mutually decided by the company and the customer. The pickup of the material should take place during office hours, Monday to Friday, from 08:00 to 17:00. Pickup during weekend is also possible after mutual agreement between the customer and the company.
5.3. The Company makes every effort to deliver the ordered goods within 4 weeks to the customer after the order placement. The delivery dates are non-binding, unless a specific date of delivery was agreed upon in writing at the client’s request.
5.4. In case of non-compliance of an agreement in writing about the delivery date, which is based on natural causes and disasters, labor disputes, unforeseen obstacles or other circumstances not attributable to the company, the deadline will be extended appropriately. In case of failure to comply with the delivery period for reasons other than the above reasons, the customer is entitled to put in writing a reasonable extension. If this extension is not met, the customer may cancel the contract with the company.
5.5. Penalties for late delivery are invalid, unless the company can be correctly accused of intent or gross negligence.
5.6. Transportation costs within the United Kingdom are fixed. Transportation of the goods outside of the previously mentioned country should be determined in each case separately (taking into account the regulation 4.2).
5.7. The shipping and insurance cost is incurred by the customer. The choice of delivery route and the packaging of shipment are at the discretion of the company.
5.8. The company is entitled to make partial deliveries.
6. Acceptance and Transfer of Risk
6.1. The customer is obliged to accept the delivered product at the specified delivery address.
6.2. The customer has the obligation to accept the delivery item, unless he/she is temporarily unable due to unforeseen circumstances. If the customer does not receive the goods for more than three days from the notice of intent or gross negligence provision in arrears, the company is, after giving an additional grace period of another five days, entitled to rescind the contract or claim compensation from the customer for breaking the contract. Giving an additional grace period is not required if the customer refuses completely or permanently denies the delivery and the good or is obviously not capable to make the purchase.
6.3. If the product is delivered by a freight forwarder, it is the customer’s obligation to track the delivery and pick up the product at the agreed delivery address and date. If the customer fails to comply with the agreed delivery, the customer should pay the additional costs which incur due to the delivery failure by the customer.
6.4. The risk of accidental loss and accidental deterioration of the goods falls under the company’s responsibility as long as the good has not been delivered to the customer.
6.5. The handover is the same, if the buyer is in default of acceptance.
6.6. If the customer does not accept the delivery item, the risk of accidental loss or accidental deterioration of the goods at the time of the refusal is assumed by the customer.
7. Retention of title
7.1. The delivered goods will remain the property of the company until full payment of the purchase price. If the purchaser is a businessman, the good remains the property of the company until the buyer has paid completely all major and minor claims towards the company from the business relationship with the customer.
7.2. The customer is obliged to treat the goods properly under retention of property title from the company. In case of damage, any insurance claim by the customer shall be estimated by the company.
7.3. The customer is not required to dispose of the property under the authority of title. In the event of removals, the customer shall notify the company immediately in writing and has to draw immediate attention to involved third parties about this in an appropriate manner.
7.4. In the event that the customer has already sold the delivered items and the company approves this, the customer shall assign all claims against its customers. The customer is required to provide all necessary information to the company for the defense of these rights and to provide the required cooperation.
8.1. Warranty rights of a consumer
8.1.1. The customer has guarantee rights in accordance with legal provisions.
8.1.2. The customer has the choice of whether the remedy should be conducted by either repair or replacement of the goods. The Company is entitled to refuse the type of remedy if it is only possible with disproportionate costs and the other type of remedy is without significant disadvantages for the customer. During the remedy there is possibility of supplementary reduction of the purchased price or withdraw from the contract by the consumer. A remedy is called unsuccessful after its second attempt. If these fail or if we have refused the supplementary reduction, the consumer can demand either a reduction of the purchased price or withdraw from the contract.
8.1.3. The warranty period for new goods is five (5) years.
8.2. Warranty of a Businessman
8.2.1. Warranty rights of the businessman assumes that has fulfilled the rules and regulation for inspection under § § 377 HGB. If claims occur, despite the best attention and handling of the goods, obvious defects need to be addressed immediately or at least within 14 days after the delivery of goods and hidden defects immediately after their discovery. Otherwise the assertion of the warranty claim is excluded in accordance with § 377 HGB.
8.2.2. If the goods have a defect that existed at the time of transfer of risk, the company will, -assuming that they are noticed in the appropriate period, repair the goods or provide substitute goods. It is the right of the company to always have the opportunity to rectify the defect given an appropriate time period. If the remedy fails, the entrepreneur can withdraw from the contract or reduce the remuneration. The customer/entrepreneur is not entitled to compensation for own wasted efforts.
8.2.3. The warranty period for new one year from the transfer of risk. For used goods, the warranty is excluded.
8.3. If the customer withdraws from the contract due to legal or material defects after subsequent failed repair, he/she shall not be entitled to any compensation because of the defect.
8.4. If the customer claims compensation after a failed repair, the goods remain within the customer possession if there are practical reasons. Compensation is limited to the difference between the purchased price and the value of the defective goods. This does not apply when the company caused the breach unintentionally.
8.5. In the event of a minor breach of contract, especially minor defects, the customer shall have no right of contract cancellation.
8.6. Guarantees in the legal sense are not provided by the company to the customer. Manufacturer warranties remain untouched from this.
8.7. Natural wear is in any case excluded from the guarantee.
8.8. If the customer has claimed warranty and it turns out that there is either no defect or the alleged defect was grossly negligent or represented intentional by the customer, the company is not bound by the guarantee. In this case the customer has to reimburse all of the company’s incurred expenses.
9.1. Claims are not possible when there are damages by the customer and intentional violation of the breach of obligations during contract negotiations. The company is not liable for lost profits, loss of savings, damages resulting from third parties claims and other indirect and consequential damages.
9.2. The Company is liable for intent and gross negligence according to the statutory provisions.
9.3. Damage claims in tort are excluded, if the damage was caused intentionally or by gross negligence. This also applies to acts of the company agents. The company is not liable for damages / consequential damages arising from the fact that the customer installs the spare parts supplied by the company itself, without the presence of the necessary technical expertise, experience and installation knowledge. A liability for the lack of guaranteed characteristics, fraudulent intent, for personal injury, defective title to the Product Liability Act and the Federal Privacy Act remains unaffected.
9.4. In the event of a claim of the company from warranty or liability, negligence of the customer is to be adequately considered.
10.1. The company may use, collect, and process the customer´s, the inventory and the billing data as necessary for the purpose of fulfilling this contract, even without explicit consent of the customer.
10.2. For other purposes (e.g. consulting, advertising, market research) the company is allowed to process and use the inventory data as well as to distribute it to third parties, if the customer's consent is provided or the law provides this right.
10.3. The Customer shall have the right at any time to request information free of charge about the stored data on their holding of personal data. The information shall be given electronically on customer’s request. Furthermore, the customer has a right to rectification, blocking and removal of data under the context of laws.
10.4. The Company will also ensure appropriate technical and organizational measures to prevent unauthorized third parties of having access to the "internal" data sets.
11. Proof clause
The Data which is stored in the company’s electronic registers or in electronic form are considered admissible evidence for the detection of data transfers, contracts and payments executed between the parties.
The customer is not allowed to export the goods purchased by the company to countries outside the European Union without the permission of the company. In addition, the customer has to consider all the relevant export regulations, particularly those by the foreign trade regulations under the European Union and U.S. law.
13.1. If a paragraph of these terms and conditions in whole or in part are invalid, this shall not affect the validity of the remaining paragraphs. Rather, the next most applicable valid paragraph takes its place.
13.2. Additional agreements cannot be made. Contract amendments are only effective if they are confirmed in a written form.
13.3. The customer may not assign its rights under a business relationship with the company without the written consent of the company. Be offset against the purchase price, the customer is possible only with recognized or legally established counterclaims.
13.4. These terms and conditions and the contract are subject to English law.