Terms and conditions
General Terms & Conditions of KS Tools Werkzeuge-Maschinen GmbH on the www.efuturo.com Internet portal
As at: September 2016 • Version: 1.03
KS Tools Maschinen-Werkzeuge GmbH
Directors: Peter Kühne, Orhan Altin
Seligenstädter Grund 10-12
63150 Heusenstamm / Germany
Tel.: +49 (0)6104 - 4974 - 0
Fax: +49 (0)6104 - 4974 - 11
Companies Register: Offenbach HRB 8323
VAT ID No. DE 113 566 295
§ 1. General
(1) KS Tools Werkzeuge-Maschinen GmbH with its Head/Registered Office in Heusenstamm/Germany (hereinafter
„KS TOOLS“) offers customers articles for sale, also via its own Online Shop (http://www.kstools.com).
(2) The following Terms & Conditions („AGB“) apply to all business relationships between Online Shop customers
and KS TOOLS.
(3) Customers within the meaning of these AGB are exclusively entrepreneurs. Every individual or legal entity
or legal partnership with whom a business relationship is entered into, and who deals in tools with retailers or
wholesales as a commercial or self-employed business activity is considered an entrepreneur within the meaning of
§ 2. Offer, Acceptance and Conclusion of a Contract in the Online Shop
(1) All offers by the Online Shop are subject to confirmation; i.e. the products and services listed do not represent a
binding offer by KS TOOLS; rather an invitation to the customer to make us a binding offer via the „virtual shopping
(2) Thus, with the order, the customer‘s offer becomes binding. KS TOOLS will confirm receipt of the customer’s
order by E.mail, without delay. This confirmation of receipt does not yet represent the acceptance of the order, but
may be linked thereto.
(3) KS TOOLS has the right to accept the contractual offer associated with the order within three working days of its
receipt. The acceptance will be either by way of express acceptance with an order confirmation, or by timely delivery
of the goods.
(4) KS TOOLS assumes no procurement risk. Thus the contract is concluded subject to non- or partial delivery in
the event of incorrect or invalid delivery to us by suppliers. The responsibility of KS TOOLS for intent or negligence
remains unaffected by this. KS TOOLS will inform the customer without delay of non-, or only, partial availability; in
cases of withdrawal, the consideration will be returned to the customer without delay.
§ 3. Prices and Payments
(1) The (purchase) prices lisred by KS TOOLS are net, end-customer prices; i.e. they do not include either the
statutory VAT or rebates. In individual cases of cross-border deliveries, additional taxes (e.g. intra-community
acquisition) and/or duty (e.g. customs duty) may be payable by the customer
(2) The purchase prices do not include packing, shipping and insurance. These amounts will be charged separately
and split on the invoice.
(3) If agreements are entered into between KS TOOLS and the customer, in writing, with confirmation of the
conditions, which differ from §3 (2) above, these will also apply to the www.kstools.com portal
§ 4. Confidentiality of the Access Data
(1) The customer must ensure that no other person obtains the access data. Each person with access to the user name
and password can use the online order system. They can, for example, place orders for the account of the customer.
Therefore the following security advice should be followed:
• the access data may be stored electronically or noted in another form.
• the access data provided to the customer (user name and password) must be kept securely.
• the input of the access data must be secured so that third parties cannot obtain them.
(2) If the customer notices that his access data have become known to another person, or there is suspicion of their
improper use, then the user is obligated to notify this to KS TOOLS without delay, and to authorise KS TOOLS to
change the access data.
Until receipt of the blocking notice, the customer is responsible for all damage related to the KS TOOLS access data.
KS TOOLS is only liable following receipt of the blocking notice during business hours; in cases of receipt of
the blocking notice outside business hours, KS TOOLS is only liable for all damage occurring due to their nonobservance (of the blocking notice) after the (next) beginning of business hours.
§ 5. Copyright
KS TOOLS GmbH has the exclusive rights to the data (text and images) stored on www.kstools or taken from other
KS TOOLS Internet pages. Any use requires our express written consent.
Furthermore, the use of any information and materials provided by KS TOOLS may not damage the interests of the
KS TOOLS Group.
A passing on to third parties, and use other than as agreed, are fundamentally forbidden without the express prior
consent of KS TOOLS. Furthermore, the customer obligates himself to submit a specimen copy, or to name the
Internet page on which the images are used.
The agreement for use of the data may be revoked by KS TOOLS at any time, without the giving of notice or
§ 6. Final Provisions
(1) The laws of the Federal Rpublic of Germany apply; but the provisions of the UN Convention on Contracts for the
International Sale of Goods (CISG) do not apply.
(2) If the customer is a businessman, a legal entity under public law or a special fund under public law, then the
exclusive jurisdiction for all disputes arising from this contract is the business address of KS TOOLS. The same
applies if the customer has no general place of jurisdiction in Germany, or his domicile or habitual place of residence
is not known at the time the action is brought. The capacity also to apply to a court in another jurisdiction remains