Terms and Conditions (GTC)
§ 1 scope
1. The following general terms and conditions (GTC) apply to all business relationships between the company Kakadu Traders Australia GmbH and the customer, provided the customer is an entrepreneur within the meaning of § 14 BGB.
Entrepreneurs are natural or legal persons or partnerships with legal personality with whom a business relationship is entered into and who act in the course of a commercial or self-employed professional activity.
2. Deviating, conflicting or supplementary general terms and conditions do not become part of the contract, even if they are known, unless their validity has been confirmed in writing by Kakadu Traders Australia GmbH.
3. Legally relevant declarations and notifications that we must submit to us after the contract is concluded (eg setting deadlines, notifications of defects, declarations of withdrawal or reduction) must be in writing in order to be effective.
§ 2 contract
1. Our offers are subject to change, errors excepted.
2. The handing over of catalogs, other product descriptions or documents - also in electronic form - from Kakadu Traders Australia GmbH to the customer merely represents an invitation to submit an offer. The customer's order of the goods is a binding offer to conclude a contract .
3. Kakadu Traders Australia GmbH will immediately confirm receipt of the order to the customer. However, the confirmation of receipt does not constitute a binding acceptance of the contract. However, the confirmation of receipt can be combined with the declaration of acceptance.
4. The contract is then accepted by written order confirmation or by delivery of the goods to the customer.
5. Kakadu Traders Australia GmbH is entitled to refuse to accept the contract, approximately after checking the creditworthiness of the customer.
6. If it becomes apparent after the conclusion of the contract that Kakadu Traders Australia GmbH's claim to the purchase price is jeopardized by the customer's lack of ability (eg the application to open insolvency proceedings), Kakadu Traders Australia GmbH is legally obliged entitled to refuse performance and to withdraw from the contract (§ 321 BGB). In the case of contracts for the production of goods according to customer requirements, Kakadu Traders Australia GmbH can immediately declare the withdrawal, the statutory provisions on the dispensability of setting a deadline remain unaffected.
7. The conclusion of the contract is subject to the reservation that in the event of incorrect or improper self-delivery, not or only partially. In the event of unavailability or only partial availability of the service, the customer will be informed immediately. The consideration will be refunded immediately.
§ 3 terms of payment
1. The customer can pay the purchase price by cash on delivery or invoice. Kakadu Traders Australia GmbH reserves the right to exclude individual payment methods.
2. When purchasing on account, the goods are only delivered against prepayment, unless otherwise agreed in writing.
3. The invoice date is therefore not necessarily the date of delivery. The purchase price is due within 10 days of the invoice. When this payment period expires, the customer is in default. Interest on the monetary debt is 8% above the respective base rate during the delay. Kakadu Traders Australia GmbH reserves the right to withdraw from the purchase contract in the event of non-payment.
§ 4 set-off / right of retention
The customer is only entitled to offset if his counterclaims have been legally established or have been recognized by Kakadu Traders Australia GmbH. The customer can only exercise a right of retention if the counterclaim is based on the same contractual relationship.
§ 5 shipping costs In addition to shipping costs, shipping costs apply to the purchase price. The shipping costs are calculated individually and are composed of the number of packages and weight (volume weight). In the case of surname, there are additional service fees that are composed individually.
§ 6 delivery time
1. Normally the delivery time within Germany is 2-3 working days after receipt of money at Kakadu Traders Australia GmbH. This does not apply to custom-made products. The delivery time outside of Germany depends on the conditions of carriage of the respective carrier (UPS).
2. If the customer requests a fixed delivery date, this must be confirmed in writing by Kakadu Traders Australia GmbH. If delivery by express, courier or comparable services is required to meet a delivery date set in writing, the additional costs must be borne by the customer.
3. Without a written agreed delivery date, the company Kakadu Traders Australia GmbH will only be in default after prior warning.
§ 7 transfer of risk
1. The goods are delivered from stock, which is also the place of performance. At the customer's request, the goods will be dispatched to another destination (dispatch purchase). Kakadu Traders Australia GmbH is entitled to partial delivery and partial performance if this is reasonable for the customer.
2. The risk of accidental loss and accidental deterioration of the goods passes to the customer when the goods are handed over, in the case of a mail order purchase with delivery of the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.
3. The handover is the same if the customer is in default of acceptance.
4.If the customer is in default of acceptance, fails to take any necessary action or if the delivery of Kakadu Traders Australia GmbH is delayed for other reasons for which the customer is responsible, Kakadu Traders Australia GmbH is entitled to compensate for the resulting damage, including additional expenses, e.g. Storage costs.
§ 8 Retention of title
Kakadu Traders Australia GmbH reserves ownership of the goods until all claims from an ongoing business relationship have been settled in full.
§ 9 color designation / size information
1. The size specifications may vary slightly depending on the model and version.
2. The representation of the colors in print media and online may differ due to technical reasons and does not constitute a defect here.
1. The legal obligation to examine and notify according to Section 377 HGB.
The customer must examine the goods immediately after delivery or handover and, if a defect appears, notify Kakadu Traders Australia GmbH of this defect in writing immediately. If the customer fails to notify, the goods are deemed to have been approved, unless it is a defect that was not recognizable during the inspection. If such a defect shows up later, the notification must be made immediately after the discovery, otherwise the goods are considered approved even if this defect is considered. The above does not apply if the Kakadu Traders Australia GmbH maliciously concealed this defect and / or has assumed a corresponding guarantee. Negotiations about a notice of defect do not constitute a waiver on the part of Kakadu Traders Austra lia GmbH's objection to late, insufficient or unfounded notice of defects.
2. If the customer requests supplementary performance, Kakadu Traders Australia GmbH can carry out rectification or replacement delivery at its own discretion.
3. Contrary to § 438 Para. 1 No. 3 BGB, claims for material and legal defects become statute-barred one year after delivery of the goods to the customer. If an acceptance of the goods has been agreed, the limitation period begins with the acceptance.
Section 11 Liability
Kakadu Traders Australia GmbH excludes liability for slightly negligent breaches of duty, provided that this does not concern guarantees or essential contractual obligations, i.e. obligations the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer can regularly trust and rely and it is is not about damage to life, limb or health. This also applies to a slightly negligent breach of duty by the legal representatives or vicarious agents of Kakadu Traders Australia GmbH.
The limitation of liability does not apply to claims of the customer from product liability.
§ 12 copyright
§ 13 Choice of law and jurisdiction
1. For these terms and conditions and the legal relationship between Kakadu Traders Australia GmbH and the customer, the law of the Federal Republic of Germany applies, to the exclusion of all international and supranational contract law systems, in particular the UN sales law.
2. The place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between Kakadu Traders Australia GmbH and the customer is the registered office of Kakadu Traders Australia GmbH. However, Kakadu Traders Australia GmbH is also entitled to sue at the customer's place of business.