1.1. The terms and conditions set forth hereunder are mutually regarded by both parties as integral part of the contract and apply to all business relationships between ourselves and the customer.  Deviations, opposing or amendatory general terms and conditions from entrepreneurs will not, even when acknowledged, be part of the contract, unless their validity is expressly agreed to in writing. All other changes and amendments must be in writing to be effective; this applies to the waiving of the requirement for written agreements as well. 
1.2. Customers are naturally persons, with whom a business relationship will be entered into, and to whom no commercially or freelance occupational activity can be applied
((§ 13 German Civil Code [BGB]).
Entrepreneurs are natural or legal persons or private companies having legal capacity, who act in a corporate capacity or in a capacity as self-employed professionals and enter into an appropriate business relationship (§ 14 German Civil Code [BGB]).  Entrepreneurs can also enjoy certain rights benefitting the consumer. That is the case as long as entrepreneurs act outside of their capacity as a commercial corporation or as self-employed professionals.
1.3. For the transaction/ordering of goods through our internet site the following terms apply:
- All offers are made without obligation.
- The presentation of products constitutes a catalogue without obligation.
- The costumer’s order can be made by writing (as well as by fax), by telephone or by e- mail; the customer submits a quote with his/her order.  The confirmation of the receipt of the order is made directly by us in writing or orally. - The contract comes into effect when the customer’s quote is accepted by us in writing or other form of written communication within seven days or when the ordered products are shipped

2.1. The prices set upon the conclusion of the contract are definitive; the purchase price includes the compulsory sales tax.  Not included are costs for insurance, shipping and handling.

2.2 If more than four months separate the conclusion of the contract and delivery, changes in price are permissible.
2.3.To safeguard against financial risk, we reserve the right to require prepayment before carrying out a requested shipment.Payments by telegraphic transfer, direct debit, cash on delivery and cash are accepted. 

3.1 The delivery takes place with stated shipping and handling costs (shipping and handling information).
Shipment takes place by mail, parcel service or shipping from Lager Leipzig. As a matter of principle, the seller reserves the right to select the shipping company. 
At the warehouse, available products will be made ready for shipment within three days and are later received by the customer after a shipping time of around two to three days.
For out-of-stock products other delivery times apply.
If a delivery time cannot be maintained because of reasons for which we are not responsible, the customer will be informed immediately and a new estimated delivery time will be determined.  If the product is still not deliverable with the new delivery time, we are authorized to withdraw from the contract.  All previously rendered payments on the part of the customer will be immediately refunded.
.2 If the products are sent in a specific manner of the customer’s request, the risk of any accidental deterioration and perishing of the purchased products are transferred to the customer, as soon as the products are transferred to the commissioned delivery partner.
In other cases the transfer or risk takes place with the delivery of the goods to the customer.

4.1 The object of purchase remains our property until full payment is made; with entrepreneurs we further retain ownership of the product until the full payment of all receivables from an ongoing business relationship.  In order to assure payment of all receivables of an ongoing business relationship, we are compelled to deallocate goods subject to reservation of title if the value of these goods exceeds the value of said receivables by 10%. 
4.2 The entrepreneur is authorized to resell the products according to the proper course of business.  The entrepreneur then transfers payment to us from all moneys which they accrue from the resale to a third party for the amount of the invoice which we have billed them.  We accept the transfer. 
After the transfer, the entrepreneur is authorized to collect payment.  We reserve the right, however, to collect payment ourselves, as soon as the entrepreneur defaults in payment to us.
Legal regulations apply in all other circumstances.

5.1 Images and descriptions apply only generally to the clarification of a product; technical data can be subject to changes.  Details in the descriptions regarding performance, speeds, etc. are not binding data, but should rather be regarded as approximations.
5.2. If the customer is the user of the product, they have the option of rectification through repair or replacement delivery in the event of product defect.  As long as the repair is only possible with disproportionate costs and the rectification of the defect by other means is possible without considerable drawbacks for the user, we are entitled to deny the chosen method of rectification. 
5.3. If the customer is an entrepreneur, the product must be immediately inspected upon delivery or handover and any defects must immediately be reported.  Defects that are not immediately recognizable must be reported at once upon their discovery. Timely notification of the defect is necessary for warranty claims; otherwise claims may be disqualified. 
5.4 Legal standards for warranty periods apply.
This does not include, however, used products and products purchased by customers acting as entrepreneurs.  Furthermore, custom built and specially made products are excluded from warranty.

5.5. The customer receives no guarantees from us.

5.5 The customer receives no guarantees from us.
5.6 Notifications of defects are to be directed to:

Sebastian Bader
Body & Paint

Postal address:

Akazienweg 3
15299 Müllrose OT Dubrow

E-Mail: sebastianbader@baderslackierung.de

6.1 Our liability and that of our agents is limited to slightly negligent breaches of duty in instances of foreseeable, direct damages typical for this type of contract.
Neither we nor our agents are liable for slightly negligent injuries resulting from our non-essential contract obligations, as long as the execution of the contract is not endangered.

Product liability as well as liability for injuries to the body or health, or those resulting in death, remains unaffected.

As far as we provide links on our website to other internet sites, we are not responsible, despite careful internal control, for the content of other sites.  We therefore assume no liability for the content and data privacy protection on the linked sites.

7.1 The customer is advised that an expert must be consulted for every alteration to an automobile. Approval ceases without this consultation and the automobile is not allowed to be moved in open street traffic.
7.2 An improvement in the performance of a car can make reclassification of its car liability insurance and comprehensive insurance policies necessary.  It is incumbent upon the customer to make sure that they fulfill their legal obligation to insure their car. 

7.3 Special conditions for dealers and resellers:
In the event of the resale of a performance-improved automobile it is incumbent upon the customer to make the new buyer aware of the aforementioned considerations. 

All products delivered by us that are sold in stores, online shops or other sales platforms must be sold and labeled under the name “K-Sport Germany.”
In order to protect the brand image and create fair conditions for all dealers, selling K-Sport products under the K-Sport suggested list price is prohibited.  Individual cases may be exempted from these rules, but require previous consultation with K-Sport Germany.  A violation of these rules will lead to the exclusion of the dealer from the dealer network. 

All certificates of conformity distributed are the property of K-Sport Germany.  They only serve the purpose of its own technical inspection of the purchased goods.  After a successful inspection, the certificates should either be sent back or destroyed.  Transferring or handover of the certificates to a third party is prohibited.  Each further distribution and duplication, even of excerpts, is prohibited and punished as infringement of copyright.  Offenses will be civilly and criminally prosecuted.

Provided that you act as a consumer, you may cancel your contractual agreement within two weeks, without having to state the reasons therefore, by writing (e.g. letter, fax or e-mail) or by returning the goods.  The two week time limit begins with receipt of the goods and this notification, which will be sent to you in writing separately.  Timely sending of the reasons for return or sending of the goods themselves suffices to meet the cancellation time limit.  The cancellation is to be directed to:

Consequences of Cancellation

In the event of an effective cancellation, both sides must reimburse any payments or goods/services received and, if applicable, performance received and emoluments taken are to be returned.  If you cannot completely, in part or only in bad condition return the goods/services, you must pay compensation for the value of said goods/services.  This does not apply to the relinquishment of goods if the deterioration of said goods, upon inspection, can be exclusively traced to their possible original condition in the retail store.  In other cases, you may avoid the requirement to remit compensation by not using the goods as your own property and by avoiding any that
might reduce the value of the goods.  You must cover the cost of the return if the delivered goods correspond to what was ordered, the cost of the item(s) being returned does not exceed EUR 40.00 or when you have not yet, at the time of the return, paid more than EUR 40.00 in compensation or as part of any contractually agreed upon partial payment terms.  Otherwise, you must not cover the cost of the return.   Items that cannot be shipped in a package will be picked up at your location.  You must fulfill any obligations for refunding of payments within thirty days of sending your notice of cancellation.
Exceptions
The right of cancellation does not apply to contracts for:
- the delivery of goods manufactured to specifications of the customer or clearly cut per personal requests that are not, due to the nature of their configuration, able to be returned,  goods that can be easily damaged or goods that have exceeded their expiration date;
- the delivery of audio or video recordings or of software, if the delivered mediums have been opened by the consumer.

All personal data is, as a matter of principle, kept confidential.  The only reasons for which we save your personal information without your explicit consent are for the processing of your order and for the maintenance of our relationship with you. 

Our data protection practices are consistent with the German Federal Data Protection Act and the German Telemedia Act.

In order to be able to process and carry out your order, we only pass your information on to the delivery service commissioned with the delivery of your goods; never to any unauthorized third party. 
You have the right, at any time, to be informed about, amend, block and, if need be, delete your saved data free of charge.  Please contact us via e-mail at sebastianbader@baderslackierung.de or send your request by mail or fax:

S. Bader Karosserie & Lack

Inh. KfZ-Lackiermeister Sebastian Bader

Akazienweg 3

15299 Müllrose OT Dubrow

All legal relations of the contract partners are subject to the laws of the Federal Republic of Germany excluding the jurisdiction of the Uniform Law on the International Sale of Goods, in the event that the customer’s place of business is outside of Germany.
If the customer is a consumer who does not conclude the contract for professional or commercial purposes, the aforementioned choices of applicable law apply only if the customer is not deprived of their protections guaranteed through by compulsory terms of the law of the state.

If the customer is a merchant, litigation resulting from the contractual relationship is under the sole jurisdiction of our place of business.
Markranstädt, 01. August 2007
Right of Withdrawal for Consumers pursuant to §§ 355 Paragraphs. 2, 312 of the German Civil Code (BGB) (Distance Contracts)