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All of the following German liability and business terms and conditions are valid provided they comply with the Thai legal system. In the event of different legal provisions, only the respective clause to be adjusted will be replaced by that of Thai law. All other clauses remain in place and unaffected.
Terms and conditions are subject to regular reviews and adjustments to the local legal system and are therefore always valid and effective in their current form. For orders, deliveries and services, it is always assumed that the client fully agrees to these and cannot be rejected by the client due to ignorance.
Responsible for content (according to the german law § 10 paragraph 3 MDStV):
Boothsabong Kongin
72/36 Soi Attakavee 8, Attakavee Rd.
Muang Paknampho
Nakhon Sawan 60000 Thailand
E-Mail: info@kongin.online
Internet: https://kongin.online/
Created with WordPress
Cover images and illustrations taken from Pixabay, the free image portal, do not represent any direct relationship to the products and are for design purposes only.
Liability for content under German law:
As service providers, we are liable for own contents of these websites according to § 7 para. 1 German Telemedia Act (TMG).
However, according to §§ 8 to 10 German Telemedia Act (TMG), service providers are not obligated to permanently monitor submitted or stored information or to search for evidences that indicate illegal activities.
Obligations to remove or block the use of information under general law remain unaffected.
However, liability in this regard is only possible at the time of knowledge about a specific violation of law.
If we become aware of such violations of law, we will remove this content immediately.
All paragraphs and legal regulations mentioned here are replaced by the corresponding Thai legal regulations.
Liability for links and images:
Our offer contains links to external third-party websites over whose content we have no influence.
We therefore cannot accept any liability for this external content.
The respective provider or operator of the pages is always responsible for the content of the linked pages.
The linked pages were checked for possible legal violations at the time of linking.
Illegal content was not recognizable at the time of linking.
However, permanent control of the content of the linked pages is not reasonable without concrete evidence of a legal violation.
If we become aware of any legal violations, we will remove such links immediately.
Copyright:
The content and works on these pages created by the site operators are subject to German copyright law.
The reproduction, processing, distribution and any type of exploitation outside the limits of copyright law require the written consent of the respective author or creator.
Downloads and copies of this page are only permitted for private, non-commercial use.
If the content on this page was not created by the operator, the copyrights of third parties are observed.
In particular, third-party content is marked as such.
If you nevertheless become aware of a copyright infringement, we ask you to inform us accordingly.
If we become aware of any violations of law, we will remove such content immediately.
The source of images is both our own image database and PIXABAY, a copyright-free image platform.
Terms and Conditions
General Terms and Conditions / Right of Withdrawal of Kongin Online
1. General
1.1.a Our offers and services are subject exclusively to these terms and conditions. The customer’s terms and conditions and deviating agreements are only valid if they are accepted by us in writing. Neither our silence in response to the sending of terms and conditions nor the execution of an order by us shall constitute acceptance.
1.1.b For all mutual claims arising from and in connection with the conclusion of a contract between the customer and Kongin Online for online and mail order catalog sales, these General Terms and Conditions in the version valid at the time of the respective contract conclusion always apply.
In the event of a conflict, the following order of priority applies between the regulations:
- these General Terms and Conditions
- legal regulation.
1.1.c On our website we provide customers with non-binding information about our products.
Our catalog contains only non-binding information and is intended as a guide. All offers are non-binding and subject to change. Kongin Online reserves the right to change, add to or delete parts or the entire offer without prior notice.
1.2 The purchaser accepts these conditions at the latest upon acceptance of our goods or services (works performance).
2. Offers, orders
2.1.a Our offers are non-binding. Orders from the customer are only binding upon us after written confirmation. Our written order confirmation is decisive for the content and scope of the contract. Subsidiary agreements, changes, additions, etc. require our written confirmation. The illustrations and information contained in our price lists, brochures, cost estimates and offers, in particular weight or dimensions or other technical data as well as referenced DIN, VDE or other company or inter-company standards and samples, merely characterize the subject matter of the contract and only represent a guarantee of properties if the manufacturer has confirmed this in writing.
2.1.b Information on distance selling contracts
A purchase contract is concluded between the customer and the company Kongin Online, 72/36 Soi Attakavee 8, Attakavee Rd., Muang Pakmampho, 60000 Nakhon Sawan, represented by the owner, Boothsabong Kongin.
The commercial purpose of the contract is aimed at the sale of our offered goods and is concluded by an order by post, fax, telephone or internet and by subsequent acceptance of the order by our company in the form of a written order confirmation or by sending the ordered goods.
If an order is placed by telephone, we accept no liability for any transmission errors.
A contract can be concluded in German and English.
2.2 The purchaser assumes responsibility for the information he is responsible for and the parts he is required to provide.
2.3. Orders for goods through auction houses on the Internet, such as EBAY, are legally binding. Cancellations are only possible for a cancellation fee of 10% of the gross value of the goods. The auction house’s general terms and conditions also apply here.
2.4 Work service orders
National service orders (including work services) are binding and must be cancelled 24 hours before the start of the appointment if they are not used, otherwise a service cancellation fee (compensation to the service provider for lost income) of 50% of the calculated time spent (at least 2 hours) must be charged.
International work services:
Work service orders for foreign services must be cancelled 30 days before the start of the appointment in the event of non-use. In this case, a service cancellation fee (compensation to the service provider for lost income and preparatory expenses already incurred) will be charged in
a) Amount of 50% of the calculated time expenditure (at least 24 hours)
a) Amount of the full expenditure for the preparation and planning of the services
b) Amount of full damages for the additional personnel costs resulting from the service order
c) The full amount of the costs for reversing any costs incurred, such as flights, hotels, vehicle rentals, etc., will be due if these costs have been or will be incurred.
Any orders for work performed abroad that are cancelled, even if they have been properly cancelled, with extraordinary cost calculations (high discounts > 20%) due to a special contractual basis, e.g. transfer of personnel, must be recalculated in full at the normal price conditions if the contractual basis is cancelled. A statute of limitations is not possible here!
The performance loss fee is
a) the full amount of lost revenue from a regular (non-discounted work contract less 20% regular customer discount)
b) the full amount of damages for the additional personnel costs resulting from non-compliance with the contractual basis for the service order
c) the full amount of the costs for reversal/compensation of the persons affected, loss of wages, loss of housing, etc.
and is due immediately if these costs have been incurred or are proven to be incurred.
3. Delivery time and partial delivery of goods, services and work
3.1 Unless special agreements have been made in writing in individual cases, delivery periods and dates (delivery time) are to be regarded as approximate and in any case require the mutual clarification (in writing) of all facts required by us to fulfil the order. Deadlines for the sale of goods on commission only apply to the duration of the sale, not to the sales success.
3.2 The delivery time is met if the delivery item has left the factory before the delivery time expires or if readiness for dispatch/performance has been communicated.
3.3 The delivery time will be extended appropriately if our deliveries or services are delayed due to circumstances beyond our control, including operational disruptions, strikes, lockouts or traffic or other specific, unforeseeable obstacles that occur with us or our subcontractors, insofar as such obstacles can be proven to have a significant impact on the completion or delivery of the delivery item. This also applies if the events mentioned occur at a time when we are in default. If the extension of the delivery time significantly changes the cost situation on which we based the relevant offer or if the provision of the service is otherwise unreasonable for us, we are entitled to withdraw from the contract, excluding any claims for damages. Services from the sale of advertising space are only subject to a sales deadline. Success deadlines are not permitted when selling third-party goods, advertising space or rentals.
3.4 If there is a delay, the customer is usually informed within 48 hours and, in the case of advance payment sales contracts, a refund is offered. If the customer grants us a reasonable grace period with the express declaration that he will refuse to accept this service after this period has expired and we do not comply with the grace period, he is entitled to withdraw and the transaction will automatically be reversed (cancellation and refund of the full advance payment amount for the product).
3.5 If the customer suffers damage due to a delay that is our fault, he is entitled to demand compensation for the delay, excluding any further claims. This amounts to 0.5% for each completed week of delay, but a maximum of 5% of the value of that part of the total delivery (service) that cannot be used on time or in accordance with the contract due to the delay. Does not apply to the sale of commission goods such as advertising space, rentals, retail products with manufacturing defects, etc.
3.6 The customer can also withdraw from the contract, excluding any further claims, if it is ultimately impossible for us to perform the service. The same applies in the event of initial inability. The customer can also withdraw from the contract if it becomes impossible for us to carry out part of the delivery and the customer has a legitimate interest in refusing a partial delivery. In all cases, the right of withdrawal is limited to the part affected if, upon objective assessment, such a restriction of the right of withdrawal does not affect the rest of the contract.
3.7 Any withdrawal or agreement must be made by means of a written declaration.
3.8 We are entitled to make partial deliveries.
3.9 If sales agreements are terminated prematurely, i.e. if commission goods cannot be sold due to too short notice (rentals, leases), the client must pay a flat-rate administration fee of 10% of the order value plus VAT. Unless otherwise agreed in writing, a minimum notice period of one year is required for the sale of commission goods. Claims for damages in the event of non-brokerage are excluded.
4. Prices of goods, services and work
4.1 The prices apply ex works, excluding installation, assembly and commissioning, excluding packaging and other administrative costs (e.g. telephone costs for sales orders).
All prices in our online shop are end customer prices and include the sales tax applicable on the day of publication. If a statutory increase in sales tax occurs after publication, we are obliged to calculate the changed sales tax rate.
In addition to the net price for the goods, our invoices contain the prices for additional services such as packaging, shipping, etc. as well as the sales tax applicable at the time of invoicing.
Commission goods such as the rental of advertising space are charged a one-off commission of 25% for the course of a rental period, with a down payment of 10% administration/sales costs, or with a commission of 30%. Services such as project consulting are payable immediately, regardless of the start and end of the project.
4.2 All previous prices will no longer be valid when a new publication is published. However, we expressly reserve the right to change a price beforehand. All our prices are in euros ex warehouse.
4.3 You can only pay as follows:
- prepayment, advance payment or PayPal
- Credit card via PayPal (even without a PayPal account)
- Swift Code statement
4.4 The buyer can only offset our payment claims if the buyer’s counterclaim is undisputed (the written consent of Kongin Online is required) or if there is a legally binding title; a right of retention can only be asserted if it is based on claims under the purchase contract.
5. shipping of goods
5.1 Shipping takes place from the warehouse at the customer’s risk. This also applies if and to the extent that shipping is carried out using our own means of transport. The customer’s shipping and packaging instructions are only binding if they have been agreed in writing.
5.2 Containers, lattice boxes, cassettes and pallets do not become the property of the customer; they must be returned to the owner free of charge. Wooden boxes, cardboard boxes and disposable packaging are charged at cost and are not taken back.
5.3 If shipping is delayed at the request of the customer, the risk is transferred to the customer when the goods are ready for shipping. We are entitled to charge the customer for the costs incurred by storage in our factory, but at least 0.5% of the invoice amount for each completed month. If necessary, after setting and fruitless expiry of a reasonable deadline, we can dispose of the delivery item in another way and deliver to the customer within a reasonably extended deadline.
6. Payment methods for goods and services of all kinds.
6.1 Our claims are due for payment immediately after invoicing in the contract currency without deductions (prepayment). Even if claims are deferred, they are due immediately without deductions if the customer defaults on payment to us (14 days) or if we become aware of a significant deterioration in his financial situation. In this case, we can make bills of exchange due without giving reasons or return them and demand immediate cash payment. If the payment deadline is exceeded, and without prejudice to any further rights, we will charge standard bank interest of at least 4% above the current Deutsche Bank discount rate and a late payment processing fee of 1%, but at least 10 euros.
6.2 Payment by bill of exchange requires a special agreement, whereby discount charges are to be borne by the customer and are to be paid immediately after submission. Bills of exchange and cheques are only accepted as payment. In the case of bills of exchange or cheques related to secondary locations or abroad, we assume no obligation for timely presentation or protest.
6.3 The customer is not entitled to withhold payments or to offset them against any counterclaims unless these have been recognised by us or have been legally established.
6.4 For customers with whom we do not have an ongoing business relationship, we will only deliver against advance payment of the invoice amount. With written consent, we will also deliver against cash on delivery.
6.5 Rents are to be paid in advance. The buyer agrees that in the event of late payment, the rented goods belong to the lessor, regardless of whether the lessee’s legal capacity is impaired, and must be delivered carriage forward within the deadline set by the lessor, but no later than 2 weeks. The lessee is responsible for any rental losses.
6.6 Agency orders such as typesetting of advertisements, presentations or web design must be paid in advance or when the order is placed. Deviations must be recorded in writing and signed with mutual consent (written contract extensions/special arrangements).
7. security deposit
If agreed advance payments are not received on time or if we become aware of circumstances after conclusion of the contract which are likely to significantly reduce the customer’s ability to pay, we are entitled, without prejudice to further claims, to demand advance payment or sufficient security for our claims before delivery or to withdraw from the contract if no security is provided.
8. retention of title
8.1 We retain title to the goods delivered (documentation in the case of advice) until all claims have been settled, regardless of the legal basis, including any bills of exchange, claims acquired from third parties and claims from companies associated with us (as shown in our annual report). We are entitled to insure the delivery item at the purchaser’s expense unless the purchaser can prove that he has insurance for this purpose.
8.2 The customer is only entitled to process, transform, combine or mix the goods with other items within the scope of his ordinary course of business.
8.3 The processing or transformation of reserved goods is always carried out for us without us being obligated to do so. If the reserved goods are processed with items that do not belong to us, we acquire joint ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. If goods supplied by us are combined with other movable items to form a single item or are inseparably mixed and the other item is to be regarded as the main item, it is agreed that the customer transfers proportionate joint ownership to us insofar as the main item belongs to him.
8.4 The customer shall safeguard the ownership or co-ownership for us free of charge. The same applies to the new item as to the reserved goods.
8.5 The purchaser is revocably entitled to resell the goods in the ordinary course of business, to the exclusion of any other provisions, provided that the claim arising from the resale is assignable. The right to resell expires in the event of cessation of payment. The purchaser will resell the reserved goods subject to retention of title if the third-party purchaser does not pay immediately. In the event of resale, the purchaser hereby assigns to us all claims arising from this. As long as the purchaser hereby assigns to us all claims arising from this. As long as the purchaser meets his payment obligations, he is authorized to collect the debts. On request, he must provide us with the information required for collection. Hand over documents, inform the debtors of the assignment and issue us with publicly certified documents on the assignment of the claim at his own expense. We are authorized to notify the third-party debtor of the assignment of the claim on behalf of the purchaser. If our goods are resold with third-party items, the purchaser’s claim against his buyer in the amount of our invoice is deemed to be assigned. The installation of the reserved goods in land or buildings and the use to fulfill other work or work delivery contracts are also deemed to be a sale in the above sense.
8.6 In the event of late payment, uncertainty regarding the financial situation or deterioration of the customer’s financial situation, he is obliged to hand over the reserved goods upon request. The return or seizure of the goods by us shall only be deemed to be a withdrawal from the contract if expressly declared in writing. In the event of seizure or other interventions by third parties, the customer must notify us immediately.
8.7 The retention of title and the securities to which we are entitled shall apply until we are fully released from contingent liabilities which we have entered into in the interest of the customer.
8.8 If the securities to which we are entitled due to the retention of title exceed the value of the secured claims by more than 25%, we undertake to release the securities upon request.
9. right of first refusal
The purchaser grants us the right of first refusal to purchase our products in all cases of insolvency or improper use.
10. Warranty for delivery of goods and other services and work
10.1 The following regulations apply to our warranty and other liability due to delivery or service defects, including incorrect deliveries or services. If our contractual service also includes assembly or commissioning, or if it is an independent repair order or other work contract services, the following conditions also apply to any assembly, commissioning or repair or other work services. No warranty is provided for software from third-party manufacturers.
10.2 We provide a guarantee in accordance with the current state of the art. We are only liable for guarantees of quality if expressly stated in writing. General changes in design or execution before delivery of an order do not entitle the customer to make a complaint.
10.3 We accept no liability for damage resulting from unsuitable or improper use, faulty assembly, commissioning, modification or repair not carried out by us, faulty or negligent handling and natural wear and tear. The same applies to parts provided by the customer.
10.4 The warranty covers repair or replacement of the defective product or part at our discretion. In individual cases, we reserve the right to issue a credit note in the amount of the value of the defective product charged to the customer. Products that are the subject of a complaint must be sent to us for repair free of charge at our request. In the event of justified complaints, we will bear the direct costs of domestic shipping and removal and installation in addition to the costs of repair or replacement delivery, provided that they are in reasonable proportion to the value of the defective product. If the products supplied by us are repaired or modified without our involvement, or if maintenance or installation instructions are not complied with, our warranty and other liability expires. Only in urgent cases where operational safety is at risk and to prevent disproportionately large damage does the customer have the right, after notifying us, to remedy the defect at his own expense. We will compensate for these costs to the extent that they would have been incurred by us if the repair had been carried out. We are liable for repairs or replacement deliveries in the same way as for the original delivery or service until the expiry of the limitation period applicable to the original delivery or service, but at least for a period of three months from completion of the repair or provision of the replacement delivery or service. The customer is obliged to give us the opportunity to make repairs after prior agreement. If neither repairs nor replacement deliveries are made, the customer is entitled to withdraw from the contract after expiry of a reasonable grace period to be set. The customer’s right to withdraw also applies if we are unable or unable to make repairs or replacement deliveries. In all cases of justified complaints about defects, claims that go beyond the right to repair or replacement deliveries, such as damages arising from a warranty or positive breach of contract, tort or due to impossibility, delay, failure or non-performance of repairs, are limited in accordance with Section 11.
10.5 If the delivered item cannot be used by the customer in accordance with the contract due to culpable breach of secondary contractual obligations – in particular of operating and maintenance units – we shall also only be liable to the extent of clauses 10.4 and 11. In the case of consultations, we shall only be liable if a special fee has been agreed in writing for this.
10.6 The warranty claim and other claims expire 6 months after commissioning, but no later than 6 months after the transfer of risk. Damage, defects or other complaints, particularly in the case of services (works), must be reported to us immediately – but no later than 14 days after they become known.
The assertion of warranty and other claims has no influence on the payment obligations and deadlines. If the customer does not fulfill his payment obligation or does not do so on time, our obligations as set out above will be suspended until the payment obligations are fulfilled.
10.7 No warranty liability can be assumed for licensed software, standard software that is already included with hardware components by the manufacturer, even if installation work has been carried out by the supplier. This applies in particular to the interaction of several independent software products. Software that has definitely been ordered by the customer and is not functional cannot be taken back. Before ordering software, the customer must obtain information and assurances directly from the manufacturer regarding the compatibility of the desired programs. See the license terms of the software manufacturer.
10.8 User-friendly installation of software does not include a guarantee, as this is carried out in the presence of the user and according to his wishes, and does not involve any liability towards the supplier. The customer guarantees that appropriate licenses are available for the software to be installed and that he has informed himself about the compatibility with other software products. The service/work of software installation on behalf of the customer includes monitoring the correct installation and is completed upon completion (completion of the installation). Error messages and corrections that occur during operation of the software must be clarified with the software manufacturer (support hotline).
11. liability for damages
11.1 To the extent that we are liable for damages, this liability is limited to intent and gross negligence on the part of our executive bodies and senior management. This also applies to the infringement of intellectual property rights.
11.2 In general, no liability is assumed for the security of customer-specific data on data storage devices of any kind. The customer/owner of the data is responsible for the extent and implementation of the backup. If data is lost due to repairs or new installation, the supplier cannot accept any liability, as this data is unknown to the supplier.
Even references by the customer to existing data do not change the basis of liability.
For failed backup orders due to gross negligence, the supplier is only liable for the amount of time spent on the backup activity. Backup orders that fail due to other circumstances, such as virus infection or other software damage, are not subject to any supplier liability.
11.3 The supplier is not liable for consequential damages resulting from data loss or warranty processing, as the customer must provide appropriate security in advance.
12. Drawings and other documents, copyright
We reserve ownership and copyright to documentation, cost estimates, drawings and other documents provided to the customer. They may not be used for purposes other than those specified by us or made available to third parties.
Internet pages (drafts) created for customers (domain owners) must be checked immediately by the customer for copyright (attorney) and the corresponding copyright fees must be paid to the author if they are published. This includes all images and texts that do not originate from the domain owner.
13. Place of performance and jurisdiction
13.1 The place of performance for all services is Nakhon Sawan, Thailand.
13.2 The place of jurisdiction for all disputes arising from the contractual relationship is the court in Nakhon Sawan. This also applies to claims arising from bills of exchange and checks as well as tort claims and third party notices and documentary proceedings. We are also entitled to sue the customer in the court of his place of business or residence.
14. data protection
The information relating to the processing of business transactions is processed by us and our affiliated companies in compliance with the statutory provisions.
15. right of withdrawal
Please note that the following right of cancellation does not apply if we have delivered goods to you that are not prefabricated and for whose production an individual selection or determination by you is decisive or which are clearly tailored to your personal needs.
In addition, there is no right of cancellation for deliveries of goods/products that must be ordered exclusively for you, the customer, as these are products for vintage cars (older than 6 years in the vehicle and IT industry).
If the right of cancellation is not excluded due to the statutory provisions, you can cancel the contract in accordance with the following regulations:
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
The cancellation must be sent by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) to:
Kongin Online
72/36 Soi Attakavee 8, Attakavee Rd.
Muang Paknampho
Nakhon Sawan 60000 Thailand
Phone: +66 85 966 24 83 E-Mail: info@kongin.online
Unless otherwise agreed in writing, please send goods shipments or returns exclusively to:
Kongin Online
72/36 Soi Attakavee 8, Attakavee Rd.
Muang Paknampho
Nakhon Sawan 60000 Thailand
consequences of revocation
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the service received in whole or in part or only in a deteriorated condition, you may have to pay us compensation for the loss in value.
This applies in particular to customer-specific configuration of hardware. Here, after use of this hardware, a maximum of 50% can be refunded, depending on its condition (signs of use). Services provided such as installation costs and instructions cannot be refunded.
This does not apply to the surrender of goods if the deterioration of the goods is solely due to their inspection – as you would have been able to do in a shop, for example. In addition, you can avoid the obligation to pay compensation by not using the goods as if they were the owner and refraining from doing anything that would impair their value. Goods that can be sent as a parcel can be returned free of charge. You must bear the costs of returning the goods if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed an amount of 40.00 euros (only applies to deliveries within Germany), or if, in the case of a higher price of the goods, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return is free of charge for you. Goods that cannot be sent as a parcel will be picked up from you. You must fulfill obligations to reimburse payments within 30 days of sending your cancellation instructions.
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come as close as possible to the economic objective that the contracting parties were pursuing with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete. Section 139 of the German Civil Code shall not apply.
valid as of 2018