General terms and conditions with customer information
1. scope of application
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. retention of title
8. warranty for material defects and guarantee
9. liability
10. right of withdrawal
11. exclusion of the right of withdrawal
12. returns
13. return costs in case of revocation
14. storage of the contract text
15. data protection
16. place of jurisdiction, applicable law, contractual language
1. scope of application
1.1 For the business relationship between [Stolz und Müller GmbH, proprietors: Martin Stolz, Volker Müller Dipl. Ing. FH, Maigasse 6, 67489 KIrrweiler]. (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions of Business shall apply exclusively in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections on workdays from [9:00 a.m.] to [4:00 p.m.] under the telephone number +49 (0)6321/1890404 as well as by e-mail at info@lieht.com
1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
1.4 Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity in writing.
2. offers and service descriptions
2.1 The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last”, unless otherwise stated with the products. Errors are otherwise reserved.
3. order process and conclusion of contract
3.1 The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart by clicking the button [add to cart].
3.2 Subsequently, the customer can proceed to the conclusion of the ordering process within the shopping cart by clicking the button [Continue to checkout].
3.3 By clicking the [Buy] button, the customer submits a binding offer to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.4 The seller will then send the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out by using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the application. The sales contract is only concluded if the seller has sent the ordered product to the customer within 2 days, handed it over or confirmed the dispatch to the customer within 2 days with a second e-mail, explicit order confirmation or sending the invoice.
3.5 If the seller allows payment in advance, the contract is concluded with the provision of the bank details and payment request. If the payment is not received by the seller within 10 calendar days after sending the order confirmation despite the due date, even after a new request, the seller shall withdraw from the contract with the consequence that the order is null and void and the seller has no obligation to deliver. The order is then completed without further consequences for the buyer and the seller. A reservation of the article with prepayment is therefore made for a maximum of 10 calendar days.
4. prices and shipping costs
4.1 All prices stated on the Seller’s website are inclusive of the statutory value added tax applicable at the time.
4.2 In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the Buyer on the shipping costs page and during the ordering process.
5. delivery, availability of goods
5.1 If at the time of the customer’s order no copies of the product selected by the customer are available, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the Seller will refrain from issuing a declaration of acceptance. In this case a contract is not concluded.
5.2 If the product designated by the Customer in the order is only temporarily unavailable, the Seller shall also inform the Customer of this immediately in the order confirmation. In case of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, the seller will immediately refund any payments already made by the customer. If advance payment has been agreed upon, delivery shall be made after receipt of the invoice amount.
6. terms of payment
6.1 The customer can choose from the available payment methods within the framework of and prior to completion of the order process.
6.2 If payment by invoice is possible, payment must be made within [30 days] after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions of business apply.
6.4 If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay interest on arrears at 5 percentage points above the base rate.
6.5 The Customer’s obligation to pay interest on arrears does not exclude the Seller from asserting further claims for damages caused by default.
6.6 The Customer shall only be entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the Seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. retention of title
The delivered goods remain the property of the seller until full payment has been received.
8. warranty for material defects and guarantee
8.1 The warranty is determined by legal regulations.
8.2 A guarantee exists for the goods delivered by the seller only if it has been expressly given.
9. liability
9.1 The following exclusions and limitations of liability shall apply to any liability of the seller for damages, notwithstanding any other legal requirements for claims.
9.2 The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, body and health, for a defect after a guarantee for the quality of the product has been given and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. right of revocation
– Beginning of the cancellation policy for consumers –
11. exclusion of the right of withdrawal
The right of revocation does not apply to the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs, or to the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by you.
12. returns
12.1 Before returning the goods, customers are asked to report the return to the seller [add: phone number and/or e-mail address and/or contact page] to announce the return. In this way, they enable the seller to assign the products as quickly as possible.
12.2 Customers are requested to return the goods to the seller as a prepaid package and to keep the proof of posting. Upon request, the seller will reimburse customers in advance for postage costs, unless these are to be borne by the buyer.
12.3 Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the possession of the seller, another suitable packaging should be used in order to provide sufficient protection against transport damage and to avoid any claims for damages due to damage caused by defective packaging.
12.4 The modalities mentioned in this section (No. 12) of the GTC are not a prerequisite for the effective exercise of the right of withdrawal according to No. 10 of these GTC.
13. return costs in case of revocation
Right of withdrawal
You can cancel your contract declaration within 14 days without giving reasons in writing (eg letter, fax, e-mail) or – if the goods before the deadline – also by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods shall be sufficient to comply with the revocation period. The revocation is to be addressed to:
Pride and Mueller GmbH, Maigasse 6, D-67489 Kirrweiler.
Fax: +49 6321/3995587
Mail: info@lieht.com
Consequences of withdrawal
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are not able to return the received services and benefits (e.g. advantages of use) or only partially or only in a deteriorated condition, you must compensate us for the value. For the deterioration of the goods and for the use of the goods, you must only pay compensation if the use or deterioration is due to handling of the goods that goes beyond the examination of the properties and functionality. The term “testing of the properties and functionality” means the testing and trying out of the respective goods, as is possible and usual in a retail shop. Goods that can be sent as a parcel are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return shipment is free of charge for you. Goods that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. For you, the period begins with the dispatch of your declaration of revocation or the goods, for us with their receipt.
– End of the cancellation policy for consumers –
Information on the new right of withdrawal which will automatically come into force from 13.06.2014 by the legislator:
The customer must pay the return postage for the return of products if they cost less than 40.00 Euro
The following revocation form must be filled out and returned to the provider: http://www.lieht.com/docs/widerrufsformular.pdf
Notes on the exclusion of the right of withdrawal
The right of revocation does not apply to the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs, or to the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by you.
Notes on returns
The modalities mentioned in this section (“Notes on returns”) are not a prerequisite for the effective exercise of the above right of withdrawal.
Customers are asked to notify the seller before returning the goods in order to announce the return. In this way, they enable the seller to assign the products as quickly as possible.
Customers are requested to return the goods as a stamped package to the seller and to keep the receipt. The seller will reimburse the customer for the postage costs in advance upon request, unless these are to be borne by the customer himself.
Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the possession of the seller, another suitable packaging should be used in order to provide sufficient protection against transport damage and to avoid any claims for damages due to damage caused by defective packaging.
14. storage of the contract text
14.1 The seller stores the text of the contract of the order. The AGB are available online. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
14.2 The seller will also send the customer an order confirmation with all order data to the e-mail address provided by the customer. Furthermore, the customer receives a copy of the GTC with his order.
15. data protection
15.1 The Seller processes personal data of the Customer for the intended purpose and in accordance with the statutory provisions.
15.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, postal address, payment details) will be used by the Seller for the purpose of fulfilling and processing the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process.
15.3 The customer has the right to request information free of charge about the personal data stored about him by the seller. In addition, he has the right to correct incorrect data, blockage and deletion of his personal data, unless there is no legal obligation to preserve records.
15.4 Further information on the nature, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the privacy policy.
16. place of jurisdiction, applicable law, contractual language
16.1 Place of jurisdiction and place of performance is the seller’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
16.2 The law of the Federal Republic of Germany shall apply. This shall not apply if mandatory consumer protection regulations prevent such application.
16.3 Contract language is German.
