DeutschGeneral Terms and Conditions
§ 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us, Leitertec GmbH, and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time the contract is concluded shall apply.
(4) We do not accept deviating conditions of the customer. This also applies if we do not expressly object to the inclusion.
§ 2 Conclusion of contract
(1) The subject of the contract is the sale of goods. The presentation and advertising of items in our online store does not constitute a binding offer to conclude a purchase contract.
(2) By sending an order via the online store by clicking on the button “order with obligation to pay”, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; this does not affect your right to cancel your order.
(3) We will immediately confirm receipt of your order placed via our online store by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) We can only accept orders for deliveries abroad with a minimum order value. The minimum order value can be found in the price information provided in our online store.
(6) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you immediately and refund any payments already received without delay.
§ 3 Terms of delivery and reservation of advance payment
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period is approximately five working days, unless otherwise agreed. It begins – subject to the provision in para. 3 – upon conclusion of the contract.
(3) In the case of orders from customers with a place of residence or business abroad or if there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of the reservation of prepayment, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
(4) We only deliver within Germany.
§ 4 Prices and shipping costs
(1) All prices quoted in our online store are gross prices including statutory VAT and do not include shipping costs.
(2) The shipping costs are indicated in our prices in our online store. The price including VAT and shipping costs will also be displayed in the order form before you send the order.
(3) If we fulfill your order through partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration, you can demand reimbursement of costs already paid for shipping to you (shipping costs) under the statutory conditions.
§ 5 Terms of payment and offsetting and right of retention
(1) The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You can pay the purchase price and the shipping costs at your discretion only with the payment options offered by us.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you have complaints or counterclaims arising from the contract.
the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 6 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 7 Warranty
(1) Our products are carefully manufactured, thoroughly checked at various stages of the production process and individually tested.
(2) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years if the customer is a consumer and one year if the customer is an entrepreneur and begins with the delivery of the goods.
(3) Any seller’s warranties given by us for certain items or manufacturer’s warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of para. 1. details of the scope of such warranties are set out in the warranty conditions which may accompany the items.
(4) The warranty extends exclusively to defects in a product purchased by you that are based on a material or manufacturing defect. It is – at our discretion – initially limited to the repair of such defects free of charge or the replacement of the product. (possibly also exchange with a successor model). Excluded from the warranty are
- Damage to the product caused by non-observance of the operating instructions or the maintenance and safety regulations or by use of the product under unsuitable environmental conditions or by inadequate care and maintenance.
- Damage to the product caused by misuse or improper use (e.g. overloading the product or using unauthorized tools or accessories), penetration of foreign bodies into the product (e.g. sand, stones or dust), transport damage, use of force or external influences (e.g. damage caused by falling).
- Damage to the product or parts of the product caused by normal (operational) or other natural wear and tear as well as damage and/or wear and tear of wearing parts.
- Defects in the product caused by the use of accessories, supplementary parts or spare parts that are not original parts or are not used as intended.
- Products to which changes or modifications have been made.
- Minor deviations from the target quality that are insignificant for the value and usability of the product. This also includes slight scratches in the uprights.
- Products on which unauthorized repairs or repairs have been carried out, in particular by an unauthorized third party.
- If the label on the product or the product identification information (sticker) is missing or illegible.
- Products with an above-average level of soiling.
- Claims for damages and consequential damages are generally excluded from this guarantee
- In the event of an unjustified complaint or outside the warranty period, the buyer shall bear the transport costs and the transport risk, unless otherwise regulated by law for consumers.
(5) Warranty claims must be made immediately after becoming aware of them. The assertion of claims after expiry of the statutory period is excluded.
§ 8 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall be liable – insofar as 3 – only in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is subject to the provision in para. 3 excluded.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 9 Copyrights
We have copyrights to all images, films and texts published in our online store. Use of the images, films and texts is not permitted without our express consent.
§ 10 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
