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GTCs for retail customers and consumers (section 13 BGB)

 

 

GENERAL TERMS AND CONDITIONS OF BUSINESS, DELIVERY AND PAYMENT of Licht im Raum Dinnebier GmbH, Graf-Adolf-Str. 49, 40210 Düsseldorf, Tel. +49 (0)211 994 000, Fax. +49 (0)211 994 0050, e-mail info@Licht-im-Raum.de

 

These terms and conditions apply for retail customers and consumers pursuant to section 13 BGB.

 

 

1. Scope of application

These terms and conditions govern the sale of our products to you if you purchase one of our products as a consumer pursuant to section 13 BGB, i.e. for private purposes. Your order is always subject to the General Terms and Conditions as of the time when you place it. Should any one of these terms and conditions be invalid, void or unenforceable for any reason, the unenforceable provision shall be deemed to be severable and shall not in any way affect the validity and enforceability of the remaining provisions.

 

Please read these general terms and conditions carefully before placing an order because by placing an order with us you agree that these general terms and conditions shall apply to your order.

 

 

2. Conclusion of contract

The presentation of our products on the pages of the Licht-im-Raum web shop does notconstitute a binding offer to conclude a purchase contract with you. The web shop is a non-binding online catalogue. You can click on the “Add to shopping cart” button to add a product to the shopping cart without obligation and check your entries before making a binding order and payment commitment. If necessary, you can use the correction options provided to correct your entries. By clicking the “Order and pay” button you place a binding order with us for the products in your shopping cart. We immediately confirm receipt of your order by e-mail. This does not constitute acceptance of contract.

 

The purchase contract is only entered into upon our explicit declaration or upon shipment of the goods. We save the contract text and send the order data and our GTCs to you by e-mail. The contract text cannot be accessed online once the order has been placed for security reasons.

 

You give your consent to receiving electronic invoices and correspondence relating to the contract via e-mail.

 

 

3. Cancellation

Cancellation rights notice

 

Right of cancellation

 

You have the right to cancel this contract within fourteen days without giving reasons.

 

The cancellation deadline is fourteen days after the date on which you or an appointed third party who is not the carrier took possession of the final part delivery or final item.

 

To exercise your cancellation right you have to send an unequivocal cancellation notice to us at Licht im Raum Dinnebier GmbH, Graf-Adolf-Str. 49, 40210 Düsseldorf, e-mail: info@Licht-im-Raum.de, tel: +49 (0)211 994 000, fax: +49 (0)211 994 0050 – (e.g. a letter sent by surface mail, a fax or an e-mail) informing us of your decision to cancel this contract. You may, but are not required to, use the enclosed model cancellation form for this purpose. You can fill in and send us the electronic model cancellation form or another unequivocal declaration on our website. If you take advantage of this option we will send confirmation of receipt of your cancellation without delay (e.g. by e-mail).

 

The cancellation deadline shall be deemed to have been observed if your cancellation notice was sent before the expiry of the deadline.

 

Consequences of cancellation

 

If you cancel this contract, we must reimburse to you any payments which we have received from you, including costs of delivery (with the exception of the additional costs incurred if you have chosen a different form of delivery than the cheapest standard delivery offered by us), without delay, but at the latest within fourteen days of the date on which your notification of cancellation of this contract is received by us. We will use the means of payment used by you for the original transaction to reimburse you, unless an alternative has been explicitly agreed with you. Under no circumstances will you be charged additionally for such reimbursement.

 

You must return the goods by post or in person without delay and, at latest, within fourteen days of the date on which you sent us the notification of cancellation of this contract to the following address:  Licht im Raum Dinnebier GmbH, Graf-Adolf-Str. 49, 40210 Düsseldorf. This deadline is deemed met if you dispatch the goods before the expiry of the fourteen-day time-limit. You are required to pay the direct costs of returning the goods. You will only be required to compensate for any loss of value in the goods if such loss of value is due to handling of the goods in a way which was not necessary for the purpose of inspecting the condition, features and workings of the goods.

 

End of cancellation policy

 

Download/print out the cancellation rights notice in PDF format:

 

PDF

 

 

4. Exclusion/expiration of the right to cancellation

Under section 312g, paragraph 2 BGB there is no cancellation right with contracts for the delivery of goods which are not prefabricated and can only be manufactured in accordance with the consumer’s individual choices or instructions, or goods which are tailored to the consumer’s specific personal needs. The cancellation right also expires prematurely with contracts for the delivery of sealed goods which cannot be resealed once delivered and opened for health protection or hygiene-related reasons.

 

 

5. Warranty/statutory rights

In the event that a supplied product has an obvious material or production defect, including transport damage, please notify the carrier who delivered the product or us (fax/phone) without delay. Failure to provide notification of defects does not in any way affect your statutory warranty rights.

 

The statutory provisions on warranty and defect liability apply. For all defects of the purchased goods that occur during the legal warranty period, you are legally entitled, at your choice, to demand subsequent delivery, repair or replacement, and – if the law so permits – further claim a price reduction or revocation of the contract and damages.

 

 

6. Prices, shipping costs, delivery

All stated prices include statutory VAT at the currently effective rate of 19%. We also charge any freight and/or shipment costs to you. Further information about costs is provided in conjunction with the products in the web shop.

 

Unless otherwise stated, the following shipment costs apply:

 

Germany: free shipment

Norway: 50 euros

Switzerland: 50 euros

EU: 25 euros

 

You can always collect the goods from us yourself at the following address:

 

Licht im Raum Dinnebier GmbH

Graf-Adolf-Str. 49

40210 Düsseldorf

 

 

7. Terms of delivery

Deliveries are effected to the address provided in the order. We do not make deliveries to packaging stations. The products in our web shop are regularly available for delivery within 14 days. If a longer delivery period applies to a specific product the delivery period is stated separately in the web shop product text.

 

If it is not possible to deliver the product to the purchaser because the package does not fit through the entrance door, the front door or the stairwell at the purchaser’s home, or the purchaser was not at the stated address to accept the product despite having received reasonable advance notification of the delivery date and time, the purchaser shall pay the costs of the failed delivery.

 

 

8. Retention of title, terms of payment

We retain title to all goods delivered by us until payment in full has been effected.

 

You can pay by advance payment, bycredit card or via PayPal.

 

If you select the payment type of advance payment we will send a separate mail with our bank details and deliver the goods after receipt of payment.

 

If you select the payment type of credit card you transfer your credit card details to us when you place the order. After your legitimation as the rightful credit card holder, we will instruct your credit card provider to initiate the payment transaction immediately after you place your order. The payment transaction is automatically charged to your card by the credit card company. 

 

PayPal: During the order process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, enter your access data for legitimation and confirm the payment instructions to us. When you place the order in the web shop we request PayPal to initiate the payment transaction. The payment transaction is then automatically effected by PayPal directly afterwards. Further information is provided during the order process.

 

 

9. Limitation of liability

We have unlimited liability for damage caused through deliberate or grossly negligent breach of obligation by us, one of our legal representatives or vicarious agents. We also have liability for the negligent breach of material obligations. Material obligations are obligations which are essential to the performance of the contract, or whose fulfilment is a prerequisite for the proper execution of the contract and which you may routinely expect to be met. In this case, our liability is limited to typical and foreseeable damages. We shall not be liable for the negligent breach of obligations not specified above.

 

The above limitations on liability do not apply in the event of damage resulting from loss of life, physical injury and health, or a defect after the assumption of a guarantee for the quality of the product, or in the event of maliciously concealed defects. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected. In the event that our liability should be excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

 

 

10. Extrajudicial dispute resolution

The European Commission provides a platform for online dispute resolution (ODR) which can be found here: https://ec.europa.eu/consumers/odr/.  

 

We are not under obligation or willing to participate in any conflict resolution process before a consumer conciliation board.

 

 

 

GTCs for merchants/entrepreneurs/legal entities

 

 

GENERAL TERMS AND CONDITIONS OF BUSINESS, DELIVERY AND PAYMENT of Licht im Raum Dinnebier GmbH, Graf-Adolf-Str. 49, 40210 Düsseldorf, tel. +49 (0)211 994 000, Fax. +49 (0)211 994 0050, e-mail info@Licht-im-Raum.de

 

These GTCs are effective in business transactions with entrepreneurs pursuant to section 14 of the German Commercial Code (Bürgerliches Gesetzbuch, BGB), merchants as defined in the German Commercial Code (Handelsgesetzbuch, HGB), legal entities under private and public law and traders. Last revised: 2018

 

 

1. Scope of validity

The following General Terms and Conditions apply to all goods and services supplied to entrepreneurs pursuant to section 14 BGB, merchants pursuant to HGB, legal entities under private and public law and traders. These terms and conditions also apply to all future transactions with contractual business partners without further notice, even if we have not made explicit reference to their applicability. We expressly reject herewith business partner terms and conditions which deviate from or conflict with these General Terms and Conditions, also with effect for future transactions. Even the execution of a contract without reservation does not constitute our recognition of our business partners’ terms and conditions. Agreements and subsidiary agreements deviating from these terms and conditions must be made in writing to be effective.

 

 

2. Offer, contract conclusion, content

The presentation of our products on the pages of the Licht im Raum web shop does not constitute a binding offer to conclude a purchase contract with you. The web shop is a non-binding online catalogue. You can click on the “Add to shopping cart” button to add a product to the virtual shopping cart without obligation and check your entries before making a binding order and payment commitment. If necessary, you can use the correction options provided to correct your entries. By clicking the “Order and pay” button you place a binding order with us for the products in your shopping cart. The purchase contract does not enter into force until we confirm the receipt and content of your order in a commercial order confirmation sent to you by e-mail.

 

The content of the contract is based exclusively on our order confirmation. Special agreements – special terms, delivery details, discounts, etc. – are only stated in our order confirmation. The contract text of your order cannot be accessed online once the order has been placed for security reasons.

 

You give your consent to receiving electronic invoices and correspondence relating to the contract via e-mail.

 

The products and services we offer are subject to change; catalogues and all other sales documents, instructions for use and technical information sheets, information from manufacturers or their vicarious agents in accordance with section 434, paragraph 1, no. 3 BGB, including the electronic versions are not deemed to be quality assurances and/or quality guarantees.

 

 

3. Prices, terms of payment, default

The prices stated in our order confirmation apply exclusively. Shipment and transport costs may also apply as stated in our order confirmation. Our invoices are due and payable upon receipt without deduction – unless otherwise agreed in our order confirmation. If payment is not effected and we send a payment reminder by e-mail the customer is in default of payment pursuant to section 286 BGB as of the day after the date on which the e-mail is sent. If a different payment deadline has been agreed in our order confirmation, default is effective upon expiry of the payment deadline without a payment reminder having been sent. Commencing on the date of default on payment we are entitled to charge default interest on the invoiced amount of 9 percentage points above the effective base rate. At our discretion, payments received will either be offset against accounts receivable or offset in accordance with section 367 BGB. Our business, trade or commercial partners only have the right to offset and/or withhold payments with own claims or receivables which are undisputed or non-appealable.

 

 

4. Delivery and shipment

All orders will be shipped to the delivery address in the Federal Republic of Germany stated in the order. Shipment, loading and transportation shall always be at the risk and expense of the business partner or purchaser. We will determine the correct shipping method. The risk of accidental loss or deterioration passes to the customer when the goods are handed over to the carrier/freight forwarder. Stated delivery times and dates are always non-binding. Fixed date delivery transactions pursuant to section 376 HGB are subject to an explicit written agreement. When fixed delivery dates are agreed (fixed delivery dates are subject to written agreement) the deadline is deemed to have been met if the goods have left our warehouse/factory before the deadline expires. Delivery deadlines are extended in the event that our suppliers default on delivery.

 

 

5. Compensation for damages

We are not liable for damages in the event of delayed deliveries or other defects in performance unless they were caused by intentional misconduct or gross negligence. This applies, in particular, to consequential damages.

 

 

6. Retention of title

 (1) We retain title to the delivered goods until any and all receivables arising from the delivery contract have been paid in full. This also applies to all future deliveries, even without express reference to this clause. We reserve the right to reclaim the goods if the purchaser contravenes contractual obligations.

 

(2) The purchaser is under obligation to handle the goods to which title has been retained with due care. Until transfer of ownership has taken place, the purchaser is required to inform us in writing without undue delay in the event of attachments or other third party interventions involving the reserved-title goods. If the third party is not able to reimburse the costs of legal proceedings or extra-judicial negotiations in connection with legal action pursuant to section 771 of the German Code of Civil Procedure (Zivilprozessordnung, ZPO), the Customer shall reimburse such costs to us. 

 

(3) The purchaser is entitled to dispose of the goods to which title has been retained within the scope of the normal course of business. The purchaser herewith assigns henceforth to us all receivables from customers arising from the onward sale of the goods to which title has been retained in the amount of the agreed final invoice (including value added tax). This assignment is effective irrespectively of whether the purchased goods are resold before or after processing. The purchaser remains entitled to collect customer receivables, even after the assignment. This does not affect our right to collect the receivable ourselves. However, we undertake to refrain from collecting the receivable for as long as the purchaser meets the payment obligations from the collected revenues, is not in default of payment or, in particular, has not filed an application to open composition or insolvency proceedings, or has not ceased to make payments. 

 

(4) The processing or modification of the goods by purchaser is always performed on our behalf. The purchaser’s expectant right to the goods continues to apply to the processed or modified items. If the purchased product is combined with objects which are not owned by us, we acquire proportional co-ownership to the new item at the ratio of the objective value of the item to which title is retained to the combined objects at the time of processing. The same applies if the goods are combined in such a way that the purchaser’s item is viewed as the principle object. In such cases it is agreed that the purchaser shall accord proportionate co-ownership to us and safe keep the thus created exclusively owned or co-owned object for us. In order to secure our claims vis-à-vis the purchaser, the purchaser herewith assigns henceforth to us all claims vis-à-vis third parties arising from the combination of the reserved-title product with a piece of land. We hereby accept the assignment. 

 

(5) We undertake to release the securities to which the purchaser is entitled at the purchaser’s request when the realisable value exceeds the receivables secured by more than 20%. 

 

 

7. Liability for defects, warranty

 (1) Our business customers’ warranty rights are subject to their inspection of the delivered goods without delay in accordance with section 377 HGB and, if a defect is identified, their provision of notification of defect to us without delay. If the purchaser fails to thoroughly inspect the goods or fails to notify us of any defect without undue delay, the goods are deemed to have been accepted, even if they have significant deviations and defects, unless the defect was not identifiable as such during the inspection.

 

(2) Defect claims are subject to a limitation period of 12 months commencing upon our delivery of the goods to our customer. Our permission must be obtained before the goods are returned. 

 

(3) If, despite all due diligence, the supplied product has a defect which already existed at the time when the risk was transferred, we are entitled on a discretionary basis to either remedy the defect or supply a replacement item. Initially, we must always be given the opportunity to render subsequent performance within a reasonable period of time. Recourse claims are in no way affected by the above provisions. 

 

(4) If subsequent performance fails, the purchaser is entitled to either cancel the contract or demand a reduction in the agreed price, without prejudice to any claims for damages.

 

 

8. Place of performance, legal venue, applicable law, partial invalidity

The place of performance for all disputes – including actions on bills of exchange and cheques – is Düsseldorf. Our business relationships with customers are governed exclusively by German law. Should any provision of these terms and conditions be invalid, it shall not affect the validity of the remaining provisions.