General Terms and Conditions

§ 1 General, scope of application

Our terms and conditions of sale apply exclusively; we do not recognize any terms and conditions of the customer that conflict with or deviate from our terms and conditions of delivery and payment unless we have expressly agreed to their validity in writing. Our terms and conditions of delivery and payment shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from our terms and conditions of delivery and payment.
The processing of all orders placed with us, including webshop orders, is always based on our order confirmation, unless otherwise agreed in writing in individual cases.

Our terms and conditions of sale shall only apply to entrepreneurs within the meaning of § 310 para. 1 BGB.

 

§ 2 Offer, offer documents

If the order is to be qualified as an offer in accordance with § 145 BGB, we can accept this within 2 weeks.

We reserve the property rights and copyrights to illustrations, drawings, calculations and other documents. Unless otherwise agreed in writing, the information contained therein does not constitute warranted characteristics.

§ Section 2 a Conclusion of contract for webshop orders

If the customer orders goods via our webshop, the following additional contractual conditions shall apply:
The presentation and advertising of goods in our web store do not constitute a binding offer to conclude a purchase contract.
The customer can select from our online range and collect this in a so-called shopping cart by clicking the “Add to cart” button. By clicking on the “Order with costs” button, the customer submits a binding request to purchase the goods in the shopping cart. The buyer can view and change the data at any time before submitting the order. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the “Accept GTC” button and has thereby included them in his application.
We will then send the customer an automatic confirmation of receipt by e-mail, in which the order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that we have received the order and does not constitute acceptance of the request. The contract is only concluded when the declaration of acceptance is submitted, which is sent in a separate e-mail (order confirmation).

Contracts with the customer shall be concluded exclusively in German or English, depending on whether the customer places the order via the German or English-language page of our web store. If the order is placed by the customer via our German-language website, the German version of these General Terms and Conditions shall apply exclusively. If the order is placed via our English-language website, only the English version of these General Terms and Conditions shall apply.

 

§ 3 Prices, terms of payment

Unless otherwise stated in the order confirmation, our prices are “ex works”, excluding packaging; this will be invoiced separately.

The minimum order value is € 20.00 net.
The statutory value added tax is not included in our prices; it will be shown separately on the invoice at the statutory rate on the day of invoicing.

Goods reported as ready for dispatch will be invoiced immediately. The statutory provisions on default of acceptance shall remain unaffected.
The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, he is authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
We have the right to assign our claims against the customer to a third party.

If the customer is in default of payment with a claim, all other claims against the customer can be made due.

The customer shall bear all fees, costs and expenses incurred in connection with any successful legal action against him outside Germany.

 

§ 4 Delivery

The start of the delivery period stated by us presupposes that all technical questions have been clarified. Compliance with our delivery obligation further presupposes the timely and proper fulfillment of the customer’s obligation.
The defense of non-performance of the contract remains reserved. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims.
If the loading or transportation of the goods is delayed for a reason for which the buyer is responsible, we shall be entitled to store the goods at the buyer’s expense and risk at our reasonable discretion, to take all measures deemed appropriate to preserve the goods and to invoice the goods as delivered.
If the requirements of § 4 Delivery of these General Terms and Conditions are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor’s delay.

We shall be liable in accordance with the statutory provisions insofar as the underlying purchase contract is a transaction for delivery by a fixed date within the meaning of § 286 para. 2 No. 4 BGB or Section 376 HGB. We shall also be liable in accordance with the statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to assert that his interest in the further fulfillment of the contract has ceased to exist.
We shall also be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; fault on the part of our representatives or vicarious agents shall be attributed to us. If the delivery contract is not based on an intentional breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage.
We shall also be liable in accordance with the statutory provisions insofar as the delay in delivery for which we are responsible is due to the culpable breach of a material contractual obligation; in this case, however, liability for damages shall be limited to the foreseeable, typically occurring damage.
Furthermore, in the event of a delay in delivery for which we are responsible, the customer shall be entitled to demand a lump-sum compensation for delay amounting to 1% of the delivery value for each full week of delay, but not more than 3% of the delivery value.
Further legal claims and rights of the customer remain reserved.

 

§ 5 Transfer of risk

Unless otherwise stated in the order confirmation, delivery “ex works” is agreed. If the customer so wishes, we will cover the delivery with transport insurance; the costs incurred in this respect shall be borne by the customer.

 

§ 6 Warranty for defects

Claims for defects on the part of the customer presuppose that he has properly fulfilled his obligations to inspect the goods and give notice of defects in accordance with § 377 HGB (German Commercial Code).
If there is a defect in the purchased item, the customer shall be entitled, at his discretion, to demand the rectification of the defect or the delivery of a defect-free item as subsequent performance. In the event of rectification of the defect, we shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of performance. If the subsequent performance fails, the customer shall be entitled, at his discretion, to withdraw from the contract or demand a reduction in price.
We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, liability for damages shall be limited to the foreseeable, typically occurring damage. We shall be liable in accordance with the statutory provisions if we culpably breach a material contractual obligation; in this case, however, our liability for damages shall be limited to the foreseeable, typically occurring damage.
Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act. Unless otherwise stipulated above, liability is excluded. The limitation period for claims for defects is 12 months, calculated from the transfer of risk.

 

§ 7 Joint and several liability

Any further liability for damages other than that provided for in § 6 is excluded, irrespective of the legal nature of the claim asserted. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage pursuant to Section 823 BGB.
Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.

 

§ 8 Retention of title

We reserve title to the object of purchase until receipt of all receivables already accrued at the time of conclusion of this contract, including all receivables from follow-up orders, repeat orders and spare parts orders. If the customer acts in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the purchased item.
If we take back the purchased item, this shall not constitute a withdrawal from the contract unless we have expressly declared this in writing. The seizure of the purchased item by us shall always constitute a withdrawal from the contract. After taking back the purchased item, we shall be authorized to sell it; the proceeds from the sale shall be set off against the customer’s liabilities – less reasonable selling costs.
The customer is obliged to treat the purchased item with care; in particular, he is obliged to insure it adequately at his own expense against fire, water damage and theft at replacement value. If maintenance and inspection work is required, the customer must carry this out in good time at his own expense.
In the event of seizures or other interventions by third parties, the customer must inform us immediately in writing so that we can take legal action in accordance with § 771 ZPO (German Code of Civil Procedure). If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.

 

§ 9 Data protection

You can find out more about data protection in our company here.
The company data protection officer of LKE Gesellschaft für Logistik- und Kommunikationsequipment mbH and its affiliated companies, Mr. Lothar Pater, can be contacted at

LP Management Consulting
Eisborner Weg 80 b
58710 Menden
Germany

E-mail: dsb@lp-office.de
Phone: +49 2373 – 984934
Fax: +49 2373 – 984934

 

§ 10 Place of jurisdiction, place of performance, reference to data storage and processing

The business relationship between us and the customer shall be governed by German law.
If the customer is a merchant, the place of jurisdiction is our place of business; however, we are also entitled to sue the customer at the court of his place of residence.
Unless otherwise stated in the order confirmation, our registered office is the place of performance.
The customer’s data is stored and processed as part of the business relationship.