Terms and Conditions

§ 1 General information, scope of application

Our terms and conditions of sale apply exclusively; we do not recognize any terms and conditions of the purchaser 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 purchaser without reservation, despite being aware of terms and conditions of the purchaser that conflict with or deviate from our terms and conditions of delivery and payment.
The processing of all orders placed with us, including web shop orders, is always based on our order confirmation, unless otherwise agreed in writing in individual cases.

Our terms and conditions of sale apply only to entrepreneurs within the meaning of Section 310 (1) of the German Civil Code (BGB).

 

§ 2 Offer, offer documents

If the order qualifies as an offer in accordance with § 145 BGB (German Civil Code), we may accept it within two weeks.

We reserve ownership rights and copyrights to illustrations, drawings, calculations, and other documents. The information contained therein does not constitute guaranteed characteristics, unless otherwise agreed in writing.

§ 2 a Conclusion of contract for web shop orders

If the customer orders goods via our online shop, the following contractual terms and conditions apply in addition:
The presentation and advertising of goods in our online shop do not constitute a binding offer to conclude a purchase contract.
The customer can select items from our online range and collect them in a so-called shopping cart by clicking on the "Add to cart" button. By clicking on the "Place order" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can view and change the data at any time. However, the request can only be submitted and transmitted if the customer accepts these terms and conditions by clicking on the "Accept Terms and Conditions" button and thereby includes them in their request.
We will then send the customer an automatic confirmation of receipt by email, 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 application. The contract is only concluded when the declaration of acceptance is sent in a separate email (order confirmation).

Contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German-language or English-language version of our online store. If the customer places the order 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 be authoritative.

 

§ 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.
Statutory value added tax is not included in our prices; it will be added to the invoice at the statutory rate on the date of invoicing.

Goods reported as ready for shipment will be invoiced immediately. The statutory provisions regarding default of acceptance remain unaffected.
The customer shall only be entitled to set-off rights if their counterclaims have been legally established, are undisputed, or have been recognized by us. In addition, they shall be entitled to exercise a right of retention insofar as their 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 one claim, all other claims against the customer may be declared due and payable.

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

 

§ 4 Delivery

The start of the delivery period specified by us is subject to the clarification of all technical questions. Compliance with our delivery obligation is also subject to the timely and proper fulfillment of the purchaser's obligations.
We reserve the right to raise the defense of non-performance of the contract. 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 transport 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.
Provided that the conditions 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 defaults on acceptance or payment.

We shall be liable in accordance with the statutory provisions if the underlying purchase contract is a fixed-date transaction within the meaning of Section 286 (2) No. 4 of the German Civil Code (BGB) or Section 376 of the German Commercial Code (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 its interest in the further performance 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; any fault on the part of our representatives or vicarious agents is attributable to us. Unless the delivery contract is 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 if the delay in delivery for which we are responsible is based on a culpable breach of a material contractual obligation; in this case, however, our 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 is entitled to demand lump-sum compensation for each completed week of delay in the amount of 1% of the delivery value, 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 is agreed to be "ex works." If the customer so desires, we will cover the delivery with transport insurance; the costs incurred in this regard shall be borne by the customer.

 

§ 6 Warranty for defects

Claims for defects by the customer require that the customer has duly fulfilled its obligations to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code).
If there is a defect in the purchased item, the customer is entitled, at its discretion, to demand the removal of the defect or the delivery of a defect-free item as subsequent performance. In the event of rectification of defects, 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 location other than the place of performance. If the subsequent performance fails, the customer shall be entitled, at its discretion, to demand withdrawal or reduction.
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. Unless we are accused of intentional breach of contract, our 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 an essential contractual obligation; in this case, however, 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 specified above, liability is excluded. The limitation period for claims for defects is 12 months, calculated from the transfer of risk.

 

§ 7 Total liability

Any further liability for damages beyond that provided for in § 6 is excluded, regardless 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 § 823 BGB.
Insofar as our liability for damages is excluded or limited, this also applies 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 purchased item until all claims arising at the time of conclusion of this contract have been settled, including all claims 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.
Our taking back the purchased item does not constitute a withdrawal from the contract, unless we have expressly declared this in writing. Our seizure of the purchased item always constitutes a withdrawal from the contract. After taking back the purchased item, we are entitled to sell it; the proceeds of the sale shall be offset against the customer's liabilities, less reasonable costs of sale.
The customer is obliged to treat the purchased item with care; in particular, they are obliged to insure it adequately at their own expense against fire, water, and theft damage at replacement value. If maintenance and inspection work is necessary, the customer must carry this out in good time at their own expense.
In the event of seizures or other interventions by third parties, the customer must notify 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 unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 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 for 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

Email: dsb@lp-office.de
Tel.: +49 2373 – 984934
Fax: +49 2373 – 984934

 

§ 10 Place of jurisdiction, place of performance, information on data storage and processing

German law applies to the business relationship between us and the customer.
If the customer is a merchant, our place of business is the place of jurisdiction; however, we are also entitled to sue the customer at their place of residence.
Unless otherwise stated in the order confirmation, our place of business is the place of performance.
The customer's data will be stored and processed within the scope of the business relationship.