Terms and conditions
General Terms and Conditions of Business for the LEMKEN Web Shop
§ 1 Scope, definitions
(1) For the business relations between
LEMKEN GmbH & Co. KG, Weseler Straße 5, 46519 Alpen, telephone +49 2802 81-0, represented by Anthony van der Ley (hereinafter: LEMKEN)
the Purchaser (hereinafter: Customer)
regarding the products and services from the LEMKEN Web Shop the following General Terms and Conditions of Business, in the version as amended on the date of purchase, are solely applicable. LEMKEN recognises no diverging General Terms and Conditions of Business of the Customer, unless LEMKEN has expressly consented to these in writing.
(2) The Customer is a consumer insofar as the purpose of the goods or services offered cannot be predominantly associated with his commercial or independent professional activity. Conversely, an entrepreneur is every natural or legal person, or partnership having legal capacity, which exercises its commercial or independent professional activity in concluding the contract.
§ 2 Conclusion of the Contract
(1) The representation and promotion of products or services in the LEMKEN Web Shop does not constitute any binding offer for the conclusion of a contract.
(2) By sending an order to the LEMKEN Web Shop by clicking on the 'Commit to order' button the Customer is issuing a legally binding offer. Before despatching the order the Customer shall be able to amend and review the data at any time. However, the request can be issued and transferred only if the Customer accepts the terms of the contract by clicking on the "I have read the GTC of your shop and agree that they are valid." button and has thus incorporated them into his request.
(3) LEMKEN shall confirm the offer issued without delay by e-mail. Such an e-mail does not contain any binding acceptance of the offer, unless as well as confirming receipt the e-mail also declares acceptance.
(4) The contract does not come into existence until a declaration of acceptance has been issued by LEMKEN; this is sent in a separate e-mail (confirmation of order).
(5) If on the date of the Customer's order no examples of the products selected by him are available, LEMKEN shall immediately inform the Customer of this in the confirmation of order. If the product cannot be supplied in the long term, LEMKEN will refrain from sending a declaration of acceptance. In this case no contract shall come into existence.
(6) German is the language of conclusion of the contract.
§ 3 Delivery, availability of goods
(1) Unless a different delivery period is declared by the LEMKEN Web Shop for the respective product or service, the delivery period shall be 10 working days. The delivery period is calculated from the date of confirmation of order.
(2) LEMKEN is entitled to part deliveries, if it is temporarily impossible to deliver a portion of the goods ordered. In this case LEMKEN shall bear any additional shipping costs. If on the date of the Customer's order no examples of the product selected by him are available, LEMKEN shall immediately notify the Customer of this.
(3) In the case of some of the services offered there may under certain circumstances be a restriction of service by virtue of technical constraints in individual areas. The Customer can consult the specific constraints in the respective service specification in the LEMKEN Web Shop.
§ 4 Retention of title
(1) The goods delivered remain the property of LEMKEN until receipt of payment in full.
§ 5 Prices and shipping costs
(1) The prices on the date of order are the valid prices. All prices are understood to include German Value Added Tax in force at any given time, plus any shipping costs incurred.
(2) The goods are shipped by insured parcel service. If the Customer is a consumer, LEMKEN bears the shipping risk.
§ 6 Payment terms
(1) The payment of the purchase price or for the services may be made at customer request in the case of one-off payments by cash on delivery, advance payment, credit card or by PayPal. In the case of recurring payments, for example where a subscription has been concluded, payment is by SEPA direct debit.
(2) In the case of payment by cash on delivery additional costs in the amount of €6.90 shall be incurred.
§ 7 Warranty
(1) The Customer's rights under warranty comply with the general statutory provisions, in particular §§ 434 et seq. German Civil Code. For entrepreneurs the warranty period for products supplied by LEMKEN is 12 months.
(2) Any additional guarantees concerning the respective product, which LEMKEN issues expressly in the confirmation of order, shall apply together with the claims in paragraph (1).
§ 8 Liability
(1) Claims for compensation in damages by the Customer are excluded. This shall not apply to claims for compensation in damages by virtue of injury to life, limb or health and claims for compensation for damages arising from the breach of material contractual duties (cardinal duties) and liability for other losses, which rely on a culpably intentional or grossly negligent breach of duty by LEMKEN, its legal representatives or vicarious agents. Material contractual duties are those, the fulfilment of which is necessary in order to attain the purpose of the contract.
(2) In the case of breach of material contractual duties LEMKEN accepts liability only for foreseeable losses, typical of the contract, if these have been caused by simple negligence, unless the claims for compensation in damages by the Customer arise from injury to life, limb or health. A loss is foreseeable, if the user typically could foresee the loss as a consequence of culpable breaches of duties material to the contract.
(3) The restrictions in paragraphs (1) and (2) also apply in favour of the legal representatives and vicarious agents of LEMKEN, if claims are made directly against these last.
§ 9 Consumer's right of revocation
(1) If the Customer is a consumer, on the conclusion of a distance marketing transaction he has as a matter of principle the statutory right of revocation, the regulations for which are set out in the following guidance on the right of revocation:
Guidance on the right of revocation
Right of revocation
You have the right to revoke this contract within 14 days without giving reasons.
The revocation period is fourteen days. For purchase contracts the revocation period begins from the date on which you or a third party nominated by you, who is not the carrier, took possession of the last assignment of goods. For services the revocation period starts on conclusion of the contract.
To exercise your right of revocation you must notify us, LEMKEN GmbH & Co. KG, Weseler Straße 5, 46519 Alpen (firstname.lastname@example.org), by means of an unambiguous statement (e.g. a letter sent by post, a fax or an e-mail) of your decision to revoke this contract. For this purpose you may use the attached Specimen Revocation Declaration Form, but this is not compulsory. You may also fill out the return voucher accompanying the goods and return it to us together with the goods.
To safeguard the revocation it is sufficient to send the notification of the exercise of the rights of revocation prior to the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we are obliged to refund to you all payments, which we have received from you, including delivery costs (with the exception of any additional costs, which are incurred, because you have selected a type of delivery other than the standard, most cost-effective delivery) without delay and at the latest within 14 days from the date on which we received the notification of your revocation of this contract. We refund your payment by the same payment method, which you used in the original transaction, unless otherwise expressly agreed with you; on no account are you charged a fee for this reimbursement. We may refuse to make the repayment until we have received the returned goods or until you have submitted the evidence that you have returned the goods, depending on which is the earlier point in time.
You must return or surrender the goods to us without delay and in any case within 14 days from the date, on which you notified us about the revocation of this contract. The period is complied with, if you despatch the goods prior to the expiry of the period of 14 days. We shall bear the direct costs of returning the goods.
If you have required that the service should be commenced during the revocation period, you must pay us a commensurate amount, which equates to the proportion of the services performed until the date on which you notified us of the exercise of your right of revocation with respect to this contract in comparison to the full scope of the services provided for in the contract.
(2) The right of revocation does not exist in the case of contracts for the supply of sound and video recordings in sealed packaging, if the seal has been removed subsequent to delivery.
(3) LEMKEN notifies the Customer about the Specimen Revocation Declaration Form as follows:
Specimen Revocation Declaration Form
(If you wish to revoke the contract, please fill out this form and return it to us.)
– To LEMKEN GmbH & Co. KG, Weseler Straße 5, 46519 Alpen (email@example.com):
– I/we hereby revoke the contract concluded by me/us regarding the purchase of the following goods (*)/ the performance of the following service (*).
– Ordered on (date) (*)/ performed on (date) (*)
– Name of the consumer
– Address of the consumer
– Signature of the consumer (only for notification on paper)
(*) Delete where inapplicable.
§ 10 Applicable law and Court of jurisdiction
(1) The law of the Federal Republic of Germany applies to the contractual relationship between LEMKEN and the Customer to the exclusion of the Uniform Laws on the Purchase and Sale of Goods (Hague Convention on the Law Applicable to International Sale of Goods) and the United Nations Convention on Contracts for the International Sale of Goods.
(2) Court of jurisdiction for all disputes arising from the contractual relationship between the Customer and LEMKEN is LEMKEN's registered office, if the Customer is a merchant, a corporate body under public law or a special fund under public law.
§ 11 Severability clause
If any provision in these General Terms and Conditions of Business is invalid, the validity of the remaining provisions shall not be affected thereby.