General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Daniel Lorenz) via the website bernardo-maschinen.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions, if used, is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we provide you with a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" and make changes there at any time via the corresponding button in the navigation bar.
After clicking the "Checkout" or "Proceed to order" (or similar designation) button and entering your personal data as well as the payment and shipping terms, the order data will be displayed to you as an order summary.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be taken to the order summary page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order summary on the instant payment system provider's website or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the information in the order summary again, change it (also via the "back" function of the internet browser), or cancel the order.
By submitting the order via the corresponding button ("order subject to payment", "buy" / "buy now", "order for a fee", "pay" / "pay now" or similar designation), you legally bind yourself to accept the offer, whereby the contract is concluded.
(4) Your requests for an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., via email), which you can accept within 5 days (unless another period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not blocked by spam filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout", the payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website as well as in the online ordering process. "PayPal" may use other payment services for payment processing; if special terms and conditions apply to this, you will be informed of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).
§ 4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies additionally:
a) We retain ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transferring ownership by way of security is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that arise from the resale, and we accept the assignment. You are further authorized to collect the claim. Insofar as you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of the combination or mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the collateral we are entitled to at your request, insofar as the realizable value of our collateral exceeds the claim to be secured by more than 10%. We are responsible for selecting the collateral to be released.
§ 5 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to inform us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only deemed agreed if you were informed of this by us before the contractual declaration was submitted and the deviation was explicitly and separately agreed between the contracting parties.
(4) Insofar as you are an entrepreneur, the following applies in derogation of the above warranty provisions:
a) Only our own specifications and the manufacturer's product description are deemed agreed as the quality of the goods, but not other advertising, public promotions, and statements made by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide a warranty by way of repair or replacement. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects is considered to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances suggest otherwise. In the case of repair, we are not obliged to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This reduction in the period does not apply:
- for culpably caused damage resulting from injury to life, body, or health and for other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with rights regarding defects.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as this does not deprive the consumer of the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence (principle of favorability).
(2) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of the seller
LGH24 e.K.
Owner: Daniel Lorenz
Pflockenstr.14a
D-09376 Oelsnitz
Email: info@lgh24.de
HRA: 10408
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/consumers/odr (https://ec.europa.eu/consumers/odr).
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are in accordance with the provisions "Conclusion of Contract" of our General Terms and Conditions (Part I.).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again via email.
3.3. For requests for offers outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., via email, which you can print out or save electronically.
4. Codes of conduct
4.1. We have submitted to the "Käufersiegel" quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).
4.2. We have submitted to the quality criteria of Trusted Shops GmbH, viewable at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)
5. Essential characteristics of the goods or service
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment methods
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you additionally, unless free delivery has been promised.
6.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1. The delivery conditions, the delivery date, as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
If you are an entrepreneur, the delivery and shipment are at your own risk.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These GTC and customer information have been created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
Last update: 22.10.2024