General Terms and Conditions
General Terms and Conditions
Lührmann Deutschland GmbH & Co. KG
Osterberger Reihe 2-8, 49074 Osnabrück
(as of January 2020)
1. General provisions
We sell and deliver the goods offered for purchase at www.luehrmann.de exclusively on the basis of the following General Terms and Conditions of Sale outside the customer area. We do not recognise conflicting conditions unless we have expressly agreed to their validity in writing. Our General Terms and Conditions of Contract shall also apply if we carry out the ordered delivery without reservation in the knowledge that the Buyer's terms and conditions conflict with or deviate from our General Terms and Conditions of Contract.
2. Conclusion of contract
2.1 Our offers are subject to change.
2.2 The Buyer's order is a binding offer to conclude a purchase contract.
2.3 The order is placed online on the pages under the domain www.luehrmann.de. In case of acceptance of the order, we will send an order confirmation to the Buyer.
3. Right of withdrawal
Insofar as the Buyer who orders goods on our homepage is a consumer within the meaning of § 13 BGB (German Civil Code) and who concludes the contract for a purpose that can be attributed neither to its commercial nor its independent professional activity, we would like to point out the following:
- The languages available for the conclusion of the contract are German and English.
- The essential characteristics of the goods offered by us as well as the period of validity of limited offers can be found in the individual product descriptions within our website offer.
- The presentation of our goods does not constitute a binding offer on our part. Only the order of goods by you is a binding offer according to § 145 BGB. Should this offer be accepted, we will send you an order confirmation by email. With this, the contract between you and us comes into effect.
- You can identify any input errors when placing your order during the final confirmation and correct them at any time using the delete and change function before sending the order.
- If the goods you ordered are not available, we reserve the right not to provide the service.
- The prices we quote are final prices including taxes and shipping within the Federal Republic of Germany.
- The price is due immediately when the order is placed.
You have a right of withdrawal, unless it concerns contracts for the delivery of goods that are not suitable for return due to their nature or contracts for the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by you.
Right of withdrawal
You can withdraw from your contract within 14 days without giving reasons, either in text form (e.g., letter, fax, email) or - if the item is handed over to you before the deadline - also by returning the item. The period begins after receipt of this notification in text form, but not before receipt of the goods by the consignee (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB (Introductory Act to the German Civil Code) as well as our obligations pursuant to § 312g (1) sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely sending of the withdrawal or the item shall suffice to comply with the withdrawal period. The withdrawal is to be addressed to:
Lührmann Deutschland GmbH & Co.KG
Osterberger Reihe 2-8
Fon +49 (0)541 2 99 99 500
Fax +49 (0)541 2 99 99 555
Consequences of withdrawing
In the event of an effective withdrawal, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the goods or services received, or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. You only have to pay compensation for the deterioration of the item and for any use made of it if the wear or deterioration is due to handling of the item that goes beyond checking its properties and functionality. 'Testing of the properties and functionality' is understood to mean testing and trying out the respective goods, such as is possible and customary in a retail store. Items that can be shipped by parcel are to be returned at our expense and risk. Items that cannot be shipped by parcel will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the sending of your notice of withdrawal or of the item, and for us with their receipt.
END OF THE WITHDRAWAL NOTICE
4. Prices and terms of payment
4.1 Our prices include the applicable statutory value added tax including shipping costs.
4.2 The purchase price shall become due immediately upon conclusion of the contract and shall be payable within 14 days of sending the invoice (invoice date), failing which default in payment shall occur.
4.3 In the event of default in payment, we shall be entitled to demand from the Buyer default interest for the year in the amount of 5 percentage points above the base interest rate. If the Buyer is not a consumer within the meaning of § 13 BGB, the interest rate shall be 8 percentage points above the base rate. We reserve the right to assert further rights and claims due to delay in performance.
5. Shipment and transfer of risk; default of acceptance
5.1 If the Buyer is a consumer, the risk of accidental loss and accidental deterioration of the goods shall not pass to the Buyer until the goods are handed over, even in the case of a sale by dispatch.
5.2 The provisions of § 447 of the BGB (sale by dispatch) shall apply to orders placed by Buyers who are not consumers, even if the shipment is made using our own means of transport or from a place other than the place of performance or if we pay the freight costs.
5.3 Packaging shall be as customary in the trade, unless a special type of packaging has been agreed.
6. Delivery times, deliveries, availabilities
6.1 The time of dispatch from the supplier's registered office shall be decisive for compliance with the delivery times.
6.2 Information on delivery periods and dates shall not be binding, unless the delivery period or the delivery date has been confirmed as binding by way of exception. The delivery time is usually about 5 working days. Delivery is made during the day during normal business hours. If the goods ordered by the buyer are not available, we reserve the right not to provide the service.
7. Rights in case of defects
7.1 Insofar as the delivered goods are defective, the Buyer shall be entitled to demand rectification within the scope of the statutory provisions. This shall not apply if we are entitled to refuse rectification on the basis of the statutory provision. The Buyer must grant us a reasonable period of time for rectification.
7.2 Rectification shall be effected at the Buyer's discretion by removing the defect or delivering new goods. The Buyer is not entitled to reduce the purchase price or withdraw from the contract during the rectification. If we have attempted to remedy the defect twice in vain, it shall be deemed to have failed. If the rectification has failed or if a reasonable period to be set by the Buyer for the rectification has expired unsuccessfully or is dispensable according to the statutory provisions, the Buyer may withdraw from the contract or reduce the purchase price. In the event of an insignificant defect, however, there shall be no right of withdrawal.
7.3 The Buyer may only assert claims for damages due to a defect and only in accordance with Section 9 if the rectification has failed. The Buyer's right to assert further claims for damages under the conditions set out in Section 9 shall remain unaffected.
8. Retention of title
8.1 The delivered goods shall remain our property until our claims against the Buyer have been satisfied.
8.2 In the event of the culpable breach of important contractual obligations by the Buyer, in particular in the event of default in payment, we shall be entitled to withdraw from the contract and demand the return of the goods.
9. General limitation of liability
9.1 We shall be liable without limitation for intent and gross negligence (also of our legal representatives and vicarious agents). We shall also be liable for the negligent breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract, the breach of which jeopardises the achievement of the purpose of the contract and the compliance with which the Buyer may regularly rely on. In the latter case, however, our liability shall be limited to the foreseeable damage typical for the contract.
9.2 The above limitations of liability shall not apply to damages resulting from injury to life, body or health. Nor shall they apply insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. Liability under the Product Liability Act shall also remain unaffected.
9.3 The above limitations of liability shall also apply in favour of our legal representatives, employees and vicarious agents.
10. Notes on data protection and data processing
10.1 We collect data of the Buyer as part of the processing of the usage contract. In doing so, we observe the regulations of the Federal Data Protection Act and the Telemedia Act. Without the consent of the Buyer, we shall only collect, process or use the Buyer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telephone services.
10.2 We shall not use the Buyer's data for purposes of advertising, market research or opinion polling without the Buyer's consent.
10.3 When logged in, the Buyer has the option at any time to call up the data stored about it under the path 'Research - My Data' in its profile and to change or delete this data.
11. Final provisions
11.1 The law of the Federal Republic of Germany shall apply exclusively, excluding the provisions of the CISG (UN Convention on Contracts for the International Sale of Goods).
11.2 Unless otherwise provided for in these General Terms and Conditions of Contract or in mandatory statutory provisions, the Buyer shall not be entitled to transfer its rights and obligations under this contract to third parties.
11.3 If the Buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive - including international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of Lührmann in Osnabrück. However, we are also entitled to bring an action at the general place of jurisdiction of the Buyer.