1. Area of application
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
These General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract
The contract of sale is concluded with Leuchtstark Vertiebs GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You may place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We store the text of the contract and send you the order data and our terms and conditions by e-mail. You can view the contract text in our customer login.
4. Terms of delivery
Shipping costs are added to the indicated product prices. You can find out more about the shipping costs in the offers.
We deliver only in the dispatch way. A pickup of the goods is unfortunately not possible.
5. Payment
In our shop you can choose between the following payment methods:
Prepayment
If you choose payment in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Cash on delivery
You pay the purchase price directly to the deliverer. There are additional costs of 9,5 Euro.
PayPal Plus
In the context of the payment service PayPal Plus we offer you different payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the PayPal payment method, you must be registered there in order to be able to pay the invoice amount, or you must first register and legitimise yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.
If you have chosen the payment method credit card, you do not have to be registered at PayPal to pay the invoice amount. The payment transaction will be carried out by your credit card company at PayPal's request immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder. You will receive further instructions during the ordering process.
If you have chosen the direct debit payment method, you do not have to be registered with PayPal to pay the invoice amount. By confirming the payment instruction you give PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.
If you have chosen the payment method invoice, you do not have to be registered with PayPal to pay the invoice amount. After successful address and creditworthiness check and submission of the order, we assign our claim to PayPal. In this case, you can only pay PayPal with debt-discharging effect. For payment processing via PayPal - in addition to our terms and conditions - the terms and conditions and privacy policy of PayPal apply. Further information and the complete PayPal terms and conditions for purchase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
Giropay
After placing your order you will be redirected to the website of your bank. In order to be able to pay the invoice amount via Giropay, you must have an online banking account with PIN/TAN procedure that has been activated for participation in Giropay, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards and your account will be debited.
Paydirekt
After placing the order you will be redirected to the website of the online provider paydirekt. In order to be able to pay the invoice amount via paydirekt, you must have an online banking account activated for participation in paydirekt, be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us.
Immediately after the order we request paydirekt to initiate the payment transaction. The payment transaction is carried out automatically by paydirekt. You will receive further instructions during the ordering process.
Invoice
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.
6. Retention of title
The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
7. Transport damages
For consumers applies:
If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
8 Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for defect claims is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
For entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not be liable for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The aforementioned restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in case of breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, insofar as agreed
- insofar as the scope of application of the Product Liability Act is opened up
Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online shop.
9 Liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of a promise of guarantee, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. Code of Conduct
We have subjected ourselves to the following codes of conduct:
Trusted Shops Quality Criteria
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_en.pdf
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are 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 place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our place of business.