General Terms and Conditions (GTC) of Karlhans Lehmann KG
§ 1 Scope of application
(1) These General Terms and Conditions (GTC) shall apply to all contracts concluded between you and us, Karlhans Lehmann KG, Kranichstraße 2a, 17235 Neustrelitz, unless otherwise expressly agreed in writing between you and us.
(2) Deviating or conflicting terms and conditions shall not be recognised by us unless we have expressly agreed to them.
(3) These GTC shall also apply to all future transactions between you and us and also if we carry out the delivery of the goods in the knowledge of deviating or conflicting conditions.
(4) These GTC, our services and offers and in particular our online shop are aimed exclusively at entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law within the meaning of § 310 para. 1 BGB. We can therefore demand that you provide us with sufficient proof of your entrepreneurial status before concluding a contract, e.g. by providing your VAT ID number or other suitable evidence. The data required for the proof must be provided by you completely and truthfully.
§ 2 Registration in our online shop; processing of your personal data
(1) You can only order goods in our online shop as a registered user. Registration alone does not constitute any obligation to purchase the goods offered by us.
(2) For information on the processing of your data, please read our data protection information linked in our online shop.
(3) You can log in using the e-mail address you have provided and the password you have chosen. You are obliged to keep the password secret and not to disclose it to third parties, i.e. persons outside your company or persons in your company who are not authorised to represent you.
(4) You can delete your user account at any time via your personal page in our online shop. If your personal details change, you are responsible for updating them yourself. All changes can be made online after logging in on your personal page under ‘Edit account details’.
§ 3 Conclusion of the contract, contract language
(1) You can order by telephone, by post and via our online shop. If your order constitutes an offer within the meaning of § 145 BGB, we are entitled to accept it within a period of two weeks.
(2) The presentation of the goods in our online shop does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum). By clicking on the ‘Order with costs’ button in the last step of the ordering process, you submit a binding offer to purchase the goods displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, but this does not constitute acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order by a separate e-mail or dispatch the goods. Please check the SPAM folder of your e-mail inbox regularly.
(3) The language provided for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. In the event of contradictions between the German text and the translation, the German text shall take precedence.
§ 4 Technical steps in the online shop up to the conclusion of the contract and correction of input errors
(1) As part of the ordering process, you first enter your data and then place the desired goods in the shopping basket. There you can change the desired quantity at any time or remove selected goods completely. If you have placed goods there, clicking on the ‘Continue’ buttons will take you to a page where you can select the shipping method and then the payment method. Finally, an overview page will open where you can check your details. You can correct your input errors (e.g. regarding dispatch, payment method or the desired quantity) by clicking on the ‘Back’ button.
(2) If you wish to cancel the order process completely, you can also simply close your browser window. Otherwise, after clicking on the confirmation button ‘Order with costs’, your declaration becomes binding within the meaning of § 3 para. 2 of these GTC.
§ 5 Storage of the contract text
The contractual provisions with details of the goods ordered and/or services booked, including these GTC, will be sent to you by e-mail upon acceptance of the contractual offer or upon notification thereof. We do not store the contractual provisions.
§ 6 Prices, terms of payment
(1) Our prices are ex works, plus the respective statutory value added tax and excluding the costs for packaging, unless expressly agreed otherwise.
(2) The purchase price is due for payment net within 30 days of invoicing. After the due date, default interest of 8% above the respective base interest rate p.a. shall be charged. We reserve the right to claim further damages caused by default.
(3) You are only entitled to set-off insofar as your counterclaims are undisputed or have been recognised by declaratory judgement. You are only entitled to assert rights of retention on the basis of counterclaims arising from the same contractual relationship.
§ 7 Terms of delivery
(1) We deliver the goods in accordance with the agreements made with you. Any shipping costs incurred are listed in the product description and will be shown separately on the invoice.
(2) Delivery is subject to the timely and proper fulfilment of the obligations by you. The defence of non-performance of the contract remains reserved.
(3) In the event of default of acceptance or other culpable breach of obligations to co-operate on your part, we shall be entitled to compensation for the resulting damage, including any additional expenses. We reserve the right to assert further claims. In this case, the risk of accidental loss or accidental deterioration of the goods shall pass to you at the time of default of acceptance or other breach of duties to co-operate.
(4) If the goods are dispatched at your request, the risk of accidental loss or accidental deterioration of the goods shall pass to you at the time of dispatch.
§ 8 Retention of title
(1) The goods shall remain our property until full payment has been made. In the event of breach of contract by you, including default of payment, we shall be entitled to reclaim the goods.
(2) You must treat the goods with care, insure them appropriately and, if necessary, maintain them.
(3) If the purchase price has not been paid in full, you must inform us immediately in writing if the goods are encumbered with third-party rights or exposed to other third-party interventions.
(4) You are authorised to resell the goods subject to retention of title in the ordinary course of business. However, you may not pledge the goods subject to retention of title or assign them by way of security. In this case, however, you hereby assign to us all claims arising from such a resale in the amount of the invoice value of our claim, regardless of whether this takes place before or after any processing of the goods delivered under retention of title. We accept this assignment. Irrespective of our authority to collect the claim ourselves, you shall remain authorised to collect the claim after the assignment. In this context, we undertake not to collect the claim ourselves as long as and insofar as you fulfil your payment obligations, no application for the opening of insolvency or similar proceedings against your assets has been filed and there is no suspension of payments.
(5) Insofar as the above-mentioned securities exceed the claims to be secured by more than 10 %, we are obliged to release the securities of our choice at your request.
§ 9 Warranty
(1) If the delivered goods are defective, you are entitled within the framework of the statutory provisions to demand subsequent fulfilment in the form of rectification of the defect or delivery of a defect-free item. We are entitled to choose the type of subsequent fulfilment.
(2) If the subsequent fulfilment fails, you are entitled to reduce the purchase price or to withdraw from the contract if the legal requirements are met.
(3) The prerequisite for any warranty rights is that you properly fulfil all inspection and complaint obligations owed in accordance with § 377 HGB (German Commercial Code).
(4) The limitation period for warranty claims for the purchased goods is - except in the case of claims for damages - twelve months from the transfer of risk.
§ 10 Limitation of liability
(1) We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfilment of which is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and on the observance of which you as the customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. The same applies to breaches of duty by our vicarious agents.
(2) The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
§ 11 Final provisions
(1) Amendments or additions to these GTC must be made in writing.
(2) Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by mutual agreement between the contracting parties by a legally valid provision which comes closest to the economic sense and purpose of the invalid provision. The above provision shall apply accordingly in the event of loopholes.
(3) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(4) The place of fulfilment and exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hamburg, Germany.
