General conditions of sale
Osterberger Reihe 2-8, D-49074 Osnabruck, Germany
(As of: June 2016)
1. General provisions
We sell and deliver the goods offered for sale under www.luehrmann.de exclusively on the basis of the following general conditions of sale outside the customer area. We do not recognize conflicting conditions, unless we have expressly agreed to their validity in writing. Our general terms and conditions also apply if we carry out the ordered delivery without reservation while being aware of terms and conditions of the buyer that conflict with or deviate from our terms and conditions.
2. Conclusion of contract
2.1 Our offers are non-binding.
2.2 The buyer’s order is a binding offer to conclude a purchase contract.
2.3 The order is made online on the pages of the domain www.luehrmann.de. In case of acceptance of the order, we will send an order confirmation to the buyer.
3. Right of revocation
Insofar as the buyer ordering goods on our homepage is a consumer within the meaning of § 13 BGB (German Civil Code) who concludes the contract for a purpose which can not be attributed to his commercial or independent professional activity, we would like to point out the following:
- The languages available for the contract are German and English.
- For the essential features of the goods offered by us as well as the period of validity of limited offers, please refer to the individual product descriptions in the context of our internet offer.
- The presentation of our goods does not constitute a binding offer on our part. Only the order of a product through you is a binding offer according to § 145 BGB. In case of acceptance of the order, we will send an order confirmation to the buyer. This concludes the contract between you and us.
- When placing your order, you can recognize any input errors during the final confirmation and correct these at any time with the help of the deletion and change function before sending the order.
- If the goods ordered by you are not available, we reserve the right not to render the service.
- The prices quoted by us are final prices including taxes and shipping within the Federal Republic of Germany.
- The price is due immediately with order.
You have a right of revocation, unless it concerns contracts for the supply of goods, which are not suitable for a return due to their nature or in contracts for the delivery of audio or video recordings or of software, if the delivered data carriers have been unsealed by you.
Right of revocation
You can cancel your contract within 14 days without giving reasons in writing (for example, letter, fax, e-mail) or - if the case before the deadline - by returning the goods. The period begins upon receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our information requirements pursuant to Article 246 § 2 in conjunction with §1 Paragraph 1 and 2 of the German Civil Code as well as our obligations pursuant to § 312g Paragraph 1 Sentence 1 BGB in conjunction with Article 246 § 3 of the German Civil Code. The timely dispatch of the revocation or of the goods is sufficient to ensure the revocation period. The revocation must be sent to:
LÜHRMANN Deutschland GmbH & Co.KG
Osterberger Reihe 2-8
49074 D-Osnabruck, Germany
Fon +49 (0) 541 29999-500
Fax +49 (0) 541 29999-555
Consequences of revocation
In the event of an effective revocation, the services received at the time shall be returned and any benefits (e.g. interest) handed over. If you are unable to return or hand over the received service to us as a whole or in part or only in a deteriorated condition, you must provide us with value replacement. For the deterioration of the goods and for uses drawn, you must only provide the value of the goods in as far as the use or the deterioration is due to a handling of the item, which goes beyond the examination of the characteristics and the function. "Testing the properties and the mode of operation" means testing and trying out the respective goods, as is possible and customary in stores. Dispatchable goods are returned at our expense and risk. Non-dispatchable goods will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the sending of your declaration of revocation or the item; for us with their receipt.
END OF REVOCATION INSTRUCTION
4. Prices and terms of payment
4.1 Our prices are inclusive of the applicable statutory value-added tax, including shipping costs.
4.2 The purchase price shall be due immediately upon conclusion of the contract and shall be payable within 14 days from the date of dispatch of the invoice (date of invoice), otherwise default of payment occurs.
4.3 In the event of a delay in payment, we shall be entitled to demand interest from the buyer 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 is 8 percentage points above the base interest rate. We reserve the right to assert other rights and claims due to a delay in service.
5. Dispatch and transfer of risk; default of acceptance
5.1 If the purchaser is a consumer, the risk of accidental loss and the accidental deterioration of the goods shall first be transferred to the buyer on transfer of the goods to the buyer.
5.2 The provisions of § 447 BGB (dispatch purchase) shall apply to orders from buyers who are not consumers, even if dispatch is effected with our own means of transport or from a place other than the place of performance or if we bear the freight costs.
5.3 The packaging is retail-standard, unless a special type of packaging has been agreed upon.
6. Delivery times, deliveries, availability
6.1 The time of dispatch from the supplier’s place of business shall be the deciding factor for meeting delivery deadlines.
6.2 Information on delivery deadlines and dates are not binding, unless the delivery period or the delivery date has been bindingly agreed as an exception. The delivery time is usually about 5 working days. Delivery takes place during the day and during normal business hours. If the goods ordered by the buyer are not available, we reserve the right not to render the service.
7. Rights in case of defects
7.1 Insofar as the goods delivered are defective, the buyer is entitled to demand supplementary performance within the scope of the statutory provisions. This does not apply if we are entitled to refuse the supplementary performance on the basis of the statutory regulations. The purchaser must grant us a reasonable period for subsequent performance.
7.2 The supplementary performance shall be made at the buyer's option of removing the defect or delivering new goods. The buyer is not entitled during the supplementary performance to lower the purchase price or to withdraw from the contract. If we have attempted the rectification twice in vain, then this is considered to have failed. If the supplementary performance has failed or if a reasonable deadline to be set by the purchaser for the supplementary performance has expired without success or is dispensed with under the statutory provisions, the buyer can withdraw from the contract or reduce the purchase price. In cases of a minor defect, however, there is no right of withdrawal.
7.3 The Buyer can only assert claims for damages due to a defect and only in accordance with Section 9 if the supplementary performance has failed. This shall not affect the purchaser's right to assert further claims for damages under the conditions set out in section 9.
8. Retention of title
8.1 The delivered goods remain our property until the fulfilment of our demands towards the buyer.
8.2 In case of culpable violation of important contractual obligations by the buyer, in particular in case of default of payment, we are entitled to withdraw from the contract and demand the goods back.
9. General limitation of liability
9.1 We are fully liable for intent and gross negligence (including our legal representatives and vicarious agents). Furthermore, we are liable for the negligent violation of essential contractual obligations, the fulfilment of which is the only way to ensure the correct execution of the contract, the violation of which would jeopardize the achievement of the purpose of the contract and on which the purchaser may regularly rely. In the latter case, however, our liability is limited to the foreseeable damage typical of this type of contract.
9.2 The above limitations on liability do not apply to damages from injury to life, body or health. They shall also not apply if we have maliciously concealed a defect or have assumed a guarantee for the quality of the goods. The liability under the German Product Liability Act remains unaffected.
9.3 The above liability limitations also affect our legal representatives, employees and vicarious agents.
10. Information on data protection and data processing
10.1 We collect data from the buyer within the framework of the processing of the usage contract. We observe the regulations of the German Federal Data Protection Act and the Telemedia Act. Without the consent of the buyer, we will only collect, process or use the buyer’s inventory and usage data as far as this is necessary for the processing of the contractual relationship and for the use and settlement of telephone services.
10.2 Without the buyer's consent, we will not use the buyer's data for purposes of advertising, market or opinion polling.
10.3 In the logged-on state, the buyer has the option at all times to retrieve, modify or delete the data he has stored under the "Research - My Data" path in his profile.
Furthermore, with regard to the buyer's consent and further information on data collection, processing and use, the data protection declaration is referred to, and can be called up in printable form at any time via the “Data protection" button on the website www.luehrmann.de.
11. Final provisions
11.1 The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the provisions of the CISG (UN Convention on Contracts for the International Sale of Goods).
11.2 Unless otherwise stipulated in these General Terms and Conditions or in mandatory legal provisions, the buyer shall not be entitled to transfer their rights and obligations under this agreement to third parties.
11.3 If the buyer is a merchant within the meaning of the German Commercial Code, a legal person governed by public law or a public special fund, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the place of business of LÜHRMANN in Osnabrück. However, we are also entitled to bring legal action at the buyer’s place of jurisdiction.