General Terms and Conditions

Valid from: 11.2011

You can also read the terms and conditions as a PDF download for your records.

§ 1 Miscellaneous – Validity

1. These terms and conditions apply to any and all present and future business relationships.

2. Consumers within the meaning of these terms and conditions are natural persons who are not self-employed or involved in commercial activities with whom we enter into a business relationship.

Entrepreneurs within the meaning of these terms and conditions are natural persons or legal persons or entities who are self-employed or who are involved in commercial activities with whom we enter into business relationships.

Customers within the scope of these terms and conditions are consumers and entrepreneurs alike.

3. Deviating, contradictory or additional general terms and conditions, even when known, do not become part of any contract unless we agree to their validity expressly in writing.

§ 2 Sales Contract

1. Placement of a purchase order is the binding intent of a customer to purchase the merchandise ordered. The placement of a purchase order constitutes a sales contract unless we refuse the order within 24 hours of placement.

If the buyer is an entrepreneur subsequent cancellations and changes of items and quantities contained in the order require our express agreement in writing (letter, fax or E-Mail).

2. Should the consumer order merchandise by electronic means we shall acknowledge receipt of the order immediately. The acknowledgement of receipt of order does not constitute a binding acceptance of the order. The sales contract is concluded once we confirm the order or upon our shipping of the ordered goods at the latest. This confirmation can be combined with the acknowledgement of receipt of order.

The purchase order is saved by us and will be mailed to the customer together with these general terms and conditions upon request.

§ 3 Instruction on the Right to Revoke for Consumers

Right to Revoke

The consumer has the right to revoke the order within 2 weeks in writing (letter, fax or E-Mail), or - if the item(s) in question has/have already been delivered - by returning subject item(s). The deadline begins at the time of receipt of this instruction in writing but not prior to receipt of goods by recipient (in case of repeat shipments of similar goods not prior to receipt of first partial shipment) and not prior to our fulfilment of our information obligation pursuant to article 246 § 2 in conjunction with § 1 section 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as our obligations pursuant to § 312e section 1 clause 1 BGB [German Civil Code] in conjunction with article 246 § 3 EGBGB. Timely revocation in writing or return shipment of goods shall suffice to maintain the revocation deadline.
Revocation or return shipment is to be addressed to: L+L Lieferservice und Logistik GmbH, Rheinstrasse 10, D-53560 Vettelschoss, Tel. +492645-942700, Fax +492645-942701, E-Mail sales@Lservice.com.

Consequences of Revocation

In case of an effective exercise of the right to revoke the mutually received benefits and potentially taken advantages (e.g. advantage of use, accrued interest) shall be returned. If you cannot return the goods/service in full or only partially or in a deteriorated state, you are obliged to compensate us for the loss of value. You only have to compensate us for loss of value or use of the goods as long as such use or the deterioration of the goods exceeds inspection of the characteristics and functions of the goods. Inspection of the characteristics and functions of the goods means testing and trying out the goods as is commonly done in a retail store. Shipments which can be sent by parcel post are to be returned at our risk. You have to bear the cost of the return shipping charges if the goods delivered match your order and if the value of the goods does not exceed 40 Euro or if - in case of a higher amount of the goods at the time of revocation - you still have not provided the equivalent or a contractually agreed partial payment. Otherwise the return shipment is free of charge. Shipments which cannot be sent by parcel post will be picked up at your door. Obligations to reimburse previously paid amounts must be fulfilled within 30 days. For you, the deadline begins at the time you send your revocation or the goods themselves, for us it commences at the time of receipt of same.

End of instruction on the right to revoke.

§ 4 Terms of Payment

1. The prices offered are binding.

Applicable V.A.T. is included in selling price. Offers to entrepreneurs are excluding V.A.T.

Retail consumers are charged a flat shipping rate of Euro 3.95 per small packet and Euro 4.95 per parcel.

In case of shipment to a registered entrepreneur in Germany and a shipment value of less than Euro 250.00 we charge current postage fees published on our homepage at www.Lservice.com.

The consumer can pay the purchase price by COD or upon receipt of invoice. In case of initial orders and orders exceeding 150 EUR we always ship COD. Registered entrepreneurs pay against invoice. Order placement by means of telecommunication facilities incurs no further cost.

2. The consumer must pay upon receipt of invoice.

Registered entrepreneurs who are accepted as resellers are obliged to pay within 60 days of receipt of merchandise or pursuant to § 5 figure 5 when default of acceptance starts. After expiry of this deadline accounts become overdue.

We reserve the right to charge interest on all overdue consumer accounts at 5 percentage points above the current base rate.

Registered entrepreneurs are charged interest on all overdue accounts at 8 percentage points above the current base rate. We reserve the right to impose higher overdue charges towards entrepreneurs.

3. The customer has a right to compensation only if their demands have been acknowledged by arbitration or if we have accepted them. The customer can execute his right to retain only if his demand is based on the same contract.

4. Entrepreneurs that are registered wholesalers are granted the following cash discounts:

Registered direct debit customers: 4 %
Payment within 10 days 3 %
Payment within 20 days 2 %
Payment within 60 days without discount.

In case of partial shipments this scheme is applicable to respective partial invoice amounts.

5. In case of shipments to entrepreneurs abroad our prices are free German border or free German port including packaging as long as the amount of shipment exceeds Euro 250,00. Payment to be made in advance or by L/C. Cash discounts or other financial advantages are not applicable unless explicitly agreed upon in writing.

6. In case of payment by bank transfer the following banks can be used for remittances:

Name of Bank	Account Number	Bank Branch Number
Sparkasse Neuwied	Acc.# 27 000 702	BLZ 574 501 20
Volksbank Bonn Rhein-Sieg eG	Acc.# 560 956 00 12	BLZ 380 601 86
Commerzbank Bad Honnef	Acc.# 2 700 698	BLZ 380 400 07
Deutsche Bank Bad Honnef	Acc.# 2 270 122	BLZ 380 700 59
Postbank Köln	Acc.# 525 946-507	BLZ 370 100 50

7. Drafts and checks can only be accepted subject applicable interest charges and banking fees. Drafts and checks do not qualify as cash payments and are accepted in lieu of cash payment only.

§ 5 Terms of Delivery / Passing of Risk / Default of Acceptance

1. If the purchaser is an entrepreneur, the risk of loss or damage passes to the purchaser at the time of transfer of merchandise from us to the entrepreneur or in case of shipment to the freight forwarder or forwarding agent previously agreed upon.

2. If the purchaser is a consumer the risk of loss or damage passes to the purchaser at the time of receipt of goods.

3. Passing of risk is not subject to undue acceptance of merchandise by customer.

4. In case of a contract with an entrepreneur the delivery time is extended if unforeseen disruptions beyond our control should arise, e.g. acts of god, force majeure, disruptions within our business operations, strike, delay in the delivery of raw materials by our suppliers as long as these raw materials represent an essential part of the merchandise to be delivered. This is also true in case of disruptions within the operations of our suppliers. The delivery time is extended in accordance with the period of the disruptions.

5. The entrepreneur defaults on acceptance of contractually ordered goods if a fixed delivery or pick-up date is not kept. An additional delivery or pick-up offer is not necessary. This also applies if the entrepreneur advised non-acceptance prior to delivery and did not receive written agreement pursuant to § 2 figure 1 clause 3. From day 8 of default of acceptance we charge a compensation fee for storage of goods in the amount of 0.02 Euro per ordered pair and day.

§ 6 Retention of Title

1. In case of contracts with consumers we retain title of the merchandise until payment in full has been received.

In case of contracts with entrepreneurs we retain title of the merchandise until any and all demands within a current business relationship have been satisfied.

2. The customer is obliged to handle the merchandise with care. Should maintenance or service work be required, the customer has to carry this out regularly and at his own expense.

3. The customer is obliged to notify us immediately of third party access to the merchandise e.g. in case of pawning or in case of damages to or destruction of the merchandise. The customer must notify us immediately of a move or change of address or when possession of merchandise has passed to a third party.

4. We are entitled, in case of breach of contract by the customer, especially in case of overdue payment or breach of number 2 and 3 of this paragraph, to withdraw from the contract and demand return of merchandise.

5. The entrepreneur is entitled to sell the merchandise within his regular scope of business operations and intentions. Title to his accounts receivable arising from such sale to a third party is transferred to us until final payment has been received. We accept such transfer of title. After transfer of title the entrepreneur is entitled to collect accounts receivable. We reserve the right to collect the accounts receivable ourselves should the entrepreneur default on his payments or payments become overdue.

6. Handling and processing of our merchandise by the entrepreneur is always executed in our name and as per our order. In case of processing with objects that do not belong to us, we acquire partial possession of the new object whereas the value of the merchandise delivered by us is allocated relative to the value of the other objects processed. The same principle applies when the merchandise is mixed with other objects that do not belong to us.

§ 7 Warranty

1. When dealing with entrepreneurs we reserve the right to repair defective merchandise or supply replacement.

2. If the customer is a consumer he is entitled to choose whether he wants fulfilment of the order by having the defective merchandise repaired or replaced. If replacement shipment is chosen by the customer he is required to return the initially sent goods to us within 20 days.

However, we reserve the right to refuse the kind of fulfilment chosen in case it is possible only at extraordinary expense and the alternative kind of fulfilment bears no disadvantage for the consumer./p>

3. If fulfilment of the order fails the customer can always choose to claim a discount on the purchase price or cancellation of contract. In case of minimal breach of contract, especially in case of minimal defects the customer does not have the right to cancel.

4. Entrepreneurs must notify us in writing of obvious defects within a period of 2 weeks upon receipt of shipment; otherwise warranty demands no longer apply. Postage stamp of written notification within the two-week period stated above serves to prove due course. The entrepreneur carries the burden of evidence for any and all warranty claims especially for the defect itself, the time of detection of the defect and for due application for warranty claim within the warranty period.

5. A customer may choose to withdraw from the contract after fulfilment of contract has failed. He is not entitled to further compensation.

A customer may choose compensation after fulfilment of contract failed he will retain merchandise, if this can reasonably be expected. Compensation is restricted to the discrepancy between purchase price and value of the defective merchandise. This does not apply in case we cause this breach of contract maliciously.

6. The warranty for entrepreneurs is one year from the date of delivery of the merchandise. For consumers the warranty is two years from delivery of goods. In case of used objects the statute of limitations expires after one year from the date of delivery of merchandise. This does not apply if the customer did not notify us of the defect in time (see number 4 of this paragraph).

7. It is agreed that in case the purchaser is an entrepreneur the properties of the product are as specified by the manufacturer. Additional public statements, marketing or advertising statements by the manufacturer do not qualify as contractual description of properties of the merchandise.

§ 8 Limited Liability

1. In case of slight negligence within the execution of our obligations our liability is limited to foreseeable, typical and direct average damages in relation to the intended use of our merchandise. This also applies to slight negligence on the part of our legal representatives, staff or contractors.

When dealing with entrepreneurs we do not accept liability for slight negligence in case on non-essential contractual obligations.

2. The aforementioned limited liabilities do not apply towards claims of our customers with respect to product liability. They also do not apply in case of bodily harm or loss of life of a customer.

3. The statute of limitations for claims for compensation on the part of our customer due to defects expires after one year after delivery of merchandise. This does not apply in case we can be accused of malice.

§ 9 Final Regulations

1. German law is applicable. The regulations of UN purchase and sale law do not apply.

2. Our head office is exclusive venue for all legal proceedings within this contract in case the customer is a qualified merchant, legal person or legal entity within the stipulations of German law. The same applies in case the customer has no legal venue in Germany is domiciled abroad or his regular place of residence at the time of legal proceedings is not known.

3. If one of the terms of contract should be invalid or become invalid, the validity of the remaining regulations of the contract is not concerned.

4. The general terms and conditions and any other texts and offers published by L + L Lieferservice und Logistik GmbH need to be available in German only. If there are translations, the German text is always valid in case of doubt.

 

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