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Conditions of Use
Terms and Conditions (GTC)
LuzLicht (eK)
(Version of March 2010)
The contract is concluded with
LuzLicht (e.K.)
Wolfgangsweg 6
D 20459 Hamburg
Germany
Owner: Rainer Schubert
Phone: +49 40 4329 1794 · Fax: +49 40 4329 1799, e-mail: info@LuzLicht.eu
Commercial Register: Hamburg, HRA 104624
VAT ID: DE814304594
1. Scope
These terms and conditions apply to all mutual claims in connection with a contract between the customer and LuzLicht. Conflicting terms and conditions will only contract if they are acknowledged in writings by us.
In the case of a collision the rules rank as follows:
1. Individual agreement of the parties;
2. These terms and conditions;
3. Statutory regulation.
2. Prices, Terms and retention of title
For orders placed through the homepages of LuzLicht prices always apply to the cash prices at time of order. The LuzLicht online offering is addressed to industrial partners; prices are brutto prices including VAT.
Invoices are payable immediately and without any deductions. Payments are effective from the moment, when LuzLicht disposes over the amount owed. If the buyer gets in default with the payment, LuzLicht is entitled to charge reminder fees of EUR 5, - and interest at the statutory level. To hedge the credit risk LuzLicht reserves the right to exclude certain types of payment and carry out deliveries only against advance payment or cash on delivery. We reserves the ownership of the goods delivered until full payment of the purchase price. The buyer is obliged to notify us of any change of registered office or display immediately, while there are open claims for goods delivered or the goods have not been shipped yet.
In principle, applies to all forms of payment:
The original invoice is supplied with the product, unless the customer specifies a different delivery address. In this case, the invoice is sent separately by mail to the billing address and the goods by delivery to the shipping address.
Invoice:
LuzLicht does not charge extra for payment by invoice. The invoice is payable immediately upon receipt without deduction. An order by invoice is only possible up to an order of 200 € if the billing address and shipping address are the same and if the delivery address is in Germany.
Prepayment:
After the order the customer gets a pro forma invoice by e-mail. Once LuzLicht noted the receipt of payment, the goods will be shipped immediately.
3. Shipping & Returns
3.1 For all orders under € 300, - LuzLicht charges transport depending on the weight of the consignment and the country of the addressee. With an online-order by credit card the transportation fee will increase by € 1.00 and shipping and handling charges of 0.95% per order. When ordering online you will receive the resulting amount, before issuing a binding order in the basket in quantified form. For bulky items, which are shown under each, LuzLicht calculates an extra pay for bulky goods on the product.
3.2 Does the customer order a delivery after the 24-hour service, but the product does not reach within a reasonable grace period, the customer is entitled to rescind the contract and return the goods to LuzLicht. Compensation claims are excluded in this case, unless LuzLicht acts with true intent or gross negligence.
3.3 Subject to the self-delivery LuzLicht will take care of speedy delivery. If only parts of the order are immediately available, the remaining goods are replenished without re-calculation of the transport package.
4. Availability of ordered goods or services
If LuzLicht should state after receipt of order that the goods or services ordered is no longer available at LuzLicht, LuzLicht can send goods or services in same quality and price or supplying or offering it to the customer. In this case, the customer is not obliged to accept the goods and he does not bear the cost of the return.
LuzLicht is entitled to partial deliveries and partial services if there is a valid reason. If partial delivery or partial performance is unreasonable for the customer, the retransport is subject to legal regulations.
Technical changes in terms of technical progress and commercial differences in shape, colour and weight remains reserved to LuzLicht unless it is not waived from the ordered quality and functionality.
5. CONTRACT / Revocation
The presentation of products in our online shop is not a legally binding offer, but is a non-binding online-catalogue. By clicking the button "confirm order" the customer makes a binding order in the shopping cart. The confirmation of receipt of the order made together with the adoption of the order shortly after sending through an automated e-mail.
5.1 The contract is concluded by adopting the customer's order by LuzLicht. The acceptance by LuzLicht is made upon receipt of the goods by the customer after shipment by LuzLicht or execution of the contract with the customer by LuzLicht, by remote or written order confirmation.
If a customer orders via the Internet, LuzLicht will confirm receipt of the order immediately by electronic means. In this acknowledgment, however, a contractual assumption can not yet be seen.
5.2. The customer can revoke the agreement within 14 days without giving reasons in writing (eg letter, fax or e-mail) or by returning the purchased item. The period begins with receipt of the revocation in written form, but not before the receipt of the goods by the customer. To start the revocation it is adequate to send the goods or the revocation timely. The revocation must be sent to:
LuzLicht (e.K.)
Wolfgangsweg 6
D 20459 Hamburg
Germany
Phone: +49 40 4329 1794; · Fax: +49 40 4329 1799, e-mail: info@LuzLicht.de
5.3 Consequences of cancellation
In case of an effective cancellation the mutually benefits have to be granted. If the customer can not refund the received achievement totally or partially, or only in deteriorated condition, the customer must provide compensation for the value. This does not apply if the deterioration of the commodity is due exclusive on their examination - as would the customer in a shop have been possible for. In addition, the customer can avoid the obligation to compensate by taking the goods not as an owner in use and omitting everything, which would impair the value.
Anything that is eligible for shipping are sent back at our risk. Is a return of the product not possible due to the weight or bulkiness of the package, it is sufficient if the customer sends a written call for reshipment of the goods in the 14-day deadline to LuzLicht.
When returning goods from a delivery, whose total order is up to € 40.00, the customer must bear the cost of return of the delivered goods ordered. Otherwise, the return is free of charge for the customer.
The right does not exist:
· for supplies of goods which are manufactured according to customer specifications or clearly tailored to personal needs or which by their nature are not suitable for return,
· for delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer
· to the delivery of newspapers, journals and magazines, except that the consumer has his contract declaration made by telephone.
5.4 Financed transactions
If the customer has the contract financed by a loan and he exercises his right of withdrawal, he is no longer tied to the loan if the two contracts form an economic unit. This is particularly the case if LuzLicht is the lender of the client or if the lenders to the customer with respect to the financing of participation has made use of LuzLicht. If the loan has already been allocated by the time of revocation, the customer can not only contact LuzLicht because of the unwinding, but also the lender.
The right to cancel applies only within the scope of the Distance Selling Act.
6. Warranty, guarantee conditions and compensation claims
The statutory limitation period for defect claims is 2 years and begins with the delivery of the goods. Condition for the warranty is that the defect did not arise due to improper use or overuse. If a defect arises later than 6 months after delivery, then the customer has to prove that the item was defective at the transfer of risk. Moreover, it is free to LuzLicht, to prove that the goods showed no defects at handover. With regard to any claims for damages for defective goods, counts the statutory provisions.
Due to manufacturing tolerances of the LEDs that correspond to the prior art, a slight variation of colour (colour temperature) can arise. It can not be excluded that light emitting diodes of a production (charge) will be perceived differently. In this case this is not a deficiency within the meaning of the rules.
7. Privacy
7.1 The need for the business transaction will be stored for an accurate and fast order processing in the computers of LuzLicht in accordance with the provisions of the Federal Data Protection Act and the Teleservices Data Act.
7.2 In addition LuzLicht uses mathematically for the purpose of credit checking credit information on the basic statistical methods and the respective credit agency Schufa.
7.3 The customer is entitled to object to the use of his data for promotional purposes on our part. Disclosure to third parties for commercial purposes will not occur.
7.4 LuzLicht holds the contract and sends order information and Terms and Conditions to the customer by e-mail. The order is for security no longer accessible over the Internet.
7.5 According to the Federal Data Protection Act you have a right to free information about your stored data, and to the right to rectify, block or delete such data.
7.6 The shop-website uses Google Analytics, a web analytics service provided by Google Inc. ( "Google"). Google Analytics uses "cookies", which are text files placed on your computer and an analysis of the use of the site permit by you. The information generated by the cookie about your use of this website (including your IP address) is transmitted to a Google server in the U.S. and stored there. Google will use this information to evaluate the use of the site by the customer, compiling reports on website activity for website operators and providing other use of this website and internet related services. Even Google is able to transmit this information to third parties unless required by law or if third parties process this data on Google's behalf. Google will not associate the IP address of the customer with other data held by Google. The customer may refuse the use of cookies by selecting the appropriate settings on his browser, but LuzLicht points out that the customer in this case could maybe not use the full functionality of this website. By using this website the customer agrees with the processing of data on his personal data by Google in the manner described and for the aforementioned purpose.
7.7. Confidential Information: Any information, whether data has electronic circuits or other structures that LuzLicht created specifically for commercial customers, may be passed to third parties only after consultation with LuzLicht.
8. Choice of law
8.1 The legal relations between LuzLicht and customers and to the respective terms and conditions is governed by German law. The application of the UN Convention on Contracts for the International Sale of Goods dated 11.04.1988 is excluded.
8.2 The provisions of Section 8.1 to mandatory provisions under the law of the State in which the customer has his habitual residence shall not be affected if and when the customer has signed a contract of sale, that can not be attributed to the trade or profession of the customer (consumer contract) and if the customer has made the necessary legal actions to conclude the purchase contract in the State of habitual residence.
9. Miscellaneous
9.1 Multiple Orders transmitted with the same content must be clearly marked to prevent multiple shipment. If the customer does not indicate this, the additional costs must be borne by the buyer.
9.2 The right of the customer to offset or withhold exists, unless the claim is asserted against, it is undisputed or legally established by a court.
9.3 All offers of LuzLicht are always non-binding. Goods withdrawal due to "not satisfied" is basically - except in the scope of the Distance Selling Act – excluded.
9.4 The technical details of products offered that are not manufactured by LuzLicht are taken from data sheets and information bulletins of the manufacturer and may have tolerances or variations and technically related subject to change. Please also note the information media of the manufacturer's specified instructions.
9.5 If any provision of these terms and conditions in whole or in part are not effective, then thereby the validity of the terms and conditions in the rest remain untouched.
9.6 The exclusive place of jurisdiction is Hamburg, Germany, in the case the customer is a merchant according to the Commercial Code or a public corporation.
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