Our Terms of Delivery and Payment and General Business Conditions

Our Delivery and Payment Conditions / GTCS
General Terms and Conditions of Business
with Customer Information

Contents
1. Scope
2. Contract Conclusion
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipment Terms
6. Right of Retention
7. Liability for Defects
8. Liability
9. Final Provisions

1) Scope

1.1 These General Terms of Business (hereinafter „GTB") of Lutz-Henning Robitzsch (hereinafter as the „seller"), are valid for all contracts entered into by the user or entrepreneur (hereinafter as the "customer") in respect of the goods or services displayed in his Online-Shop. Herewith the inclusions of the terms of the customer are revoked insofar as not agreed otherwise.

1.2 User in the sense of the following regulation is any natural person, who closes a legal transaction for neither the purpose which can generally be allocated to their commercial nor to their independent professional activities.
Entrepreneur is any natural person or a judicial partnership, who handles on the closure of legal transactions within the frame of exercising his/her/their independent professional activity.

1.3 Deviating customer conditions are hereby explicitly revoked by the seller.
The customer declares with the submission of his order that he is in agreement with the validity of the General Terms of Business.

2) Contract Conclusion

2.1 The object of the contract is the sale of goods. The product descriptions contained in the sellers Online-Shop do not represent a binding offer from the seller, but serve to provide the base of a binding order from the customer.
2.2 The customer can place the order on the integrated Online Order Form shown
in the sellers Online-Shop. The customer selects the goods or services and places them in the virtual shopping basket and then follows the electronic order process, which after clicking the appropriate buttons, results in a legally binding contract order in respect of the goods or services contained in the virtual shopping basket.

2.3 The seller can accept the customer's order within five days in that he sends the customer a written contract confirmation or a contract confirmation in text form (FAX or email). Decisive is the receipt of the order confirmation at the customer's or the delivery of the ordered goods, in which case the receipt and access to the goods at the customer's premises is decisive; or in that the seller requests the customer to pay for his order after submitting it to the seller.
If several of the aforementioned alternatives apply, the contract becomes valid at the time the first of one the alternatives applies. If the seller does not accept the customer's order within the said period, then this is to be considered as a rejection of the order with the result that the customer is no longer bound to his declaration of intent.

2.4 The period of time for the acceptance of the order begins on the day after the order has been despatched by the customer and ends with the expiry of the fifth
working day following the despatch of the order.

2.5 On submitting an order via the seller's Online Order Form the contract text is stored by the seller and after sending his order the customer is sent in return a text form of the general terms of sale and a text form of his order (e.g. email, FAX or letter). In addition the contract text is stored on the seller's internet page and can be called upon by the customer after he has entered his password-protected log in data if he has opened a customer account in the seller's Online Shop before placing his order.

2.6 Before finally placing his binding order with the seller's Online Order Form, the customer can continually adjust or change his entries using the usual keyboard and mouse functions. Furthermore all entries are shown again before submission in a confirmation window and can be changed accordingly by the usual keyboard and mouse functions.

2.7 The German language applies exclusively for the conclusion of the contract.

2.8 Order processing and contact usually takes place by email and automatic order processing. The customer is to ensure that the email address noted by him during order processing is correct so that he can receive emails sent by the seller. In particular the customer has to ensure that the use of any SPAM-filters does not restrict the receipt of any emails from the seller or any of his designated third parties and that they can be delivered.

2.9 Ancillary agreements and amendments to the contract have to be agreed upon and confirmed in writing when trading with corporate customers.

2.10 The specified descriptions and specifications stated at the time of contract conclusion reflect the current technical standard at this time. The seller reserves the explicit right to changes in the delivery within the frame of this contract insofar as these changes are not of a fundamental nature and do not significantly restrict the contractual purpose.

3) Right of Withdrawal

Consumers are fundamentally entitled to the right of withdrawal. Further information
is contained in the seller's instructions for the right of withdrawal.

4) Prices and Payment Conditions

4.1 The prices mentioned are final prices which include the legal value added tax in so far as that nothing contrary is noted in the seller's offer.
Appropriate additional delivery and shipping costs are included separately in the product description.

4.2 The customer has the choice of various payment methods which are noted in the seller's Online Shop. Only the forms of payment shown in the order process are accepted.

4.3 If pre-payment has been agreed upon then payment is due immediately after contract conclusion.

4.4 If the payment form: delivery against invoice has been agreed upon then the purchase price is to be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. On selection of the payment form: delivery against invoice, the seller reserves the right to have a creditworthiness assessment carried out and in the case of a negative result, to reject this type of payment.

5) Delivery and Shipping Conditions

5.1 In so far that nothing contrary has been agreed, the delivery of goods is carried out by despatch to the delivery address stated by the customer. In processing the transaction the address given to the seller during the order transaction is relevant.
With the exception of the casewhen the PayPal payment method has been selected - then the delivery address provided by the Customer to PayPal is applicable.

5.2 Should the carrier send the shipped goods back to the seller because delivery to the customer was not possible, then the customer carries the cost for the unsuccessful shipment of the goods. This does not apply if the customer had no influence over the circumstances leading to the unsuccessfulness of the delivery or he was temporarily prevented from accepting the offered goods, unless the seller had given the customer adequate time of notification.

5.3 Fundamentally the risk of accidental loss and/or deterioration of the delivery item passes to the customer on delivery to the customer or to an authorised person. If the customer acts as an entrepreneur then the risk of accidental loss and/or deterioration of the consignment purchase passes to him on delivery of the goods to a suitable carrier at the seller's place of business.

5.4 The seller reserves the right to withdraw from the contract in the case of incorrect or improper self-delivery. This applies only in the case that the reason for non-delivery is not the responsibility of the seller and that he had closed with care a specific covering transaction with the supplier. The seller will undertake all reasonable efforts to procure the goods. The customer will be informed immediately in the case of non-availability or only partial availability of the goods and the payments already made will be returned without undue delay.

5.5 In the case of self-collection by the customer, the seller informs him in the first instance by email that the goods ordered by him are ready for collection. After receiving the email the customer can collect the goods from the seller's place of business after arranging a pick-up time. In this case no shipping cost will be charged.

5.6 Should an article be not deliverable despite careful planning and through no fault of the seller, then the customer is informed of this by email and eventually already made payments refunded.

6) Right of Retention

6.1 The seller reserves the right of retention of the delivered goods against the customer until the complete payment of the owed purchase price has been received.

6.2 The seller reserves the right of retention of the delivered goods against the entrepreneur until all demands from the current business relationship are settled.

6.3 Should the customer act as an entrepreneur, then in the case of ordinary business operations he is entitled to re-sell the goods which are subject to the right of retention. All claims arising against third parties to the amount of the individual invoice amount (including Value-Added Tax) is assigned in advance to the seller.
This assignment is independent of the fact that the goods with right of retention have been further processed or not before further sale. The customer remains authorised to collect receivables after assignment. The seller's right to collect the claims himself shall remain unaffected The seller will however not collect these receivables as long as the customer meets his payment obligations to the seller, is not in default of payment and has not submitted an application for the opening of insolvency proceedings.

7) Liability for Defects

7.1 The legal regulations apply if there is a defect in the purchased goods.
Deviating from this are items that have been used contrary to their usual purpose which has caused their defectiveness.

7.2 For entrepreneurs a minor defect does not construe a claim for defects, the seller has the right of the type of rectification, the period of limitation for defective new goods is one year from the transfer of risk for goods. For used goods the rights and claims for defective items are principally excluded. The limitation period does not begin again if a replacement delivery has been carried out within the frame of liability for defects.

7.3 For consumers the limitation period for defect claims liability is two years from delivery of the goods to the customer.

7.4 For entrepreneurs and customers the preceding liability and statute of limitation restrictions in 7.1 and 7.2 do not refer to claims and damages which the customer can claim under the legal provisions according to Paragraph 8.

7.5 Furthermore it is valid for entrepreneurs that the legal period of limitation for the right of recourse pursuant to Section 478 of the German Civil Code remains unaffected. The same applies to entrepreneurs and customers in the case of a violation of duties and fraudulent concealment of a defect.

7.6 Should the customer act as a businessman in the sense of Paragraph 1 of the HGB (German Commercial Code), then the commercial duty to examine and the requirement to give notice of defects applies according to Paragraph 377 of the HGB.
If the customer neglects the obligations to give notice as specified there, then the goods are considered approved.

7.7 Should the customer act as an end user then he is requested to complain to the carrier if the goods have apparent transport damages on delivery and to notify the seller of this. If the customer does not do so then this has no effect on his legal or contractual rights for defect claims.

7.8 Should rectification have been carried out within the frame of a replacement delivery, then the customer is obligated to return the first delivered goods within 30 days to the seller at his cost. The return of defective goods is to be carried out according to the legal requirements.

8) Liability

The seller is liable to the buyer for all contractual claims, contractually-similar claims and legal claims, - including in tort claims, for damages and reimbursement as follows:

8.1 The seller is liable without restriction for every legal reason:

• In case of intent or gross negligence,
• in the case of negligent or deliberate fatal injury, bodily harm or damage to health,
• when based on a given guarantee insofar as this has not been regulated elsewhere,
• in the case of a fraudulently concealed defect,
• when based on compulsory statutory liability such as the German Product Liability Act.

8.2 Should the seller negligently violate an essential contractual obligation then the liability is limited to the typical and predicable contractual damages insofar as these are not covered as being an unlimited liability according to Paragraph 8.1.
Essential contractual obligations are obligations which the seller has included in the contract to achieve the contractual purpose and which ensure the fulfilment and correct implementation of the contract on which the customer may ordinarily rely.

8.3 The seller is not liable for the breach of minor contractual obligations.

8.4 The above mentioned liability regulations also apply to the liability of the seller for his staff and legal representatives.

9) Final Provisions

9.1 Valid for all legal relationships of the parties is the law of the Federal Republic of Germany, excluding the law on the international purchase of moveable property.
This form of governing law only applies to consumers insofar as the protective cover
is withdrawn by compulsory regulations under the law of the country where the customer has his habitual place of residence (Favourability principle).

9.2 The place of fulfilment for all existing business relationships with us and the place of jurisdiction shall be our registered address, insofar as that you are not consumer, but a businessperson, a legal person governed by public law or special fund under public law. The same applies when you have no general registered office in Germany or in the EU, or your place of residence or normal place of habitat is not known at the time legal action is filed. The empowerment to call the court at another place of jurisdiction remains hereby unaffected.

9.3 The provisions of the UN Sales Conventions are expressly excluded.