terms and conditions
General terms and conditions and consumer information
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts between Limox GmbH, Oderweg 6, 34277 Fuldabrück, e-mail address: email@example.com) - hereinafter referred to as the provider - and the customer, which is made via the shop.limox.de or shop.limox.de/en will be closed. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
(3) The contract language is German. The full text of the contract will not be saved by the provider. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by the provider, the order data, the information required by law for distance selling contracts and the general terms and conditions are sent to the customer again by email.
§ 2 subject matter of the contract
Subject of the contract is the sale of goods. The details, in particular the essential features of the goods, can be found in the item description and the additional information on the provider's website.
§ 3 Conclusion of the contract
(1) The provider's product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(2) The customer can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the shopping cart. The customer can use the corresponding button in the navigation bar to access the shopping cart and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again on the order overview page.
Before submitting the order, the customer has the opportunity to check all the information again, to change it or to cancel the purchase.
By submitting the order using the "order now" button, the customer submits a binding offer to the provider.
The customer first receives an automatic e-mail about the receipt of his order, which does not yet lead to the conclusion of a contract.
(3) The offer (and thus the conclusion of the contract) is accepted within 2 days by means of a written confirmation (e.g. e-mail), in which the customer is confirmed that the order has been executed or the goods have been delivered (order confirmation).
If the customer has not received a corresponding message within this period, he is no longer bound to his order. In this case, any services already rendered will be reimbursed immediately.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. The customer must therefore ensure that the email address he has stored with the provider is correct, that the receipt of the emails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 4 prices, shipping costs
(1) The prices listed in the respective offers as well as the shipping costs represent final prices. They include all price components including all taxes.
If the delivery is made to non-EU countries, additional duties, taxes or fees may be payable by the customer, but not to the provider, but to the customs or tax authorities responsible there. The customer is advised to ask the customs or tax authorities for details before ordering.
(2) The shipping costs incurred are not included in the purchase price. They can be called up via the “Payment and Shipping” page, are shown separately in the course of the ordering process and are to be borne by the customer in addition, unless free delivery has been promised.
(3) The customer receives an invoice with the VAT shown.
§ 5 Payment and Shipping Conditions
(1) Various payment options are available to the customer, which are specified in the seller's online shop.
(2) Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
(3) If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate hedging transaction for reasons for which the provider is not responsible, the customer will be informed immediately about the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(4) For consumers, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred when the goods are handed over to the customer, regardless of whether the shipment is insured or uninsured.
§ 6 return costs when exercising the right of withdrawal
In the event that consumers exercise their statutory right of withdrawal for distance contracts, it is agreed that the customer must bear the regular costs of the return.
§ 7 right of retention, retention of title
(1) The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain the property of the provider until the purchase price has been paid in full.
§ 8 Warranty
(1) The statutory provisions apply.
(2) As a consumer, the customer is asked to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify the provider and the freight forwarder of any complaints as soon as possible. If the customer does not comply, this has no effect on the statutory warranty claims.
§ 9 liability
(1) The provider is fully liable for damage to life, limb or health, in all cases of willful misconduct and gross negligence, in the event of fraudulent concealment of a defect, if the guarantee for the quality of the object of purchase is assumed, in the event of damage the Product Liability Act and in all other legally regulated cases.
(2) If essential contractual obligations are affected, the liability of the provider in the case of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on compliance with which the customer can regularly rely.
(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. The provider is not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 10 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of fulfillment for all services from the business relationships with the provider and the place of jurisdiction is the seat of the provider, insofar as the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.