Terms and Conditions

 
 

1. Scope

The following Terms and Conditions (Terms) apply to all orders placed via our online shop.
These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
 
 

2. Registration as user

Your registration to our trading system is free of charge. There is no claim to admission to our trading system. Only persons with unlimited legal capacity are entitled to participate. For admission, please fill out the registration form available on our website electronically and send it to us. The data required for registration must be provided by you completely and truthfully. When you register, you choose a personal user name (e-mail address) and a password. The user name must not violate the rights of third parties or other name and trademark rights or morality. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances.
 
Apart from the declaration of your agreement to the validity of these General Terms and Conditions, your registration does not entail any obligations. Your customer account can be deleted at any time. For this purpose please send a message to info@lichtwesen.com. Only by registering with us, there is no obligation to purchase the goods we offer.
 
As far as your personal information changes, you are responsible for updating it yourself. All changes can be made online after registration under "My Account".
For consumers: You do not have to register to order through our store. An order as a guest is also possible.
 
 

3. Contractual partner, formation of contract, options for corrections

The contract is concluded with LichtWesen AG, represented by the Chairwoman Dr. Petra Schneider, Pestalozzistr.1, 64319 Pfungstadt.
 
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button “Place Order” which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
 
 

4. Contract language, saving of the contract text

The language available for contract formation is German.
The language available for concluding the contract is German.
 
We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.
 
 

5. Delivery conditions

Delivery costs may apply to the product prices displayed. Further information on delivery costs are explained here.
 
We only dispatch goods en route; pick up by the customer is not possible.
 
For consumers, the following applies additionally: If we are not able to deliver the ordered goods through no fault of our own because the pre-supplier has not fulfilled his contractual obligations, or if the goods you ordered are not available for a period of at least one month due to force majeure, we can withdraw from the purchase contract. In the aforementioned cases, we will inform you immediately about the delivery difficulties and refund the payment already made in case of withdrawal from the contract without delay.
 
For resellers, the following applies additionally: If we do not deliver the goods or do not deliver them in accordance with the contract, you must set us a grace period to effect the performance. Otherwise you are not entitled to withdraw from the contract.
 
 

6. Prices and Payment

The following applies to consumers: The prices stated on our website are final prices and include the statutory value added tax and all other price components. In addition, we charge shipping costs, which are displayed on the product pages, in the shopping cart and in the summary.
For goods offered in our online shop www.lichtwesen.com and shipped to destinations within the European Union (EU), VAT must be charged according to the laws applicable within the EU and tax rates varying within the member states.
 
For resellers: The prices displayed to dealers after registration and approval are shown as net prices. In addition, we charge shipping costs, which are displayed on the product pages, in the shopping cart and in the summary.
 
The following payment methods are basically available in our online shop.
 
Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.
 
Credit Card
With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, the payment transaction is automatically carried out and charged to your card as soon as the good has been received.
 
SEPA direct debit
With the placement of the order, you are granting us a direct debit mandate. We will inform you separately about the date of debiting the account in an advance notification (pre-notification). With the submission of the direct debit, we request our bank to initiate the payment transaction. The payment transaction is automatically carried out and your account is debited. Debiting the account takes place after you have received the goods. The time limit for pre-notification regarding the date for debiting the account (pre-notification period), is 8 days.
 
PayPal, PayPal Express
During the ordering process you will be forwarded to PayPal's website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
 
Google Pay
In order to pay the invoice amount via Google Pay, you have to be registered with the service provider Google, must have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out directly after submission of your order. Further information can be found during the ordering process.
 
Apple Pay
In order to pay the invoice amount via Apple Pay, you have to use the „Safari“ browser, be registered with the service provider Apple, must have activated the Apple Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out directly after submitting your order. Further information can be found during the ordering process.
 
Giropay
After submitting the order, you will be forwarded to the website of your bank. In order to pay the invoice amount via Giropay, you must be in possession of a bank account that is activated for participation in online banking, must identify yourself accordingly and confirm the payment instructions to us. You will receive additional information during the order process. The payment transaction is automatically carried out and your account is debited.
 
Invoice
This payment method is possible for resellers who are registered with us and approved for the reseller conditions, as well as therapists who are registered with us and approved for the therapist conditions. Both groups must log in before the ordering process.
You may pay for your purchase by means of bank transfer after you have received the goods together with the invoice. We reserve the right to allow payment by invoice only after we verify your credit rating.
For resellers the following applies additionally: The customer is only entitled to offsetting rights if his counterclaims are legally binding, undisputed or recognized by us.
 
 

7. Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel.
 

8. Retention of title

The goods shall remain our property until full payment is made.
 
For resellers, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
 
For consumers, the following applies additionally: You are only entitled to offset claims, even in the event that notices of defects or counterclaims are to be asserted, if the counterclaims with which you wish to offset are legally established, recognized by us or undisputed. You can only assert rights of retention if the counterclaim is based on the same purchase contract.
 
 

9. Damage during delivery

For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
 
Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
 
 

10. Warranty and guarantees

We are under a legal duty to supply products that are in conformity with this contract.
 
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.
 
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
 
 

11. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
  • for injury to life, limb or health
  • for deliberate or grossly negligent breach of duty
  • for guarantee commitments, where agreed towards consumer.
 
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
 
 

12. Code of conduct

We have submitted to the following codes of conduct:
Trusted Shops Qualitätskriterien
 
 

13. Online dispute resolution

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de.
 
 

14. Final provisions

If you are a business, German law applies, to the exclusion of the UN Sales Convention.
 
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office (Darmstadt).
 
 

AGB erstellt auf Basis des Trusted Shops-Rechtstexters in Kooperation mit FÖHLISCH Rechtsanwälte.