Consumer Terms and Conditions
Standard Terms and Conditions of LichtWesen AG in respect of consumers (B2C) – Sales Contract
§1 Scope of Application
(1) These General Terms and Conditions (hereafter: “terms and conditions”) of LichtWesen AG, represented by the Chairwoman Dr. Petra Schneider, Pestalozzistr.1, 64319 Pfungstadt, apply to all orders from consumers (“Verbraucher” as defined in § 13 German Civil Code) in the online shop at www.lichtwesen.com (hereafter: “Online Shop”). You have the opportunity to read, print and save the Terms and Conditions in reproducible form within the framework of the order process. The current version of our standard terms and conditions can also be accessed via the link “Terms and Conditions” in the online shop.
(2) By placing your order, you declare your agreement with the Terms and Conditions valid at the time of placing your order. Any conditions you may dictate which contradict these Terms and Conditions shall not become component parts of this contract. Contract language is German.
§2 Registration as a User
(1) Your registration with our trading system is free of charge. An application for authorisation to access our trading system is not required. Entitlement to participation is reserved exclusively for persons of full legal capacity. If requested, you are required to send us a copy of your personal identification. For access, please complete electronically the registration form available on our website and send it to us. The data required for registration must be given truthfully and in full. When registering, please select an individual username (e-mail address) and a password. Your username may not impinge on the rights of third parties or any other trade names or copyrights or offend common decency. You are obliged to keep your password secret and never to reveal it to third parties.
(2) By registering, you declare your agreement with the validity of these Terms and Conditions. However, your registration is not connected with any other obligations. You can delete your entry at any time under “My User Account”. Registration with us does not constitute any obligation to buy any of the products that we offer.
(3) You are responsible for updating us with any changes to your personal details. All alterations can be made online following registration under “My User Account”.
§3 Data Protection
(1) All personal data given by you (e. g. title, name, address, date of birth, e-mail address, telephone number, fax number, bank details, credit card number) are compiled, processed and saved by us in accordance with the conditions of German data protection law.
(2) The compilation, processing or saving of any personal data beyond that provided for by statutory provisions shall only be effected on receipt of your specific consent.
§4 Conclusion of a Contract
(1) Images in the online shop serve only to present products and do not constitute any legally binding offer. Prices, product information and other data may be subject to errors and alterations.
(2) A contract concluded between you and us regarding goods offered in the online shop presumes that you have first placed the desired product in the virtual shopping basket, clicked on the virtual shopping basket and thus instigated the order process by clicking on the “Go To Checkout” button. Clicking the “Buy Now” order button appearing further through the process constitutes a conclusion of the order and submits a legally binding offer for the conclusion of a sales contract. Entered data can be changed at any time using the “Change” button up until the conclusion of the order process.
(3) Receipt of your order will be confirmed to you promptly by e-mail (hereafter: “receipt confirmation”). Receipt confirmation does not constitute a legal declaration of acceptance by us but simply informs you that the order has been properly forwarded to us. We can accept the order by a specific declaration of acceptance by e-mail (hereafter: “order confirmation”) or by delivering the goods within three working days of receipt of the order.
§5 Payment Terms
Customers can choose to pay for goods by credit/debit card, PayPal, payment in advance (Vorkasse) or GiroPay. When paying by cash on delivery, an additional fee becomes payable to the amount of €9,52 (within Germany), which is charged by the delivery agent locally (further taxes and costs do not arise).
§6 Prices and Shipping Costs
The prices listed on our website are to be regarded as final prices and include statutory VAT and all other price components. In addition we calculate shipping costs, which are given on the product pages, in the shopping basket and in the summary of the order data.
§7 Retention of Title, Offsetting and Right of Retention
(1) Goods remain our property until full payment has been received.
(2) You are only entitled to offset any counterclaims against payment for the order, even in cases where defects or counterclaims are proven to be valid, if the counterclaims which you would like to offset are ascertained by law, recognised by us or indisputable.
(3) Rights of retention are only valid if the counterclaim relates to the same sales contract.
§8 Delivery Terms
(1) Delivery can be arranged worldwide, except to the countries Switzerland, Austria, Netherlands, Belgium, Turkey, Japan, and Czech Republic. Shipping is carried out by a shipping company designated by the supplier.
(2) If for reasons for which we are not at fault we are not in a position to deliver the goods ordered, because the pre-supplier has not fulfilled his contractual obligations or because the goods ordered by you are not available for a period of at least one month for reasons beyond our control, we can retire from the sales contract. In these cases we will inform you promptly about the delivery difficulties and in the case of retiring from the contract we will reimburse any payment already made.
§9 Cancellation Rights
(1) You have a right to cancellation. Reference should be made to the Cancellation Policy in the Appendix as regards the prerequisites and legal consequences of cancellation rights.
(2) You bear the direct costs of returning the goods.
(3) We request that you avoid damaging or dirtying the goods. Please return the goods to us, including all accessories, in their original packaging with all other packaging contents. If you no longer have the original packaging, please ensure use of suitable packaging to avoid transportation damage and compensation claims relating to defective packaging.
Please return the goods to us by postage-paid parcel and retain proof of posting. We are happy to pay postage costs in advance if these are not to be borne by you.
The aforementioned tips on packaging and delivery are not a prerequisite for the exercising of your cancellation rights, but rather advice on an orderly way to send back the goods.
Warranty is pursuant to the statutory conditions.
§11 Limitation of Liability
We exclude liability for slightly negligent breaches of duty, unless damages from injury to life, limb or health are involved or claims against product liability laws. Also unaffected is liability for breaches of obligations, the fulfilment of which in the first place enables the proper implementation of the contract and the compliance in which you place your trust as a customer. This is also the case for breaches of duty by our agents.
§ 12 Dispute Resolution
The European Commission has set up an online platform for out-of-court resolution of disputes. This gives consumers the opportunity to resolve any disputes in connection with online orders without initially involving the courts. The online dispute resolution platform (ODR website) can be found via the following external link:http://ec.europa.eu/consumers/odr/. We are not prepared to take part in a dispute resolution procedure at a consumer arbitration service since we are not obliged to do this.
§13 Final Provisions
(1) The law of the Federal Republic of Germany applies under the exclusion of the UN Sale of Goods law. Compulsory conditions of the state in which you usually reside remain unaffected.
(2) Unless you have no general court of jurisdiction domestically, or on conclusion of a contract your residence is abroad, or your residence at the point of institution of legal proceedings is unknown, the court of jurisdiction for all disputes is the headquarters of our company in Darmstadt.
Consumer Information and Cancellation Policy
If you order goods when visiting our website, we would like to make you aware of the following:
(1) The language available for contract conclusion is German.
(2) The main features of the goods offered by us and the validity period of fixed-term offers can be found in the individual product descriptions within our website.
(3) Images in the online shop serve only to present products and do not constitute any legally binding offer. Prices, product information and other data may be subject to errors and alterations.
A contract concluded between you and us regarding goods offered in the online shop presumes that you have first placed the desired product in the virtual shopping basket, clicked on the virtual shopping basket and thus instigated the order process by clicking on the “Go To Checkout” button. Clicking the “Buy Now” order button appearing further through the process constitutes a conclusion of the order and submits a legally binding offer for the conclusion of a sales contract.
(4) We save the contract text and send you the order data and our Terms and Conditions by e-mail. You can view the Terms and Conditions valid at the time of your order at any time by clicking here. For security reasons, your order data are no longer accessible via the internet.
(5) Any errors when placing your order can be noted on the subsequent confirmation before checkout and can be corrected at any time using the deletion and alteration functions before sending your order.
(6) The prices given by us are to be considered - unless indicated otherwise - to be final prices including taxes and delivery charges within the Federal Republic of Germany.
(7) Customers can choose to pay for goods by credit card, PayPal, payment in advance (Vorkasse) or GiroPay. When paying by cash on delivery, an additional fee becomes payable to the amount of €9,52 (within Germany), which is charged by the delivery agent locally (further taxes and costs do not arise).
(8) You have a right to cancellation: Here you can read the Cancellation Rights
You have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods .
In order to exercise your cancellation right, you must inform us (LichtWesen AG, Pestalozzistr. 1, 64319 Pfungstadt, Germany. Telephone: +49 6157-15020, Fax: +49 (0) 6157-150222, E-mail: firstname.lastname@example.org) by means of a clear explanation (e.g. a letter sent by post, fax or e-mail) about your decision to cancel this contract. You can do this using the sample cancellation form (see below) but this is not compulsory. To keep the cancellation deadline it is sufficient to send the notification of cancellation before the end of the cancellation deadline.
If you cancel this contract we shall repay to you all payments that we have received from you, including delivery costs (with the exception of the additional costs that arise from you selecting a different type of delivery than that offered by us as the cheapest standard delivery method), promptly and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment we shall use the same payment method you used for the original transaction, unless something different is expressly agreed with you; in any case, no charges will be levied against you for this repayment. We can delay the repayment until we have received the goods back from you or until you have given proof that you have sent back the goods, whichever is sooner.
You must return or surrender the goods to us promptly and in all cases at the latest within fourteen days from the day on which you The period is maintained by sending us the goods before the end of the fourteen day period.
You bear the direct costs of returning the goods.
You must pay for any loss of value to the goods only when this loss of value can be attributed to handling that is more than necessary for testing the characteristics, qualities and functions of the goods.
End of Cancellation Policy
There is no cancellation right for the delivery of goods that are unsuitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.
You can use the following Cancellation Form to declare your cancellation.
Template Cancellation Form
(If you wish to cancel the contract, please complete this form and return it to us.)
To LichtWesen AG, Pestalozzistr.1, 64319 Pfungstadt, Fax: +49 (0) 6157-150222, E-mail: email@example.com:
I/We (*) hereby cancel the contract concluded by me/us (*) regarding the purchase of the following
goods (*) the performance of the following services (*)
ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (for paper notification)
(*) Delete as appropriate.
(9) We are not subject to special codes of conduct or those not mentioned in advance.
(10) The European Commission has set up an online platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve any disputes in connection with online orders without initially involving the courts. The online dispute resolution platform (ODR website) can be found via the following external link:http://ec.europa.eu/consumers/odr/. In this regard, we have a legal duty to remind you of our e-mail address. This is: firstname.lastname@example.org We are not prepared to take part in a dispute resolution procedure at a consumer arbitration service since we are not obliged to do this.
(11) We also refer you to our Standard Terms and Conditions.
LichtWesen AG, represented by the Chairwoman Dr. Petra Schneider, Pestalozzistr.1, 64319 Pfungstadt; VAT Identification Number DE 812825028