B2B Terms and Conditions
Standard Terms and Conditions of LichtWesen AG in respect of businesses
(B2B) – Sales Contract
§ 1 Scope of Application
(1) These Terms and Conditions of LichtWesen AG, represented by the Chairwoman Dr. Petra Schneider, Pestalozzistr.1, 64367 Pfungstadt, apply to all orders from businesses in our online shop, unless these are altered by written agreement between the parties. Deviating or contradictory conditions are not recognised by us unless we have expressly agreed to these.
(2) Changes to these Terms and Conditions will be communicated to you in writing, by fax or e-mail. If you do not object to changes within four weeks of receipt of notification, the changes shall be deemed to be accepted. Your right to object and the consequences of silence will be expressly indicated to you in the case of any changes to the Terms and Conditions.
§ 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.
(3) Further information on data protection is available to customers within the framework of the Data Protection Declaration in the online shop.
§ 4 Conclusion of a Contract
The presentation of our goods does not constitute a legally binding offer. Only the ordering of goods by you constitutes a legally binding offer as set out in § 145 of the German Civil Code. In the case of acceptance of this offer, we will send you an order confirmation by e-mail.
§ 5 Payment Terms and Offsetting
(1) Customers can choose to pay for goods by PayPal, invoice, credit card, payment in advance (Vorkasse), GiroPay or cash on delivery (Nachnahme). When paying by cash on delivery, an additional fee becomes payable to the amount of €5, which is charged by the delivery agent locally.
(2) The customer has a right to offset any counterclaims against payment for the order if they are ascertained by law, indisputable or recognised by us.
§ 6 Retention of Title
(1) Goods remain our property until full payment has been received. If you default on payment by more than 10 days, we have the right to retire from the contract and demand the return of the goods.
(2) You are entitled to resell goods which are subject to retention of title within the normal course of business. In this case, however, you relinquish to us immediately all claims from a resale of this type to the value of our invoice, regardless of whether this takes place before or after any processing of the goods which remain under retention of title. Notwithstanding our right to collect the claims directly, you remain entitled after this surrender to collect an assigned claim. In connection with this we are obliged not to collect the claim as long as and insofar as you fulfil your payment obligations, no application for the opening of an insolvency procedure or similar is initiated and no suspension of payments occurs. Insofar as the aforementioned securities exceed the claim to be secured by more than 10%, we are obliged to release the securities at our discretion on your request.
§ 7 Delivery Terms
(1) We deliver the goods according to the agreements made with you. Any delivery costs incurred are indicated on the relevant product description and are detailed separately by us on the invoice. Delivery times and delivery deadlines are only binding if they have been confirmed by us in writing.
(2) If we cannot complete delivery at all or not according to the contract, you must grant us a grace period to complete the service. Otherwise you are not entitled to retire from the contract.
§ 8 Warranty
(1) If the delivered goods are defective, your statutory rights entitle you to demand subsequent fulfilment in the form of repair or the delivery of a non-defect item. The type of subsequent fulfilment is at our discretion. If the subsequent fulfilment is unsuccessful, you are entitled to reduce the purchase price or to retire from the contract. A prerequisite for all warranty rights is that you have properly fulfilled all duties of inspection and objection as set out in § 377 of the German Commercial Code.
(2) The limitation period for warranty claims for the goods supplied - excepting cases of damage claims - is twelve months from receipt of goods.
§ 9 Limitation of Liability
(1) We are liable for intent and gross negligence. Furthermore, we are liable for negligent breaches of obligations, the fulfilment of which in the first place enables the proper implementation of the contract and the breach of which endangers the achievement of the contractual purpose and in which compliance you place your trust as a customer. In this last case, we are liable however only for foreseeable damages typical for the contract. We are not liable for the slightly negligent breach of other obligations not mentioned in the above clauses.
These liability disclaimers do not apply to the endangerment of life, limb or health. Liability under product liability law remains unaffected.
(2) Data communication using the internet cannot be guaranteed in the current state of technology to be error-free and/or available at all times. In this respect, we are liable neither for the continual nor the uninterrupted availability of our online trading system.
§ 10 Final Provisions
(1) The law of the Federal Republic of Germany applies under the exclusion of the UN Sale of Goods law.
(2) Place of execution is Darmstadt/Germany.
(3) If you are a business person, the exclusive court of jurisdiction for all disputes arising from or in connection with this contract is Darmstadt/Germany.
(1) The languages available for contract conclusion are German and Dutch.
(2) 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.
(3) 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.
(4) 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. For security reasons, your order data are no longer accessible via the internet.
(5) We are not subject to special codes of conduct or those not mentioned in advance.
(6) We also refer you to our Standard Terms and Conditions.