GENERAL TERMS & CONDITIONS
1. general, clientele, language
(1) All offers, sales contracts, deliveries and services based on customer orders via websites of Tiefenbacher Lehmann (hereinafter the "web shop") are subject to these general terms and conditions. In addition, offers, purchase contracts, deliveries and services in connection with end customers, which are sent by e-mail, are also subject to these General Terms and Conditions.
(2) The product offer in the web shop is aimed equally at consumers and entrepreneurs, but only at end users. Retailers and bulk purchasers are welcome to send enquiries regarding the product range by e-mail to Tiefenbacher Lehmann (sales@tiefenbacherlehmann.com).
(3) For the purposes of these General Terms and Conditions of Business, (i) a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to his or her commercial or self-employed professional activity (§ 13 of the German Civil Code - BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding the contract (§ 14 para. 1 BGB).
(4) Terms and conditions of the customer shall not apply. They only become part of the contract if this is expressly agreed to.
(5) The contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German or English language page of the web shop. If the order of the customer is placed via the German-language webshop, the German version of these General Terms and Conditions of Business shall apply exclusively. If the order is placed via the English-language web shop, only the English version of these General Terms and Conditions of Business shall be authoritative.
2. conclusion of contract
(1) The presentation of the goods in the web shop does not constitute an offer to conclude a sales contract.
(2) By clicking on the button "Buy"/ "Order subject to payment", the customer makes a binding offer to conclude a purchase contract with regard to the goods contained in the shopping cart. Before submitting the offer, it is necessary for the Customer to accept these General Terms and Conditions of Business and the cancellation policy. In addition, before submitting the offer, the customer will again receive an overview of the information he has provided and the opportunity to correct any input errors.
The customer is bound to the offer for a period of two (2) weeks after placing the order.
(3) Tiefenbacher Lehmann will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which however does not represent an acceptance of the offer.
(4) The offer is only considered as accepted by Tiefenbacher Lehmann when Tiefenbacher Lehmann declares acceptance to the customer (by email) or sends the goods.
(5) The goods are dispatched after payment of the full amount by one of the offered payment methods within the delivery time stated on the respective product page.
(6) If delivery of the goods ordered by the customer is not possible in exceptional cases, Tiefenbacher Lehmann will refrain from a declaration of acceptance. In this case no contract is concluded. The customer will be informed of this immediately.
(7) If, in individual cases, the customer does not place an order via the web shop but by e-mail, his order by e-mail is considered a binding offer to conclude a purchase contract with regard to the requested goods. In this case the customer is also bound to the offer for a period of two (2) weeks after placing the order. The provisions mentioned in paragraphs (3) - (6) apply accordingly.
3. right of withdrawal
(1) If the customer is a consumer within the meaning of clause 1, he has a right of revocation in accordance with the statutory provisions, as described in the revocation instruction.
(2) If the customer only returns single goods and not the entire order, this is a so-called partial revocation. Tiefenbacher Lehmann offers this partial revocation as a voluntary service. A refund of shipping costs, even proportionately, does not take place in this case. The customer must still bear the costs of the return shipment.
4. prices, shipping costs and terms of payment
(1) The prices stated in the web shop at the time of the order are valid.
(2) The prices include the statutory value added tax
However, shipping costs and any customs duties and similar charges are not included. These are calculated in the shopping cart and can also be viewed by customers by clicking on "plus shipping costs". In any case, shipping costs as well as any customs duties and similar charges are to be borne by the customer.
(3) In our web shop, the payment methods credit/debit card and PayPal are available.
(4) The customer has no right of set-off or retention unless the counterclaim is undisputed or has been legally established.
5. dispatch of the goods
(1) Tiefenbacher Lehmann is entitled to make partial deliveries of separately usable products included in an order, whereby Tiefenbacher Lehmann shall bear the additional shipping costs caused by this independently of the other cost regulation.
6. shipping, insurance and transfer of risk
(1) Unless expressly agreed otherwise, Tiefenbacher Lehmann shall determine the appropriate mode of dispatch and the transport company at its reasonable discretion.
(2) Tiefenbacher Lehmann only owes the timely, proper delivery of the goods to the transport company and is not responsible for delays caused by the transport company. A shipping time stated in the web shop is therefore not binding.
(3) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods passes to the customer at the point in time at which the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.
7. retention of title
(1) Tiefenbacher Lehmann reserves the right of ownership of the goods delivered by it until full payment of the purchase price for the goods concerned.
(2) For entrepreneurs, the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. The customer is not entitled to resell the delivered goods subject to retention of title without the prior written consent of Tiefenbacher Lehmann. In the event of a possible resale, the customer hereby assigns to Tiefenbacher Lehmann the claims from the resale up to the amount of the purchase price to be paid to Tiefenbacher Lehmann plus a surcharge of 20%. Tiefenbacher Lehmann hereby authorises the customer to collect the claims assigned in this way in the normal course of business, whereby Tiefenbacher Lehmann can revoke this authorisation at any time in the event of default of payment on the part of the customer.
8. warranty
(1) The warranty is based on the applicable legal regulations, in particular the BGB (German Civil Code).
(2) If the delivered goods are afflicted with a material defect, the customer can first demand that Tiefenbacher Lehman remedy the defect or deliver defect-free goods.
(3) If the supplementary performance according to No. 8 Para. 1 fails or is unreasonable for the customer or Tiefenbacher Lehmann refuses the supplementary performance, the customer is entitled in each case in accordance with the applicable law to withdraw from the purchase contract, reduce the purchase price or demand compensation for damages or reimbursement of his futile expenses. The special provisions of item 9 of these General Terms and Conditions of Business also apply to claims for damages by the customer.
(4) If the customer is a registered trader within the meaning of the German Commercial Code (HGB), the provisions of the HGB shall apply in addition.
Tiefenbacher Lehmann can choose between rectification of the defect or delivery of a defect-free item if the entrepreneur asserts a material defect. The choice can only be made by notification in text form (also by e-mail) to the customer within three (3) working days after notification of the defect. Tiefenbacher Lehmann can refuse the type of supplementary performance chosen by the customer if this is only possible at disproportionate costs.
In relation to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract are considered as an agreement on the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements.
The fully-qualified merchant must carefully examine the goods immediately after they have been sent. The delivered goods shall be deemed approved by the entrepreneur if Tiefenbacher Lehmann is not notified of a defect (i) in the case of obvious defects within five (5) working days after delivery or otherwise (ii) within five (5) working days after discovery of the defect in accordance with § 377 HGB (German Commercial Code).
(5) The warranty period is two (2) years from delivery if the customer is a consumer, otherwise twelve (12) months from delivery.
9. Liability
(1) Tiefenbacher Lehmann is liable without limitation for intent and gross negligence in accordance with the statutory provisions.
(2) In other cases, Tiefenbacher Lehmann is only liable - insofar as not otherwise regulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer can regularly rely (so-called cardinal obligation), limited to the compensation of the foreseeable and typical damage. In all other cases, liability is excluded subject to the provision in paragraph 3.
(3) Liability in the event of fraudulent concealment of defects or in the event of the assumption of a guarantee of quality as well as liability for claims based on the Product Liability Act and for damages resulting from injury to life, body or health shall remain unaffected. This does not imply a change in the burden of proof to the disadvantage of the customer.
(4) If the Customer is an entrepreneur, Customer's claims for damages for which liability is limited in accordance with Section 2, with the exception of claims arising from tort, shall become statute-barred after one (1) year calculated from the statutory commencement of the limitation period.
(5) Insofar as the liability of Tiefenbacher Lehmann is excluded or limited, this also applies to the personal liability of employees, workers, staff, representatives and vicarious agents.
10. applicable law and place of jurisdiction
(1) The purchase contract existing between Tiefenbacher Lehman and the customer is subject to the law of the Federal Republic of Germany subject to mandatory international private law regulations under exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer has placed the order as a consumer and has his habitual residence in another country at the time of his order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in paragraph 1.
(3) If the customer is a merchant in the sense of § 1 para. 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the Local Court of Reinbek or the Regional Court of Lübeck shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question, depending on the amount in dispute.
In all other cases, Tiefenbacher Lehmann or the customer can bring an action before any court that has jurisdiction based on statutory regulations.
11. severability clause
(1) Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the contract as a whole shall remain unaffected.
(2) The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective which the contracting parties had pursued with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.
Status: May 2020