General terms and conditions with customer information

1. Scope
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment Methods
7. Retention of title
8. Warranty of material defects and guarantee
9. Liability
10. Storage of the contract text
11. Final provisions

1. Scope
1.1. For the business relation between [Lauterbach Verfahrenstechnik GmbH, Spöcker Weg 23a, 76344 Eggenstein Leopoldshafen] (hereinafter “Seller”) and the customer (hereinafter “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.

1.2. You can reach our customer service for questions, complaints and objections on weekdays from [9:00 a.m.] to [4:00 p.m.] at the telephone number [0721-978220] or by e-mail at [info@ lv-soft.de].

1.3. For the purposes of these GTC, consumers shall be any natural person who concludes a legal transaction for a purpose which is largely not attributable to their commercial or independent professional activity (§ 13 BGB).

1.4. Deviating conditions of the customer are not accepted unless the seller expressly agrees to their validity.

2. Offers and service descriptions
The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to submit an order. Service descriptions in catalogues as well as on the seller’s websites do not have the character of an assurance or guarantee.
All offers are valid as long as stocks last, unless otherwise stated in the products. For the rest, errors are reserved.

3. Order process and conclusion of contract
3.1. The customer can select products from the seller’s range without obligation and collect them via the [in the shopping basket] button in a so-called shopping cart. The product selection can be changed within the shopping basket, e.g. deleted. The customer can then move within the shopping cart via the [continue to checkout] button at the end of the order process.

3.2. The customer makes a binding request to purchase the goods in the shopping basket using the button [order payable]. Before sending the order, the customer can change and view the data at any time and use the browser function “back” to go back to the shopping basket or cancel the order process altogether. The required information is marked with an asterisk (*).

3.3. The seller then sends the customer an automatic acknowledgement of receipt by e-mail, in which the customer’s order is relisted and which the customer can print out using the “print” function (order confirmation). The automatic acknowledgement of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The contract of sale shall only be concluded when the seller sends the ordered product to the customer within 2 days, or the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the has confirmed the invoice.

3.4. Should the seller allow a advance payment , the contract is concluded with the provision of the bank data and payment request. If, despite the due date, the payment has not been received by the seller until a time of 10 calendar days after the order confirmation has been sent, the seller will return from the contract with the result that the order is lapsed and The seller does not meet any obligation to deliver. The order is then done for the buyer and seller without any further consequences. A reservation of the item at Vorkassezahlungen is therefore made for a maximum of 10 calendar days.

4. Prices and shipping costs
4.1. All prices indicated on the seller’s website are inclusive of the applicable statutory value added tax.

4.2. In addition to the prices indicated, the seller calculates shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and within the scope of the ordering process.

5. Delivery, availability of goods
5.1. As far as advance payment is agreed, the delivery takes place after receipt of the invoice amount.

5.2. Should the delivery of the goods fail due to the fault of the buyer despite three-times trial, the seller may rescind the contract. Any payments made will be refunded to the customer immediately.

5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier without fault, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to be supplied with a comparable product, the seller will immediately reimburse the customer for any compensation already provided.

5.4. Customers are informed about delivery times and delivery restrictions (e.g. restrictions on deliveries in certain countries) on a separate information page or within the respective product description.

6. Payment Methods
6.1. The customer can choose from the available payment methods in the frame and before completion of the order process. Customers are informed of the available means of payment on a separate information page.

6.2. If payment by invoice is possible, the payment has to be made within 30 days after receipt of the goods and the invoice. All other payment methods must be paid in advance without deduction.

6.3. Third-party providers are contracted to process payments, e.g. Paypal. Their terms and conditions apply.

6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by failure of the appointment. In this case the customer has to pay the statutory interest on arrears.

6.5. The customer’s obligation to pay interest on arrears does not preclude the seller from claiming further damages caused by default.

6.6. The customer shall only be entitled to set-off if his counter-claims are legally determined or acknowledged by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title
The goods delivered remain the property of the seller until full payment is made.

8. Warranty of material defects and guarantee
8.1. The warranty is governed by legal regulations.

8.2. A guarantee exists for the goods delivered by the seller only if it has been expressly made. Customers will be informed of the warranty conditions prior to initiating the order process.

9. Liability
9.1. Without prejudice to other legal requirements, the following liability exclusions and limitations apply to liability of the seller for damages.

9.2. The seller shall be liable without limitation as far as the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the contract purpose, or for the breach of obligations, whose fulfilment the proper execution of the contract in the first place and to ensure compliance with the customer on a regular basis. In this case, however, the seller is only liable for the foreseeable damage typical of the contract. The seller is not liable for the slight negligence of other than the obligations mentioned in the above sentences.

9.4. The aforementioned limitations of liability do not apply in case of injury to life, body and health, for a deficiency after acceptance of a guarantee for the condition of the product and in case of fraudulently concealed defects. Liability under the product liability act remains unaffected.

9.5. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text
10.1. The customer can print the contract text to the seller before placing the order by using the print function of his browser in the final step of the order.

10.2. The seller also sends the customer an order confirmation with all order details to the email address he has provided. With the confirmation of the order, but at the latest at the time of the delivery of the goods, the customer will also receive a copy of the terms and conditions as well as revocation instruction and the instructions on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.

11. Final provisions
11.1. The Court of jurisdiction and place of performance shall be the registered office of the seller if the customer is a trader, a legal person of public law or a public-law special Fund.

11.2. The contract language is German.

11.3. European Commission Platform on Online Dispute Resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not prepared and not obligated to participate in a dispute settlement procedure before a consumer arbitration.

This post is also available in: Deutsch (German)