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Conditions of Use

This is the translation of our conditions of use. If the translation is different from the German original it will be valid only the German original.

1. Scope of application & protective clause
These General Terms and Conditions (GTC) shall apply exclusively. The GTC of the buyer shall only apply insofar as the seller has expressly agreed to them.

2. Website presentation
The product and services presented on the seller's website do not constitute a binding offer by the seller; they represent an invitation for the customer to make a binding offer to the seller.

3. Orders
Orders are only binding on the seller if he has confirmed them writing. In the case of immediate delivery, the invoice also serves as an order confirmation.

4. Right of withdrawal for final consumers within the EU
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece. To exercise the right of withdrawal, you must inform us

L&W Steckerladen GmbH
Industriestraße 4
22869 Schenefeld
Tel.: +49 (0)40 - 839 39 19-0
Fax: +49 (0)40 - 839 39 19-15
Email: info@steckerladen.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached  template, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

5. Prices, shipping, packaging, insurance
(1) Prices apply to the delivery of each confirmed order ex-Schenefeld, excluding packaging, unless agreed otherwise in writing. They are based on the applicable wage and material costs.
(2) The prices are EURO prices, and they do not include VAT (value-added tax). VAT (value-added tax) is charged at the statutory rate and shown separately on the invoice.
(3) The minimum order value is EUR 25.00. We reserve the right to charge a processing fee of EUR 5.00 for orders below the aforementioned minimum amount.
(4) Packaging is charged at cost and will not be taken back.
(5) Transport insurance may be arranged upon request and at cost of the buyer.

6. Delivery times
The seller is making every effort to deliver within the agreed delivery times. The delivery period starts on the day on which all commercial and technical requirements necessary for the execution of the order have been clarified.

7. Availability of supplies
(1) The seller shall not assume any procurement risk. The seller is entitled to withdraw from the contract if he does not receive the goods in spite of concluding the appropriate purchase agreement; the responsibility of the seller for cases of intent or negligence remains unaffected.
(2) The seller shall inform the buyer immediately about the delayed availability of the delivery item and if the buyer wishes to withdraw, the seller shall cancel the order immediately; the seller will refund the buyer for any payment already made without delay.

8. Mail order delivery costs
The buyer shall bear the shipping costs from the seller's place of business, unless they exceed a reasonable amount compared to the value of the contractual item.

9. No liability for damages on part of the intermediary
The seller shall not be held responsible for material defects of goods which he obtained from third parties and delivered unchanged to the purchaser; the responsibility in cases of intent or negligence remains unaffected.

10. Reservation of title
The contractual item shall remain the property of the seller until the purchase price has been paid in full.
 
11. Obligation of the buyer to give notice of defects
The buyer is obliged to notify any obvious material defects and defects of title to the seller in writing within 14 days net upon receipt of the goods; it is sufficient to post the notice within the time limit. The deficiencies shall be described by the buyer in as much detail as possible.

12. Payment terms for the purchase of consumer goods
The purchase price is payable upon delivery in full. Without any further notice, the buyer will be in default of payment if no payment is received within 14 days after the due date. In the event of goods being defective, the buyer shall not be entitled to withhold payment if this were out of proportion to the potential costs of remedying the defect.

13. Disclaimer of liability
(1) The seller shall be liable for acts of wilful intent or gross negligence caused by the seller or his representatives and vicarious agents as stipulated by statutory provisions. In all other cases, the seller shall be liable under the German Product Liability Act. This includes damage suffered as a result of loss of life or injury, for culpable breach of material contractual obligations or if the seller has maliciously concealed a defect or has provided a guarantee for the quality of the item delivered. However, the claim for damages for the breach of material contractual obligations is limited to typical, foreseeable damage if none of the cases of mandatory liability set forth in sentence 1 or 2 shall apply.
(2) The provisions set forth in paragraph 1 above are valid for all claims for damages (in particular, compensation in addition to performance and compensation in lieu of performance), irrespective of the legal grounds but in particular, arising from defects, breach of duties under the contractual relationship or unlawful acts. This shall also apply to the claim for reimbursement of the costs incurred. While the liability for delays is regulated under paragraph 14, the liability for impossibility is laid down in paragraph 15.
(3) A change in the burden of proof to the detriment of the buyer is not connected to the above provisions.

14. Liability for damage caused by delays/ industrial action
(1) If the non-compliance is attributable to force majeure such as mobilization, war, riots or similar events, e.g. a strike or lockout, the time limits shall be extended accordingly.
(2) In the case of delayed performance, the seller shall be liable for acts of wilful intent or gross negligence caused by the seller or his representatives and vicarious agents as stipulated by statutory provisions. In other cases of delays in the performance, the seller's liability for damages shall be limited to 5% of the delivery value in the case of compensation in addition to performance and 15% of the delivery value in the case of compensation in lieu of performance. Any further claims of the buyer are excluded even after the end of the grace period set by the seller. The foregoing limitation shall not apply to liability for damage suffered as a result of loss of life or injury. A change in the burden of proof to the detriment of the buyer is not connected to the above provisions.

15. Limited liability in impossibility cases
If the delivery is impossible, the buyer is entitled to claim damages in accordance with statutory provisions. However, in this case, the buyer's claim for damages in addition or in lieu of performance and reimbursement of costs incurred is limited to 15% of the value of the part of the delivery, which cannot be used due to impossibility to deliver. Any further claims of the buyer due to impossibility of the delivery are excluded.  
This limitation of liability shall not apply in cases of wilful intent, gross negligence or damage suffered as a result of loss of life or injury. The buyer's right to withdraw from the agreement remains unaffected. A change in the burden of proof to the detriment of the buyer is not connected to the above provisions.

16. Exclusion of the right of withdrawal and duty to make decisions
Under the statutory provisions, the buyer may only withdraw from the contract if the seller has breached his contractual duties. In the case of a breach of duty, the buyer has to notify the seller at his request within a reasonable period of time whether he intends to withdraw from the contract or receive the delivery instead. However, the statutory provisions shall continue to apply in the case of defects.

17. Two remedial attempts
If the buyer demands damages in lieu of performance, the rectification of defects shall be deemed to have failed only after an unsuccessful second attempt. The statutory cases in which no additional period (grace period) is required shall remain unaffected.

18. Exclusion of set-offs
The buyer may only offset claims that are undisputed or legally established.

19. Partial deliveries
Partial deliveries are only permitted if they are acceptable to the buyer.

20. Applicable law
This agreement between the parties shall be governed by the laws of the Federal Republic of Germany. The conflict rules of the Private International Law and the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

21. Place of jurisdiction
If the contractual partner of the seller is a business, the sole place of jurisdiction for any disputes arising from the contractual relationship is Schenefeld.

 

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