General Terms and Conditions
§ 1. Scope
(1). The following General Terms and Conditions are exclusively applicable to sales of goods and other services by us, the Legler OHG small foot company, irrespective of whether these transactions are concluded online or offline.The following General Terms and Conditions shall apply in their latest wording at the time of conclusion of the respective contract.
Conflicting or deviating terms and conditions of the Buyers will not be recognised by us unless we have expressly consented to them. The performance of the services shall not be interpreted as consent.
(2). The present General Terms and Conditions shall not apply to consumers in the sense of § 13 German Civil Code (BGB).
§ 2. Registration as Customer
(1). You have the possibility of creating your own user account and thus of registering as a customer of our trading system.
The data necessary for creation of the user account must be entered completely and truthfully by you.
(2). Your chosen password must be kept secret in all circumstances and on no account disclosed to third parties.
§ 3. Model Changes
(1). All series-production products are supplied as shown in our illustrations or in accordance with samples. We expressly reserve the right to change products without prior notice if this becomes necessary for production-related or legal reasons.
(2). All dimensions indicated in catalogues, in the online shop and in other publications are approximate dimensions. Tolerances within the customary commercial allowances therefore do not constitute faults.
(3). Unless otherwise indicated, all articles are delivered without batteries.
§ 4. Prices and Terms of Payment
(1). All prices are to be understood ex works Delmenhorst warehouse, exclusive of the statutory value-added tax and shipping costs.
(2). The prices valid at the time of conclusion of the contract remain applicable for a period of 4 months from the date of signing of the contract. For deliveries later than 4 months from the date of signing of the contract, the prices valid at the time of delivery shall apply. If, in exceptional cases, we allow a price reduction for your current order occurring before delivery of the goods, then this is a voluntary gesture without any legal obligation for the future.
(3). Our invoices are payable without any deduction within 30 days of the invoice date by bank transfer. Payments by cheque will not be accepted.
(4). If the Buyer is in default with payment of an invoice, this will result in all other open invoices from us becoming immediately due.
(5). Available payment options: Bank transfer (prepayment), Paypal or HeidelPay (payment with credit card, secured invoice purchase, Giropay and instant bank transfer is done via HeidelPay).
(6). When paying by credit card via PayPal or HeidelPay, the purchase price will be charged to your credit card by PayPal or HeidelPay at the time of the order.
(7). When paying by direct debit via PayPal/HeidelPay, you may have to bear fees associated with the payment transaction for lack of funds or due to incorrectly transmitted bank account information.
§ 5. Terms of Delivery
(1). All deliveries are made ex works Delmenhorst warehouse. Transport is at the Buyer´s risk and cost.
(2). We shall be entitled to withdraw from the contract if the Buyer has made false statements of fact regarding his creditworthiness or has discontinued his payments, or if application has been made to open insolvency proceedings over his assets. We shall also be entitled to withdraw from the contract if we become aware of circumstances which could preclude or delay the proper fulfilment of the contract by the Buyer.
(3). The Buyer shall be entitled to re-sell the goods purchased from us. Our prior written consent shall be required if you do not re-sell the goods yourself and plan to sell our products through sales portals on the Internet.
§ 6. Reservation of Title
(1). We reserve title to the goods supplied until all claims arising from the delivery contract have been paid in full. This shall also apply to all future deliveries even if we do not always make explicit reference thereto. We shall be entitled to take back the delivered goods if the Buyer violates the contract in any form.
(2). The Buyer shall be obliged to handle the goods supplied carefully as long as the ownership title has not been transferred to him. As long as the ownership title has not been transferred to him, the Buyer shall be obliged to notify us immediately in writing if the goods supplied are impounded or exposed to other interventions of third parties.
(3). The Buyer shall be entitled to re-sell the goods supplied under reservation of title during the normal course of business. The Buyer here and now assigns to us the receivables arising from the resale of the goods supplied under reservation of title to the level of the final invoice amount agreed with us (including value-added tax). This assignment shall apply irrespective of whether the goods supplied have been re-sold before or after processing. The Buyer shall remain responsible for collection of the receivables even after the assignment. This shall not affect our right to collect the receivables ourselves. We will not, however, collect the receivables as long as the Buyer fulfils his payment obligations out of the proceeds collected, is not in default with payment and in particular no application has been made to open insolvency proceedings or payments have not been suspended.
§ 7. Warranty for Defects, Guarantee
(1). Obvious defects shall be communicated in writing immediately after handover. Later warranty claims for obvious defects cannot be considered. All other warranty claims shall become statute barred 1 year after handover.
(2). In the event of a fault, we reserve the right under our warranty obligations to repair or replace the goods at our discretion.
(3). We expressly reserve compliance with the prescribed dimensions and colours as well as technical improvements. If special demands are made on strict dimensional accuracy, these must be expressly indicated and agreed upon in all cases at the time of ordering.
(4). We assume no liability for the consequences of improper use of our goods.
§ 8. Liability Disclaimer
(1). Claims for damages by our customers shall be ruled out unless otherwise provided for below. The above liability disclaimer shall also apply to the Seller´s legal representatives and vicarious agents insofar as the customer asserts claims against these.
(2). Excluded from the liability disclaimer under clause 1 shall be claims for damages due to injury to life, body, health and to damage compensation asserted on the grounds of breaches of cardinal contractual obligations. Cardinal contractual obligations are such which have to be fulfilled in order to achieve the objective of the contract, e.g. the Seller must hand over the goods to the customer without material defects or defects of title and must transfer the title to the goods. Also excluded from the liability disclaimer is the liability for damage resulting from a deliberate or grossly negligent breach of duty by the Seller, his legal representatives or vicarious agents.
(3). This shall not affect the provisions of the German Product Liability Act (ProdHaftG).
§ 9. Final Provisions
(1). Amendments or supplements to these General Terms and Conditions shall require the written form for their validity. This shall also apply to any waiving of this requirement for the written form.
(2). All legal relations between the Parties shall be subject to the laws of the Federal Republic of Germany, to the exclusion of the UN Sales Convention.
(3). Place of fulfilment and sole venue for all disputes arising out of or in conjunction with this contract shall be our registered office.
(4). The possible legal invalidity of individual provisions of this contract shall not affect the validity of the other provisions or of the contract as a whole.
(5). Translations of these General Terms and Conditions from German into other languages are to be regarded only as a service to our customers. The sole binding version and authoritative for the interpretation shall be the German version.
We should point out that the retail trade is obliged to hand over the CE stickers supplied loose with some articles to the ultimate consumer together with the goods!