General Terms and Conditions with Customer Information
1. Scope of Application
2. Offers and Service Descriptions
3. Order Process and Contract Conclusion
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Terms
7. Retention of Title
8. Warranty for Defects and Guarantee
9. Liability
10. Storage of Contract Text
11. Final Provisions
1. Scope of Application
1.1. For the business relationship between dorothee lehnen GmbH, Schlager Chaussee 21a, 30900 Wedemark (hereinafter “Seller”) and the customer (hereinafter “Customer”), exclusively the following General Terms and Conditions in their version valid at the time of ordering shall apply.
1.2. You can reach our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 5:00 p.m. at the telephone number 0049 (0)5130 9283180 as well as by e-mail at [email protected].
1.3. Consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and Service Descriptions
The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the seller’s websites do not have the character of an assurance or guarantee.
All offers are valid “while stocks last” unless otherwise stated for the products. Furthermore, errors are reserved.
3. Order Process and Contract Conclusion
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart via the [add to cart] button. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed to complete the order process within the shopping cart via the [proceed to checkout] button.
3.2. By clicking the [place order] button, the customer makes a binding offer to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time and return to the shopping cart using the browser function “back” or cancel the entire order process. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, which lists the customer’s order again and which the customer can print out using the “print” function (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller ships the ordered product to the customer within 2 days, hands it over, or confirms the shipment to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.
4. Prices and Shipping Costs
4.1. All prices stated on the seller’s website are inclusive of the applicable statutory value added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the order process.
5. Delivery, Product Availability
5.1. If advance payment is agreed, delivery takes place after receipt of the invoice amount.
5.2. Should delivery of the goods fail due to the buyer’s fault despite three delivery attempts, the seller may withdraw from 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 his supplier without his own fault, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if applicable, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want delivery of a comparable product, the seller will immediately refund any consideration already provided to the customer.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment Terms
6.1. The customer can choose from the available payment methods within the scope and before completion of the order process. Customers are informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are commissioned with payment processing, e.g. PayPal, their General Terms and Conditions apply.
6.4. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay statutory default interest.
6.5. The customer’s obligation to pay default interest does not exclude the assertion of further default damages by the seller.
6.6. The customer is only entitled to set-off if his counterclaims have been legally established or are recognized by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. Retention of Title
Until full payment, the delivered goods remain the property of the seller.
8. Warranty for Defects and Guarantee
8.1. The warranty is determined according to statutory provisions.
8.2. A guarantee exists for the goods delivered by the seller only if this has been expressly given. Customers are informed about the guarantee conditions before initiating the order process.
9. Liability
9.1. For liability of the seller for damages, the following liability exclusions and limitations apply without prejudice to other statutory claim requirements.
9.2. The seller is liable without limitation insofar as the cause of 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 contractual purpose, or for the breach of obligations, the fulfillment of which enables the proper performance of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above liability limitations do not apply to injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of Contract Text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest upon delivery of the goods, the customer also receives a copy of the Terms and Conditions together with withdrawal instructions and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. Furthermore, we store the contract text, but do not make it accessible on the Internet.
11. Final Provisions
11.1. Place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. The contract language is German.
11.3. Platform of the European Commission for Online Dispute Resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obligated to participate in a dispute resolution procedure before a consumer arbitration board.