General terms and conditions
General terms and conditions
These contractual terms and conditions apply to all contracts between
Lattoflex Thomas GmbH + Co. SItz- und Liegemöbel KG
(hereinafter referred to as "Provider" or "we") and our customer (hereinafter referred to as "Customer" or "you") exclusively concluded in our online shop by using means of remote communication (e.g. via the Internet or by telephone). For contracts that we conclude in our offline shop (retail shop), the terms and conditions included there apply.
§ 1 Scope of application, definitions
(1) For the business relationship between the provider and the customer, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating conditions and contract offers of the customer are hereby rejected.
(2) The customer is a consumer, insofar as the purpose of the legal transaction cannot predominantly be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity that, when concluding a legal transaction, acts in exercise of his commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The customer can select products from our range and collect them in a so-called shopping cart by clicking the button "Add to cart". By clicking the button "order subject to payment" the customer submits a binding application to purchase the goods in the shopping cart.
(2) Before submitting the order, the customer can at any time change and view the data entered by him and correct any input errors. However, the customer's application can only be submitted and transmitted if the customer has accepted these General Terms and Conditions as part of the ordering process and thereby included them in his application.
(3) The provider will then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the provider has received the customer's order and does not constitute acceptance of the application.
The contract is only concluded when we issue the declaration of acceptance, which is sent by a separate e-mail. The submission of an invoice to the customer for the respective goods ordered by the customer replaces the declaration of acceptance. The declaration of acceptance can also be replaced by us by executing the order within 5 days of receipt of the order. If there are several of the aforementioned acceptance variants, the contract shall be concluded at the event that respectively occurs first. In any case, the customer shall receive a confirmation of contract in text form in accordance with the statutory provisions.
Should the customer not have received a declaration of acceptance, invoice or notification of delivery or no goods within 5 days, he is no longer bound to his order. In this case, we will immediately reimburse the customer for any services already rendered.
(4) Subject of the delivery or service are the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, designs and prices refer to the articles offered in each case, but not to any accessories or decorations that may be included.
The presentation of our products and the information provided for this purpose serve exclusively to describe our services and do not constitute a guarantee of quality.
(5) If we are not able to deliver the ordered goods through no fault of our own and despite all reasonable efforts, because our supplier does not fulfil his contractual obligations towards us, we shall be entitled to withdraw from the contract. However, this right of withdrawal shall only exist if we have concluded a congruent covering transaction (binding, timely and sufficient order of the goods) with the supplier concerned and are not responsible for the non-delivery in any other way. In such a case, we will inform the customer immediately that the ordered goods are not available. We shall reimburse any consideration already paid by the customer without delay.
(6) The contract language is German.
(7) The order processing and contact within the scope of the contract processing are usually carried out by e-mail. The customer must therefore ensure that the e-mail address provided by him for order processing is correct and that no settings or filter devices of the customer prevent the receipt of contract-related e-mails.
(8) Insofar as a delivery time is stated in our offers, this delivery time and the information provided in each case shall have priority for the calculation of the delivery time. If no delivery time or no deviating delivery time is specified for the respective goods in our online shop, it shall be 7 days. This period for delivery begins with payment in advance on the day after the payment order is issued to the transferring bank or, in the case of other payment methods, on the day after the contract is concluded and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a general holiday recognised by the state at the place of delivery, the next working day shall take the place of such day.
§ 3 Title retention
The delivered goods shall remain our property until all claims arising from the contract have been settled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until settlement of all claims to which we are entitled.
§ 4 Prices and shipping costs
(1) Our prices include the respectively applicable statutory value added tax applicable and do not include shipping costs.
(2) The corresponding shipping costs are notified to the customer prior to conclusion of the contract and are to be borne by the customer, unless delivery free of shipping costs has been agreed.
§ 5 Payment
(1) The customer can make the payment according to the payment methods provided in the respective offer.
(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless the respective agreed method of payment provides for a different arrangement.
(3) The customer shall ensure sufficient account coverage. In the event of return debit notes caused by insufficient cover, the customer shall be obliged to reimburse us for the loss incurred as a result.
(4) The customer's obligation to pay interest on late payments does not exclude the enforcement of further damages caused by delay.
(5) The customer shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 6 Transfer of risk
(1) In relation to consumers, the risk of accidental loss and accidental deterioration of the object of purchase shall not pass to the customer until the object of purchase has been delivered to the customer in accordance with the law.
(2) Only if the customer acts as an entrepreneur, the following applies: Delivery is ex warehouse. The risk of accidental loss and accidental deterioration of the goods is transferred to the customer at the latest upon delivery. However, in the case of a mail order purchase, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delays, shall already pass upon delivery of the goods to the freight forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
(3) If the customer is in delay of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage and transport costs).
§ 7 Warranty for material defects, guarantee
(1) Claims for defects concerning used items delivered by us shall become statute-barred one year after delivery to the customer. In relation to entrepreneurs, the limitation period for claims for defects for items delivered by us is 1 year and the limitation period does not start again if a replacement delivery is made within the scope of liability for defects. We are otherwise liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff German Civil Code (BGB).
(2) Our liability pursuant to § 8 of these General Terms and Conditions, in particular for claims for damages by the customer arising from injury to life, body or health or from the breach of essential contractual obligations (see § 8 below), for damages under the Product Liability Act and for any guarantees assumed, shall remain unaffected by the limitations of paragraph 1 above. The statutory limitation periods for the right of recourse in accordance with § 478 BGB for entrepreneurs and our liability in the event of fraudulent concealment of a defect shall also remain unaffected.
(3) Claims for defects by traders require that they have fulfilled their statutory obligations to inspect and notify defects (§§ 377, 381 German Commercial Code (HGB)).
(4) A guarantee of quality or durability (§ 443 BGB) on our part shall only exist for the goods delivered by us if this has been expressly offered and agreed by us. Any manufacturer's warranties shall remain unaffected.
(5) Any complaints and warranty claims can be made at the address given in the provider identification.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury of life, body, health or from the injury of essential contractual obligations (material contractual obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract as well as those on whose compliance the customer as a contractual partner may regularly rely. In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
(2) The limitations of the above paragraph 1 also apply in favour of the provider's legal representatives and vicarious agents if claims are asserted directly against them and also analogously for claims for reimbursement of expenses.
(3) The provisions of the Product Liability Act as well as our liability for any guarantees assumed remain unaffected.
§ 9 Right of withdrawal
Consumers have a statutory right of withdrawal. You will separately receive a revocation instruction in text form according to the legal regulations.
§ 10 Contract text
The text of the contract is not stored by us and cannot be retrieved after completion of the ordering process. The customer can print out these Terms and Conditions and the order data before sending his order and will receive a contract confirmation in accordance with the statutory provisions.
§ 11 Extra-judicial settlement/consumer dispute resolution
(1) The European Union has established an online platform ("OS Platform") for the extra-judicial settlement of consumer disputes. The OS Platform is intended to serve as a contact point for the extra-judicial settlement of disputes concerning contractual obligations arising from online sales contracts. The platform can be found at https://ec.europa.eu/consumers/odr.
(2) As a matter of principle, we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 Final provisions
(1) The contract shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law shall only apply insofar as the consumer is not thereby deprived of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence.
(2) If the customer is a trader, a legal entity under public law or a special fund under public law or if the customer has no general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
(3) The possible invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. Instead of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
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As of: 5 April 2018