General Terms and Conditions
(Status: 01/2018)
LITEWERKS GmbH
Robert-Bosch-Str. 18
D-78467 Constance
hereinafter "LITEWERKS"
Phone: +49(0)7531/9452525
E-mail: i n f o [at] l i t e b l o x . d e
Register court AG Freiburg: HRB717501
Sales tax identification number: DE315304270
apply in the version valid at the time of conclusion of the contract for contracts concluded with the seller via the homepage of LITEWERKS GmbH. The offer is primarily aimed at customers in the European Union (other countries after Arrangement).
§ 1 Formation of the contract
1 LITEWERKS displays products in its online store. This is not a legally binding offer, but merely an invitation to place an order. Service descriptions on the homepage do not constitute a guarantee.
2. the customer can select products from the LITEWERKS range without obligation and collect them in a so-called shopping cart using the "Shopping cart" button. The customer can then proceed to complete the order process within the shopping cart by clicking on the "Proceed to checkout" button. The customer can change and view the details of their order. The customer submits a binding offer by clicking the "Buy" button.
3. if LITEWERKS accepts the customer's offer, the customer shall receive a confirmation of receipt by e-mail, in which the order is listed again and which the customer can print out.
4. the text of the contract itself is not stored separately by LITEWERKS and can no longer be retrieved, viewed or stored by the buyer after conclusion of the contract.
§ 2 Right of withdrawal for consumers within the meaning of § 13 BGB
If the buyer is a consumer within the meaning of § 13 BGB, there is a statutory right of withdrawal in his favor. According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.
Such a right of withdrawal is also instructed as follows in the General Terms and Conditions of LITEWERKS. A sample withdrawal form can be found below.
Cancellation policy / right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must send us
LITEWERKS GmbH
Robert-Bosch-Str. 18
D-78467 Constance
Phone: +49(0)7531/9452525
E-mail: i n f o [at] l i t e b l o x . d e
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Sample withdrawal form
(If you wish to cancel the contract, please complete this form and return it to us).
To
LITEWERKS GmbH
Robert-Bosch-Str. 18
D-78467 Constance
Phone: +49(0)7531/9452525
E-mail: i n f o [at] l i t e b l o x . d e
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
Goods (! *)/the provision of the following service (*)
______________________________________________________
______________________________________________________
Ordered on (*)_______________/received on (*)_____________
Name of the consumer(s)
_____________________________________
Address of the consumer(s)
____________________________________
Signature of the consumer(s) (only for notification on paper)
_______________________________________
Date
_________________________________
(*) Delete as appropriate
§ 3 Prices and terms of payment / shipping costs
1. all prices are final prices in EURO. Prices include the statutory value added tax.
2. the shipping costs incurred in each case are not included in the purchase price, they are based on the shipping information provided in the respective offer and are to be borne additionally by the buyer, unless free shipping by LITEWERKS is expressly offered in the offer. The customer is advised that when shipping or returning lithium-based batteries, a special Shipping policy must be complied with.
3. for deliveries within Germany, LITEWERKS offers the following payment options, unless otherwise specified in the respective product presentation in the offer:
Prepayment by bank transfer
PayPal
Cash payment on collection of the purchased goods at the registered office of LITEWERKS
4. in the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which LITEWERKS is not responsible and which shall be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
§ 4 Return costs when exercising the right of withdrawal
If the buyer has a right of withdrawal and makes use of the right of withdrawal to which he is entitled, the buyer shall bear the direct costs of returning the goods.
§ 5 Retention of title
The goods delivered by LITEWERKS shall remain the property of LITEWERKS until full payment has been made.
§ 6 Material defects and liability
1. if there are defects, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, §§ 377 ff. HGB (GERMAN COMMERCIAL CODE).
2. claims of the customer due to material defects shall become time-barred for new items after two years from delivery of the object of purchase, unless otherwise agreed in the following paragraphs. However, if the customer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, claims for material defects shall become time-barred one year after delivery of the object of purchase.
3. claims of the customer due to material defects in the case of used items shall become time-barred one year after delivery of the object of purchase. If the customer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, liability for material defects is excluded.
4. all other claims of the buyer for damages against LITEWERKS, irrespective of their legal basis, shall be excluded, unless LITEWERKS or its vicarious agents have acted with intent or gross negligence or have breached material contractual obligations through slight negligence. Material contractual obligations are obligations which protect the legal positions of the contractual partner which are material to the contract and which the contract is intended to grant the contractual partner in accordance with its content and purpose. Furthermore, material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner has relied and was entitled to rely.
5. in the event of gross negligence or slightly negligent breach of a material contractual obligation, compensation shall be limited to the typical and foreseeable damage.
6. liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act or in the event of the assumption of a guarantee or if LITEWERKS fraudulently conceals a defect.
§ 7 Delivery and shipping conditions / delivery address
1. the goods shall be dispatched within 3 days of receipt of payment, unless otherwise specified in the specific offer and the buyer does not collect the goods from LITEWERKS himself.
2. if payment is made via the "PayPal" payment method, delivery will be made to the delivery address stored with "PayPal".
3. in the case of self-collection, LITEWERKS shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods by arrangement with LITEWERKS. In this case, no shipping costs will be charged.
4. the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, carrier or other party responsible for carrying out the shipment.
§ 8 Information on data protection
1. personal data shall only be collected if the customer provides it to LITEWERKS of its own accord for the purpose of processing the contract. All data shall be stored and processed in compliance with the relevant statutory provisions. The personal data entered on this occasion shall be used to process the contract and the customer's inquiries.
2 LITEWERKS shall not pass on personal data, including the home address and e-mail address, to third parties without the express consent of the customer, which may be revoked at any time. An exception to this is the transmission of data to the transport company commissioned with the delivery, insofar as this is necessary for the delivery of the goods, and to the credit institution commissioned with the processing of payments. In these cases, however, the scope of the transmitted data is limited to the necessary minimum.
3. after completion of the contract and full payment of the purchase price, the customer's data will be stored with regard to tax and commercial retention periods, but deleted after expiry of these periods, unless the customer has expressly consented to the further use of his data.
4. the customer has the right to free information, correction, blocking and deletion of his stored data at any time. The request must be sent by post, email or fax to:
LITEWERKS GmbH
Robert-Bosch-Str. 18
D-78467 Constance
Phone: +49(0)7531/9452525
E-mail: i n f o [at] l i t e b l o x . d e
§ 9 Note in accordance with the Battery Act:
The information required in accordance with § 18 BattG is enclosed in writing with the consignment when batteries are sold by mail order to end users.
§ 10 Information on online dispute resolution:
"In accordance with EU Regulation No. 524/2013, the EU Commission has provided an internet platform (ODR platform) for the out-of-court settlement of disputes arising from contractual obligations from online legal transactions. The EU Commission's ODR platform can be found at this link: http://ec.europa.eu/consumers/odr/."