General Terms and Conditions
(Status: 01/2018) LITEWERKS GmbH Robert-Bosch-Str.
18 D-78467 Konstanz hereinafter referred to as “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 Value added 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 by arrangement). §1 Conclusion of the contract 1 LITEWERKS exhibits 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 on 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 shall not be 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.
LITEWERKS’ General Terms and Conditions also contain the following information on such a right of withdrawal.
A sample withdrawal form can be found below. Cancellation policy / right of withdrawal You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us LITEWERKS GmbH Robert-Bosch-Str.
18 D-78467 Konstanz Phone: +49(0)7531/9452525 E-Mail: i n f o [at] l i t e b l o x .
d e by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
You can use the attached sample withdrawal form, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences 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.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances 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 shall 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 withdraw from the contract, please fill out this form and send it back to us).
To LITEWERKS GmbH Robert-Bosch-Str.
18 D-78467 Konstanz 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 in case of notification on paper) _______________________________________ Date _________________________________ (*) Delete as appropriate § 3 Prices and terms of payment / shipping costs 1. all prices are final prices in EURO.
Prices are incl.
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 a special shipping guideline must be observed when shipping or returning lithium-based batteries. 3. for deliveries within Germany, LITEWERKS offers the following payment options, unless otherwise specified in the respective product presentation in the offer: advance payment by bank transfer PayPal cash payment upon 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 are to 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 Defects and liability 1. in the event of 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) SHALL ALSO APPLY.
2. claims of the customer due to material defects shall become statute-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 statute-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 statute-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 that 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.
Essential contractual obligations are also 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 shipped within 3 days of receipt of payment, unless otherwise stated 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 shall 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 delivery.
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. § 1. personal data shall only be collected if the customer voluntarily provides it to LITEWERKS 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 the contract has been fully processed and the purchase price has been paid in full, the customer’s data shall be stored with due regard to retention periods under tax and commercial law, but shall be deleted after these periods have expired, 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 is to be sent by post, email or fax to: LITEWERKS GmbH Robert-Bosch-Str.
18 D-78467 Konstanz Phone: +49(0)7531/9452525 Email: i n f o [at] l i t e b l o x .
d e § 9 Notice according to battery law: The acc. The information required by § 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/.”