TERMS
General Terms and Conditions for the Online Shop of
DAPO Leuchten Ambiente GmbH
§ 1
Scope
of Application(1) These Terms and Conditions contain the terms and conditions that apply exclusively between you and us, DAPO Leuchten Ambiente GmbH, Industriestr. 1, 76669 Bad Schönborn, HRB 232184 AG Mannheim (hereinafter referred to as DAPO for short), represented by the managing directors Eugen Riehl and Patricia Lee-Riehl, unless these are amended by written agreements between the parties. We are your contractual partner. By ordering an item in our online shop, you accept these terms and conditions in the current version as the only authoritative force. The validity of deviating general terms and conditions is expressly contradicted.
(2) Amendments to these Terms and Conditions are possible, they may be made by publishing the amended version of the General Terms and Conditions, indicating the date of their entry into force on the <www.lampenhit.de> website. If you do not object to the change within two weeks of publication, the changes will be deemed to have been accepted by you.
§ 2
Conclusion
of
Contract(1) The presentation of the articles in our online shop does not constitute a binding offer on our part. Only the order of an item by you leads to a binding offer on your part in accordance with § 147 BGB. Your order can be placed in writing, by fax, by e-mail or via the online form on the website. If you use the online form, you place a binding order for the items contained in the shopping cart by clicking on the purchase button "Send order" as part of the electronic ordering process. You can detect any input errors when submitting your order during the final confirmation before the checkout and correct them at any time with the help of the delete and change function before sending the order. We are entitled to accept the contract offer contained in the order within two weeks.
The receipt of the order will be confirmed to you immediately by fax or e-mail. The confirmation of receipt does not yet constitute a binding acceptance of the order. The purchase contract is only concluded with the dispatch of a delivery confirmation or the delivery of the goods.
(2) If you have ordered electronically, the text of the contract will be stored by us and sent to you by e-mail after conclusion of the contract, together with the legally valid General Terms and Conditions.
§ 3
Prices, Terms of Payment and Delivery
(1) All prices are in euros, including VAT. The purchase price is due immediately upon order. Payment for the goods is made by credit card (we use the "SSL" transmission method to encrypt your personal data), by bank transfer or by cheque.
(2) The shipment will only take place when the invoice amount has been credited to our account in full.
(3) We deliver the goods in accordance with the agreements made with you. Shipping costs incurredcan be seen in the shipping cost overview and will be shown separately by us on the invoice. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing.
(4) If we do not deliver the goods or do not deliver them in accordance with the contract, you must set us a grace period to perform the service. Otherwise, you are not entitled to withdraw from the contract.
§ 4
Retention
of
Title
The goods remain our property until full payment has been made. If you are more than 10 days in arrears with payment, we have the right to withdraw from the contract and reclaim the goods.
§ 5
Right
of withdrawal Right
of withdrawal You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (DAPO Leuchten Ambiente GmbH, Industriestr. 1, 76669 Bad Schönborn, email: info@dapo-leuchten.de) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this, but it is not mandatory.
In order 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.
If you withdraw from this contract, we must reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day, on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen day period.
You will bear the direct costs of returning the goods.
They only have to pay for any loss in value of the goods if this loss of value is due to handling of them that is not necessary to check the nature, characteristics and functioning of the goods.
-End
§ 6
Warranty
(1) The delivered articles may differ slightly from the articles shown on the Internet within the scope of what is reasonable.
(2) If there is a defect subject to warranty, you have the choice of whether the subsequent performance should be carried out by repair or replacement delivery. We are entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionately high costs and the other type of supplementary performance is not associated with significant disadvantages for you.
(3) If the subsequent performance fails, you can in principle demand a reduction of the remuneration (reduction) or rescission of the contract (withdrawal) as well as damages at your discretion. In the event of only minor defects, you are not entitled to a right of withdrawal.
(4) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods.
§ 7
Limitations of
Liability(1) We are only liable for damages other than those caused by injury to life, limb and health to the extent that they are based on intentional or grossly negligent action or on culpable breach of a material contractual obligation (cardinal obligation) by us or our vicarious agents (e.g. the delivery service). Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected.
(2) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant and uninterrupted availability of our online shop or for technical and electronic errors during the ordering process over which we have no influence, in particular not for any delayed processing or acceptance of offers based on this.
§ 8
Image and trademark rights
All illustrations, photos, logos, texts, etc. are protected by trademark and copyright law. The trademarks and copyrights are held by DAPO. Use without express written consent is prohibited.
§ 9
Data protection
(1) We use the personal data provided by you (title, name, address, date of birth, e-mail address, telephone number, fax number, bank details, credit card number) in accordance with the provisions of German data protection law.
(2) Your personal data, insofar as they are necessary for the establishment, content design or modification of the contractual relationship (inventory data), will be used exclusively for the processing of the purchase contracts concluded between us, for example for the delivery of items to the address you have provided. Any further use of your inventory data for the purposes of advertising, market research or for the needs-based design of our offers requires your express consent. You have the option of giving this consent before declaring your order. This declaration of consent is completely voluntary and can be found on our website. website and can be revoked by you at any time.
(3) Your personal data, which is necessary to enable the use of our offers and to bill you (usage data), will initially also be used exclusively for the processing of the purchase contracts concluded between us. Such usage data are, in particular, the characteristics for identifying you as a user, information about the beginning and end as well as the scope of the respective use and information about the teleservices used by you as a user. We will also use such usage data for the purposes of advertising, market research or for the needs-based design of our teleservices for the creation of usage profiles using pseudonyms. You have the right and opportunity to object to this use of your usage data.
(4) If you would like further information or if you want to retrieve or revoke the consent you have expressly given to the use of your inventory data, or if you want to object to the use of your usage data, our support is also available to you at the e-mail address info@dapo-leuchten.de.
§ 10
Dispute Resolution for Consumers
We strive to reach an agreement with the customer at all times. Use our service contact at info@dapo-leuchten.de or our other contact options. The European Commission is planning a platform for online dispute resolution (ODR) with further information. This can be reached on the Internet under the link http://ec.europa.eu/consumers/odr/. However, we do not participate in a formal dispute resolution procedure before consumer arbitration bodies.
§ 11
Final Provisions(1) Amendments or additions
to these Terms and Conditions must be made in writing. This also applies to the abolition of this written form requirement.
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect mandatory provisions of the country in which you have your habitual residence. The language of the contract is German.
(3) If you are a merchant, a legal entity under public law or a special fund under public law and neither a non-pecuniary claim that is assigned to the local courts without regard to the value of the subject matter of the dispute nor an exclusive place of jurisdiction is affected, the place of jurisdiction for all disputes is Heidelberg or, at our discretion, a general or a special place of jurisdiction of yours.
If you do not have a general place of jurisdiction in Germany or if you move your place of residence abroad after the conclusion of the contract or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes is Heidelberg.
(4) Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract. The invalid provision shall be replaced by mutual agreement of the contracting parties by such a provision which is contrary to the economic meaning and purpose of theeffective provision in a legally effective manner. The above provision applies mutatis mutandis in the event of loopholes.
Status: October 2014
Appendix
Consumer Information for Distance Contracts for the
Purchase of Goods
If you order goods during your visit to our homepage that cannot be attributed to your commercial or self-employed professional activity, we would like to point out the following:
(1) The language available for the conclusion of the contract is exclusively German.
(2) The essential characteristics of the goods offered by us as well as the period of validity of fixed-term offers can be found in the individual product descriptions on our website.
(3) The presentation of our goods does not constitute a binding offer on our part. Only the order of a product by you is a binding offer according to § 145 BGB. In case of acceptance of this offer, we will send you an order confirmation by e-mail. This concludes the purchase contract between you and us.
(4) You can detect any input errors when submitting your order during the final confirmation before the checkout and correct them at any time with the help of the delete and change function before sending the order.
(5) If the goods you ordered are not available, we reserve the right not to provide the service.
(6) The prices quoted by us are final prices including taxes and shipping within the Federal Republic of Germany.
(7) The purchase price is due immediately upon order. Payment for the goods is made by credit card (we use the "SSL" transmission method to encrypt your personal data), by bank transfer or by cheque. Our bank details are: Commerzbank AG Mannheim, BIC-Swift: DRES DE FF 670, IBAN: DE94 6708 0050 0668 1256 00
(8) You have a right of withdrawal:
Right
of withdrawal You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (DAPO Leuchten Ambiente GmbH, Industriestr. 1, 76669 Bad Schönborn, email: info@dapo-leuchten.de) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this, but it is not mandatory.
In order 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.
If you withdraw from this contract, we will refund to you all payments we have received from you.excluding the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a method of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen day period.
You will bear the direct costs of returning the goods.
They only have to pay for any loss in value of the goods if this loss of value is due to handling of them that is not necessary to check the nature, characteristics and functioning of the goods.
- End of the cancellation policy -
(9) The data required for the execution of the contract between you and us will be stored by us and will be accessible to you at any time. In this respect, we refer to the data protection regulation in our Terms and Conditions.
(10) We are not subject to any special codes of conduct not mentioned above.
(11) In addition, we refer to our General Terms and Conditions.
1, 76669 Bad Schönborn, HRB 232184 AG Mannheim, represented by the managing directors Eugen Riehl and Patricia Lee-Riehl, VAT identification number: DE181392094