§ 1 Basic provisions
1) The following terms and conditions apply to contracts concluded via "https://www.lvus-shop.de". Unless otherwise agreed, any terms and conditions used by you are expressly excluded.
2) The range of goods in our online shop is aimed exclusively at customers who are to be regarded as entrepreneurs within the meaning of § 14 para. 1 BGB (German Civil Code), i.e. who are acting in the exercise of their commercial or independent professional activity when concluding the contract.
3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall also apply to all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of business of the customer which contradict our General Terms and Conditions of Business is hereby already objected to.
§ 2 Conclusion of the contract
1) The transmission of all information in connection with the conclusion of the contract shall be effected automatically by e-mail. The customer must therefore ensure that the e-mail address deposited with us can be reached.
2) By completing the customer's order in our online shop, the customer submits a binding offer to purchase. Insofar as we subsequently send an automated confirmation of receipt, this does not yet constitute acceptance of the customer's purchase offer. A purchase contract for the goods shall only be concluded if we expressly declare acceptance of the purchase offer or if we separate the goods without prior express declaration of acceptance and dispatch them to the customer.
3) All products intended for purchase are placed in the "shopping basket" by the customer. After entering the personal data and payment information, the customer has the opportunity to check all the information entered. In the case of the payment option via payment service providers such as PayPal, the customer is redirected from our online shop to the website of the provider. After entering all the required data, the customer is finally redirected back to our shop.
§ 3 Retention of title
1) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
§ 4 Provisions on liability
1) Unlimited liability: We shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.
2) If essential contractual obligations are not fulfilled, the liability of the online shop in the case of slight negligence shall be limited to the foreseeable damage typical for the contract.
3) In the event of a breach of non-essential obligations arising from the contract, liability is excluded in the case of slightly negligent breaches of obligations.
4) There is no liability for the constant availability of this website and the goods offered on it.
§ 5 Warranty
1) Unless expressly agreed otherwise, the customer's warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB) with the modifications specified in the following paragraphs.
2) Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. Samples, material properties and structure of the products may deviate from the information in the online shop. Our information on the object of the delivery or service, including the illustrations, are only approximate descriptions, unless an exact match is required for the contractual purpose.
3) You are obliged to examine the goods with due care for deviations in quality and quantity and to notify us of any obvious defects immediately upon receipt of the goods. This also applies to hidden defects discovered later from the time of discovery. In the event of a breach of the duty to inspect and give notice of defects, the assertion of warranty claims shall be excluded.
4) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or replacement delivery (subsequent performance). In the event of subsequent improvement, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
5) If the supplementary performance fails twice, the customer may, at his discretion, demand a reduction in price or withdraw from the contract.
6) The warranty period is one year from delivery of the goods. This restriction shall not apply to claims based on damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages which are based on an intentional or grossly negligent breach of duty by us or our vicarious agents.
§ 6 Contract language, storage of contract text
1) The contract language is German.
2) We do not store the complete text of the contract. Customers can save this electronically via the browser's print function before sending the order.
§ 7 Prices and payment terms; characteristics of the goods
1) The prices stated in our online shop are net prices. The statutory value added tax applicable at the time shall be added to these prices.
2) Shipping costs are not included in the purchase price. They are explicitly marked or are shown separately in the course of the ordering process and are to be borne additionally by the customer, unless free delivery has been promised.
3) The available payment methods are shown on our website or in the respective item description, but at the latest in the final order process at the "checkout".
4) All payments are to be made within 30 days after invoicing.
5) If the customer does not meet his payment obligations on time or if it becomes apparent that his financial circumstances are no longer sufficient for any credit granted or deferment of payment, we shall be entitled to declare all outstanding claims due immediately or to demand the provision of security.
6) If the customer defaults on a payment, he shall be entitled to payment of a lump sum in the amount of five, in case of repetition up to ten euros. We reserve the right to claim further damages.
7) The essential characteristics of the goods and/or services can be found in the item description and the supplementary information on our website.
§ 8 Terms of delivery
1) Unless otherwise agreed, the goods will be delivered at your request from our warehouse to the address specified by you.
2) The risk shall pass to the customer when the goods are handed over to the forwarding agent, carrier or other third party appointed to carry out the shipment. The handover begins at the same time as the loading process. Any delay in acceptance on the part of the customer shall result in the transfer of risk.
3) We shall be released from our performance insofar as we ourselves were not supplied on time by our suppliers within the scope of a congruent covering transaction, unless we ourselves are responsible for the non-delivery. The customer shall be informed immediately of the lack of delivery and the consideration shall be refunded without delay.
4) We are entitled to make partial deliveries, insofar as this is reasonable for the customer, taking into account the interests of both parties. Additional shipping costs shall be borne by us. The risk shall pass to the customer upon handover of the respective partial delivery. If we are in default with outstanding partial deliveries or if it is not possible for us to deliver outstanding partial deliveries, the customer shall be entitled to withdraw from the contract as a whole or to claim damages for non-performance of the entire obligation if he has no interest in the partial delivery.
§ 9 Offsetting/Right of Retention
1) The customer shall only have a right of set-off if his counterclaim has been legally established or is not disputed by us.
2) The customer may only assert a right of retention if his counterclaim is based on the same contractual relationship.
3) We may assert a right of retention with respect to all future orders of the customer, including acknowledged orders, if the customer fails to meet his payment obligations.
§ 10 Final provisions
1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
2) Contracts between you and us shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").