General terms and conditions
1. Scope of application
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
1.1 A consumer is any natural person who concludes a legal transaction for purposes, which can predominantly be attributed neither to his commercial nor to his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.2 The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to this.
1.3 We reserve the right of ownership and copyright to all documents, such as calculations, drawings, etc., provided to the customer in connection with the placing of the order. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the customer’s offer within a period of two weeks, these documents must be returned to us immediately or, if no longer required by us, destroyed by the customer.
2. Contracting party, conclusion of contract
The sales contract is concluded with LeiKoSi GmbH. The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of your order takes place by e-mail immediately after sending the order.
When the contract is concluded with us, depends on the method of payment chosen by you:
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two weeks.
We accept your order by sending you a declaration of acceptance in a separate e-mail within two weeks, in which we give you our bank details.
3. Contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. Terms of delivery
In addition to the indicated product prices, there are shipping costs, which depend on size and weight. You can find out more about the shipping costs when you place your order.
You also have the possibility to pick up the goods at the following address: LeiKoSi GmbH, Eselsfürther Bahnhof 1, 67657 Kaiserslautern, Germany, after prior appointment by e-mail (firstname.lastname@example.org) or telephone (0631/41477716).
We do not deliver to packing stations.
The following payment methods are available to you in our shop:
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.
5.3 Payment of the purchase price must be made exclusively to the named bank account.
Unless otherwise agreed, the purchase price shall be paid immediately and without deduction upon delivery or receipt of the goods. Interest on arrears shall be charged at a rate of 5% p.a. above the respective base interest rate. The assertion of a higher damage caused by delay remains reserved. In the event that we assert a higher damage caused by delay, the customer shall have the opportunity to prove to us that the asserted damage caused by delay has not been incurred at all or has been incurred in at least a significantly lower amount.
6. Delivery time
Insofar as no expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information.
6.1 The commencement of the delivery period stated by us presupposes the timely and proper fulfilment of the customer’s obligations. We reserve the right to plead non-performance of the contract.
6.2 Two weeks after a non-binding delivery date/period has been exceeded the customer may request us in text form, to deliver within a reasonable period of time. Should we culpably fail to comply with a binding delivery date/period or should we be in default for any other reason, the customer must grant us a reasonable grace period to effect performance. If we allow the grace period to expire unsuccessful, the customer shall be entitled to withdraw from the purchase contract.
6.3 If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. For his part, the purchaser reserves the right to prove that no damage at all or at least considerably less damage has been incurred in the amount demanded. The risk of accidental loss or accidental deterioration of the object of purchase shall pass to the customer at the point in time at which the latter is in default of acceptance or debtor’s delay.
6.4 Further legal claims and rights of the customer due to a delay in delivery remain unaffected.
7. Right of revocation
Consumers are entitled to the statutory right of revocation as described in the revocation instructions. Entrepreneurs are not granted a voluntary right of revocation.
8. Retention of title
8.1 The goods shall remain our property until payment has been made in full.
In addition, the following applies to entrepreneurs: We reserve the right of ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8.2 The customer is obliged to treat the object of sale with care as long as the ownership has not yet been transferred to him. In particular, he is obliged to insure them sufficiently at his own expense against theft, fire and water damage at replacement value. If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as the ownership has not yet been transferred, the customer must inform us immediately in text form if the delivered item is seized or subjected to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.
8.3 The processing and treatment or transformation of the object of sale by the customer shall always take place in our name and on our behalf. In this case, the customer’s expectant right to the object of sale shall continue in the transformed object. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the objective value of our object of sale to the other processed objects at the time of processing. The same shall apply in the event of mixing. If the mixing is carried out in such a way that the customer’s item is to be regarded as the main item, it shall be deemed agreed that the customer transfers co-ownership to us on a pro rata basis and stores the resulting sole ownership or co-ownership for us. In order to secure our claims against the customer, the customer also assigns to us such claims which accrue to him against a third party through the combination of the reserved goods with a piece of land; we hereby accept this assignment.
8.4 We undertake to release the securities to which we are entitled at the customer’s request insofar as their value exceeds the claims to be secured by more than 20%.
9. Transport damage
9.1 For consumers, the following applies: If goods with obvious transport damage are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. The failure of a complaint or contact has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
9.2 The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you omit the notification regulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This shall not apply if we have fraudulently concealed a defect.
10. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects (Mängelhaftungsrecht) shall apply.
10.1 Insofar as the information contained in our shops, online catalogues, brochures, advertisements and other offer documents, has not been expressly designated by us as binding, the illustrations or drawings contained therein are only approximate.
10.2 If, the delivered item does not have the quality agreed between the customer and us, or if it is not suitable for the use stipulated in our contract or for general use, or if it does not have the characteristics that the customer could have expected according to our public statements, we shall be obliged to subsequent performance. This shall not apply if we are entitled to refuse subsequent performance on the basis of statutory regulations.
10.3 With respect to entrepreneurs, only our own information and the manufacturer’s product descriptions, which were included in the contract, shall be deemed to constitute an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
10.4 If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery).
10.5 Consumers shall initially have the choice of whether subsequent performance is to be effected by repair or replacement delivery. However, we shall be entitled to refuse the type of subsequent performance chosen by the customer if it is only possible with disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the customer.
10.6 During subsequent performance, the reduction of the purchase price or withdrawal from the contract by the customer shall be excluded. A subsequent improvement shall be deemed to have failed with the second unsuccessful attempt, unless something else results in particular from the nature of the item or the defect or the other circumstances. If subsequent performance has failed or if we have refused subsequent performance in its entirety, the customer may, at its option, demand a reduction in the purchase price or declare its withdrawal from the contract.
10.7 The aforementioned restrictions and shortening of deadlines shall not apply to claims based on damage caused by our legal representatives, vicarious agents or us;
• in the event of injury to life, limb or health
• in case of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed
• to the extent that the scope of application of the Product Liability Act (Produkthaftungsgesetzes) has been opened.
Information on any applicable additional guarantees and their exact conditions are given with the product and on special information pages in the online shop.
The customer may only assert claims for damages due to the defect under the following conditions if subsequent performance has failed or if we have refused subsequent performance. The customer’s right to assert further claims for damages under the following conditions shall remain unaffected.
Otherwise, claims for damages are excluded.
11.1 Notwithstanding the above provisions and the following limitations of liability, we shall be liable without limitation for damages to life, limb and health resulting from a negligent or intentional breach of duty by our legal representatives or vicarious agents, as well as for damages covered by liability under the Product Liability Act (Produkthaftungsgesetz) and for all damages resulting from intentional or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or vicarious agents. Insofar as we have given a quality and/or durability guarantee for the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage based on the absence of the guaranteed quality or durability, but which does not occur directly on the goods, if the risk of such damage is clearly covered by the quality and durability guarantee.
11.2 We shall also be liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, the observance of which is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we shall only be liable if the damages are typically associated with the contract and foreseeable. We shall not be liable for simple negligent breaches of collateral obligations that are not essential to the contract.
11.3 The above limitations of liability shall also apply insofar as liability for legal representatives, executives and other vicarious agents is concerned.
11.4 Any further liability is excluded regardless of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
11.5 The warranty period for consumers is two years, calculated from the transfer of risk. If used goods are purchased by consumers, the following shall apply: if the defect occurs after one year from delivery of the goods, claims for defects shall be excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
11.6 For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the transfer of risk. Used goods shall be sold under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
11.7 The above periods shall also apply to claims for compensation for consequential harm caused by a defect, insofar as no claims are asserted in tort.
12. Set-Off and rights of retention
The customer shall only be entitled to set-off if his claims have been legally established or are undisputed. The customer shall also be entitled to set-off against our claims if he makes a notice of defects or asserts counterclaims from the same purchase contract. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
13. Settlement of disputes
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or prepared to participate in a dispute settlement procedure before a consumer arbitration body.
14. Final provisions
14.1 This contract and all legal relations between the parties shall be governed by the laws of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
14.2 The exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.