General terms and conditions

1. scope
For all orders via our online store by consumers and entrepreneurs, the following GTC apply.

1.1 A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.2 The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

1.3 We reserve the property rights and copyrights to all documents provided to the purchaser in connection with the placing of the order, such as calculations, drawings, etc.. These documents may not be made accessible to third parties unless we give the purchaser our express written consent. If we do not accept the orderer's offer within a period of two weeks, these documents shall be returned to us without delay or, if no longer required by us, shall be destroyed by the orderer.

2. contracting party, conclusion of contract
The purchase contract is concluded with LeiKoSi GmbH. The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the ordering process. By clicking the order button you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
When the contract with us is concluded depends on the payment method you have chosen:

2.1 Invoice
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two weeks.

2.2 Prepayment
We will accept your order by sending a declaration of acceptance in a separate e-mail within two weeks, in which we will provide you with 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 text of the contract and send you the order data and our GTC in text form. The text of the contract is no longer accessible via the Internet for security reasons.

4. delivery conditions
In addition to the stated product prices, shipping costs are added, these are dependent on size and weight. You will learn more about the amount of shipping costs when you place your order.
You also have the possibility to pick up the goods at the following address after prior appointment by e-mail (info@leikosi.de) or phone (0631/41477716): LeiKoSi GmbH, Eselsfürther Bahnhof 1, 67657 Kaiserslautern, Germany.
We do not deliver to packing stations.

5. payment
In our store you can basically use the following payment methods:

5.1 Prepayment
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

5.2 Invoice
You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.

5.3 Payment of the purchase price shall be made exclusively to the named account.
Unless otherwise agreed, the purchase price is payable immediately and without deduction after delivery or receipt of the goods. Interest on arrears shall be charged at a rate of 5% above the respective prime rate p.a.. We reserve the right to claim higher damages for delay. In the event that we claim a higher damage caused by delay, the customer shall have the possibility to prove to us that the claimed damage caused by delay was not incurred at all or at least in a significantly lower amount.

6. delivery time
Unless an 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 shall be subject to the timely and proper fulfillment of the Purchaser's obligations. The defense of non-performance of the contract remains reserved.

6.2 The customer may request us in text form to deliver within a reasonable period of time 2 weeks after a non-binding delivery date/delivery deadline has been exceeded. If we culpably fail to meet an express delivery date/period or if we are in default for any other reason, the customer must grant us a reasonable grace period to effect performance. If we allow the period of grace to expire fruitlessly, 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 duties 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 its part, the Purchaser reserves the right to prove that no damage at all or at least substantially less damage has been incurred in the amount demanded. The risk of accidental loss or accidental deterioration of the object of sale shall pass to the Purchaser at the point in time at which the Purchaser is in default of acceptance or debtor's delay.

6.4 Further statutory claims and rights of the Purchaser due to a delay in delivery shall remain unaffected.

7. right of withdrawal
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

8. retention of title

8.1 The goods shall remain our property until payment has been made in full.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title 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 goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the receivables, but we may also collect receivables ourselves if you fail to meet your payment obligations.

8.2 As long as ownership has not yet passed to the Purchaser, the Purchaser shall be obliged to treat the purchased goods with care. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value. If maintenance and inspection work has to be carried out, the Purchaser shall carry this out in good time at its own expense. As long as ownership has not yet been transferred, the purchaser must inform us immediately in text form if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a lawsuit pursuant to § 771 ZPO (German Code of Civil Procedure), the customer shall be liable for the loss incurred by us.

8.3 The processing or transformation of the object of sale by the customer shall always be carried out 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 applies in the event of mixing. If the mixing takes place in such a way that the item of the customer is to be regarded as the main item, it shall be deemed agreed that the customer shall transfer co-ownership to us on a pro rata basis and shall keep the sole ownership or co-ownership thus created for us. To secure our claims against the purchaser, the purchaser also assigns to us such claims as accrue to him against a third party as a result of the combination of the reserved goods with real property; we accept this assignment already now.

8.4 We undertake to release the securities to which we are entitled at the request of the customer insofar as their value exceeds the claims to be secured by more than 20%.

9. transport damage

9.1 The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

9.2 For entrepreneurs, the following shall apply: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

10 Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

10.1 Insofar as the information contained in our stores, online catalogs, brochures, advertisements and other offer documents has not been expressly designated by us as binding, the illustrations or drawings contained therein are only approximately authoritative.

10.2 Insofar as the delivered item does not have the quality agreed between the purchaser and us or it is not suitable for the use stipulated in our contract or for the use in general or it does not have the properties which the purchaser could expect 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 included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements.

10.4 If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (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 at disproportionate cost and the other type of subsequent performance does not involve any significant disadvantages for the customer.

10.6 During the supplementary performance, the reduction of the purchase price or the withdrawal from the contract by the Purchaser shall be excluded. A subsequent improvement shall be deemed to have failed with the unsuccessful second attempt, unless something else arises in particular from the nature of the item or the defect or the other circumstances. If the supplementary performance has failed or if we have refused the supplementary performance altogether, the customer may, at his option, demand a reduction of the purchase price or declare his withdrawal from the contract.

10.7 The above limitations and reductions of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, insofar as agreed
- insofar as the scope of application of the Product Liability Act is opened.
Information on any additional warranties that may apply and their exact terms can be found with the product and on special information pages in the online store.

11. liability
Claims for damages under the following conditions due to the defect can only be asserted by the customer if the supplementary performance has failed or we have refused the supplementary performance. The right of the Purchaser to assert further claims for damages under the following conditions shall remain unaffected.
Otherwise, claims for damages are excluded.

11.1 Notwithstanding the foregoing provisions and the following limitations of liability, we shall be liable without limitation for damage to life, limb and health caused by a negligent or intentional breach of duty on the part of our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act, and for all damage caused by intentional or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or our vicarious agents. Insofar as we have given a quality and/or durability guarantee with regard to 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 to the goods, if the risk of such damage is obviously covered by the guarantee of quality and durability.

11.2 We shall also be liable for damages caused by simple negligence, insofar as such negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable. We shall not be liable for simple negligent breaches of secondary obligations that are not essential to the contract.

11.3 The above limitations of liability shall also apply insofar as the liability for the legal representatives, executive employees 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 For consumers, the warranty period shall be 2 years, calculated from the transfer of risk. In the case of the purchase of used goods by consumers, the following applies: if the defect occurs after the expiration of one year from the delivery of the goods, the claims for defects are excluded. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.

11.6 For entrepreneurs, the limitation period for claims for defects in newly manufactured goods shall be one year from the transfer of risk. The sale of used goods is made under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

11.7 The above time limits shall also apply to claims for compensation for consequential harm caused by a defect, unless claims are asserted in tort.

12. set-off and rights of retention
The Purchaser shall only be entitled to set-off if his claims have been legally established or are undisputed. The Purchaser shall also be entitled to set-off against our claims if it asserts notices of defects or counterclaims arising from the same purchase contract. The Purchaser shall only be entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.

13. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.

14. final provisions

14.1 This Agreement and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding 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.