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GTCs for the online store, dated 10/10/2016

The following General Terms and Conditions regulate business relationships between Leysieffer GmbH & Co. KG (hereinafter referred to as Seller) and consumers (hereinafter referred to as Buyer). The sales and delivery conditions outlined below apply to contracts concluded between the Seller and the Buyer. They are formulated in such a way as to ensure that both parties can conduct their business dealings in a smooth and trustworthy manner. By placing an order, the Buyer acknowledges these conditions.

1. Scope of application

The following GTCs apply to orders placed via our online store by consumers and entrepreneurs. A 'consumer' is any natural person who concludes a legal transaction which cannot be attributed primarily to either their commercial or independent professional activities. An ‘entrepreneur’ is a natural person or a legal entity or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their trade or freelance profession. For entrepreneurs, these GTCs also apply to all future business relationships, without any requirement on our part to repeat reference to them. Should the entrepreneur use conflicting or supplementary general business terms, we hereby object to their validity; they shall only constitute an integral part of the contract if we expressly consent to them.

2. Contracting party, conclusion of contract

The purchase contract is valid with Leysieffer GmbH & Co. KG. The description of the products in our online store does not constitute a legally binding offer but represents a non-binding online catalog. You can place our products in the shopping cart, without any obligation to buy, and you can correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the order process. By clicking the ‘Order’ button, you are making a binding offer to purchase the products you have placed into the shopping cart. Receipt of your order is confirmed by email directly after having placed the order. When the contract with us comes into effect is determined by the payment method that you have chosen:

Cash on delivery

We accept your order by sending a statement of acceptance in a separate email or by delivering the goods within two days.

PayPal Plus
As part of the PayPal Plus payment service, we offer you a range of payment options as PayPal services. After submitting your order, you will be forwarded to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. The contract with us then comes into effect.

3. Contract language, contract text storage

The languages available for the conclusion of the contract are German and English. We store the contract text and send you the order details plus our GTCs in an email. You can also read and download the GTCs at any time on this site. You can view your past orders in our customer login area.

4. Delivery conditions

Shipping costs must be paid in addition to the specified product costs. More details about the exact shipping costs can be found by referring to the individual product offers. We only deliver goods via shipment. Unfortunately, you cannot collect the goods in-store. We do not deliver to packing stations.

5. Payment

The following payment types are generally accepted in our shop:

Cash on delivery
You pay the purchase price directly to the delivery agent. An additional 8.95 EUR must be paid as costs.

PayPal Plus
As part of the PayPal Plus payment service, we offer you a range of payment options as PayPal services. You will be forwarded to the website of the online provider PayPal. There you can enter your payment details and also confirm the use of your data by PayPal and the payment instruction to PayPal.
If you select PayPal as the payment type, to pay the invoice amount you must either be a registered user or you will need to register first and verify your identity using your access credentials. PayPal will automatically make the payment transaction immediately after the payment instruction has been confirmed. Further instructions will be provided to you during the order process.
If you select Credit Card as the payment type, you do not need to be registered with PayPal to pay the invoice amount. Your card issuer will make the payment transaction after PayPal requests that they do so. Your card will be debited immediately after the payment instruction has been confirmed and after you have been verified as the legal card holder. Further instructions will be provided to you during the order process.
If you select Invoice as the payment type, you do not need to be registered with PayPal to pay the invoice amount. Following successful verification of your address and creditworthiness, and following placement of your order, we will transfer our claims to PayPal. In this case, payments to PayPal can only be made with the effect of discharging the debt. In addition to our GTCs, those of PayPal including their data privacy statement apply to payments processed via PayPal. To find out more and to read the complete PayPal GTCs for ‘purchase on account’ transactions, please go to: https://www.paypal.com/en/webapps/mpp/ua/pui-terms?locale.x=en_US.

6. Retention of title

We retain title of ownership to the delivered goods until the purchase price has been paid in full. Additionally, the following applies to entrepreneurs: we retain title of ownership to the goods until all claims resulting from an ongoing business relationship have been settled in full. You are entitled to resell the reserved goods in the ordinary course of business; all claims resulting from this resale are assigned by you to us – regardless of a combination or mixing of these goods with other items – in advance in the amount of the invoice total and we accept this assignment. You will remain entitled to collect these receivables but we may collect the receivables ourselves if you do not meet your payment obligations.

7. Transportation damage

The following applies to consumers:
If goods are delivered with apparent transportation damage, please make a complaint about such defects to the deliverer immediately and contact us without delay. Failure to make a complaint or to contact us will have no consequences for your legal claims or their enforcement, particularly your warranty claims. However, you will be helping us to assert our own claims against the carrier and/or transport insurance policy.

The following applies to entrepreneurs:
The risk of accidental loss and/or accidental deterioration will pass to you as soon as the goods have been handed over to the agent, carrier, or other person or entity commissioned to deliver the consignment. For dealings between merchants, the obligation to investigate and to notify the seller is governed by Section 377 of the German Commercial Code (HGB). If you fail to inform us of the defects, the goods shall be deemed approved and accepted unless the defects could not be identified when inspected. This does not apply in the event that we fraudulently conceal a defect.

8. Warranty and guarantee

Unless expressly agreed otherwise below, you are entitled to statutory warranty rights. As regards consumers, the statutory limitation period for claims for defects in used items is one year from the date of delivery of the goods. As regards entrepreneurs, the statutory limitation period for claims for defects is one year from the date of risk transfer; the statutory limitation periods for recourse claims pursuant to section 478 of the German Civil Code (BGB) remain unaffected. For entrepreneurs, only our own particulars and the manufacturer’s product descriptions included in the contract are considered agreed upon as regards the quality and characteristics of the goods; we assume no liability for public statements made by the manufacturer or for other advertising messages. If the delivered product is deficient and the Buyer is an entrepreneur, we shall first furnish a warranty against defects at our discretion by either remedying the defect (repair) or delivering an item that is free of defects (replacement). The above restrictions and shorter time limits do not apply to claims arising from damage caused by us, our legal representatives, or vicarious agents

  • in case of loss of life, bodily injury or damage to the health of a person,
  • in case of willful or grossly negligent breach of duty and fraudulent intent, 
  • in case of breach of fundamental contractual duties of which the fulfillment is a prerequisite for enabling the proper performance of the contract and in which the customer may normally trust (cardinal obligations),
  • in the context of a guarantee bond, or
  • if the Product Liability Law applies. 
  • For information about any additional guarantees that may be in place and their detailed conditions, please read the text on the pages describing the products and on separate information pages of the online store.

Customer service: you can reach the Leysieffer Online Shop Team for questions, complaints, and objections, Monday to Thursday from 8:00 am to 4:00 pm and on Fridays from 8:00 am to 2:00 pm by calling +49 (0) 541 / 9142 - 200 or by sending an email to info@leysieffer.de.

9. Liability

With regard to claims arising from damage caused by us, our legal representatives, or vicarious agents, we assume unlimited liability

  • in case of loss of life, bodily injury or damage to the health of a person,
  • in case of willful or grossly negligent breach of duty,
  • in the context of a guarantee undertaking if agreed upon, or
  • if the Product Liability Law applies.

In case of the breach of fundamental contractual duties of which the fulfillment is a prerequisite for enabling the proper performance of the contract and in which the contractual partner may normally trust (cardinal obligations), due to slight negligence by us, our legal representatives, or vicarious agents, the liability amount is limited to damage foreseeable at the time the contract was concluded, the emergence of which has to be typically expected. Otherwise, all further claims for damages are excluded.

10. Dispute resolution

The European Commission provides a platform for online dispute resolution, which you can find here http://ec.europa.eu/consumers/odr/. Consumers can use this platform to resolve their disputes. To resolve disputes arising out of a contractual relationship with a consumer or to determine whether such a contractual relationship exists, we are obliged to participate in dispute settlement procedures in front of a consumer arbitration board. The General Consumer Arbitration Board of the Zentrum für Schlichtung e.V. is the responsible body: Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in dispute settlement procedures in front of this board.

11. Youth protection

If your order contains goods whose sale is subject to age restrictions, we endeavor to make sure that the ordering party is of the required minimum age by way of a reliable process of determining age, which includes a personal identity and age check. The delivering party hands over the goods only once the ordering party's age has been verified and only in person.

12. Closing provisions

If you are an entrepreneur, you are subject to the law of the Federal Republic of Germany, with the exclusion of UN purchasing law. If you are a business person as defined by the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all legal disputes arising from contractual relations between you and us is our place of business.