§ 1 Miscellaneous – Validity

1. These terms and conditions of business apply to any and all present and future business relationships.

2. Consumers within the meaning of these terms and conditions are natural persons who are not self-employed or involved in commercial activities with whom we enter into a business relationship. Entrepreneurs within the meaning of these terms and conditions are natural persons or legal persons or entities who are selfemployed or who are involved in commercial activities with whom we enter into business relationships. Customers within the scope of these terms and conditions are consumers and entrepreneurs alike.

3. Deviating, contradictory or additional general terms and conditions, even when known, do not become part of any contract unless we agree to their validity expressly in writing.


§ 2 Sales contract

1. Placement of a purchase order is the binding intent of a customer to purchase the merchandise ordered. The placement of a purchase order constitutes a sales contract unless we refuse the order within 24 hours of placement.
We are entitled to transfer sales contracts to third parties with which we have respective agreements for processing of same. In this case invoicing for the respective contract is done on account of and through the third party commissioned by us.

2. Should the consumer order merchandise by electronic means we shall acknowledge receipt of the order immediately. The acknowledgement of receipt of order does not constitute a binding acceptance of the order. Acknowledgement of receipt of order and order confirmation can be combined.
The purchase order is saved by us and will be mailed to the customer together with these general terms and conditions of business upon request.


§ 3 Cancellation and return policy

1. The consumer has the right to return goods within 2 weeks of receipt of same. The right to return can only be practised by return shipment of goods or – if merchandise cannot be sent back as parcel – by demand to take back merchandise. Return shipment must be effected within two-week period specified above.

2. When making use of the right to return consumers become liable for shipping charges incurred if the amount of the order is below Euro 40,00, unless merchandise received does not correspond with merchandise ordered. If the order exceeds Euro 40,00 the consumer does not bear shipping charges for return merchandise.

3. The consumer has to bear a depreciation factor in case of loss of value in the course of regular use. The consumer can try on and check merchandise carefully. The loss of value incurred due to use of the article exceeding the regular check of the merchandise upon arrival which entails that the merchandise cannot be sold as “new” any more, will be born by the consumer.


§ 4 Terms of payment

1. The prices offered are binding. Applicable V.A.T. is included in selling price. Offers to entrepreneurs are excluding V.A.T. Retail consumers are charged a flat shipping rate of Euro 3,95 per small packet and Euro 4,95 per parcel. In case of shipment to a registered entrepreneur in Germany and a shipment value of less than Euro 250,00 we charge current postage fees published on our homepage at www.Lservice.com. The consumer can pay C.O.D. or against invoice. Registered entrepreneurs pay against invoice. Order placement by means of telecommunication facilities incurs no further cost.

2. The consumer must pay upon receipt of invoice.Registered entrepreneurs must pay within 60 days of receipt of merchandise. After 60 days their accounts become overdue. We reserve the right to charge interest on all overdue consumer accounts at 5 % above the current base rate. Registered entrepreneurs are charged interest on all overdue accounts at 8 % above the current base rate. We reserve the right to impose higher overdue charges towards entrepreneurs.

3. The customer has a right to compensation only if their demands have been acknowledged by arbitration or if we have accepted them. The customer can execute his right to retain only if his demand is based on the same contract.

4. Entrepreneurs that are registered wholesalers are granted the following cash discounts:
Registered direct debit customers: 4%
Payment within 10 days 3%
Payment within 20 days 2%
Payment within 60 days without discount.

In case of partial shipments this scheme is applicable to respective partial invoice amounts.
In case of shipments to entrepreneurs abroad our prices are free German border or free German port including packaging as long as the amount of shipment exceeds Euro 250,00. Payment to be made in advance or by L/C. Cash discounts or other financial advantages are not applicable unless explicitly agreed upon in writing.

5. In case of payment by bank transfer the following banks can be used for remittances:

Name of Bank Account Number Bank Branch Number
Volksbank Bonn Rhein-Sieg eG 560 956 00 12 380 601 86
Sparkasse Neuwied 27 000 702 574 501 20
Commerzbank Bad Honnef 2 700 698 380 400 07
Deutsche Bank Bad Honnef 2 270 122 380 700 59
Postbank Köln 525 946-507 370 100 50

6. Drafts and checks can only be accepted subject applicable interest charges and banking fees. Drafts and checks do not qualify as cash payments and are accepted in lieu of cash payment only.


§ 5 Terms of delivery and passing of risk

1. If the purchaser is an entrepreneur, the risk of loss or damage passes to the purchaser at the time of transfer of merchandise from us to the entrepreneur or in case of shipment to the freight forwarder or forwarding agent previously agreed upon.

2. If the purchaser is a consumer the risk of loss or damage passes to the purchaser at the time of receipt of goods

3. Passing of risk is not subject to undue acceptance of merchandise by customer.

4. In case of a contract with an entrepreneur the delivery time is extended if unforeseen disruptions beyond our control should arise, e.g. acts of god, force majeure, disruptions within our business operations, strike, delay in the delivery of raw materials by our suppliers as long as these raw materials represent an essential part of the merchandise to be delivered. This is also true in case of disruptions within the operations of our suppliers. The delivery time is extended in accordance with the period of the disruptions.


§ 6 Retention of title

1. case of contracts with consumers we retain title of the merchandise until payment in full has been received. In case of contracts with entrepreneurs we retain title of the merchandise until any and all demands within a current business relationship have been satisfied.

2. The customer is obliged to handle the merchandise with care. Should maintenance or service work be required, the customer has to carry this out regularly and at his own expense.

3. The customer is obliged to notify us immediately of third party access to the merchandise e.g. in case of pawning or in case of damages to or destruction of the merchandise. The customer must notify us immediately of a move or change of address or when possession of merchandise has passed to a third party.

4. We are entitled, in case of breach of contract by the customer, especially in case of overdue payment or breach of number 2 and 3 of this paragraph, to withdraw from the contract and demand return of merchandise.

5. Handling and processing of our merchandise by the entrepreneur is always executed in our name and as per our order. In case of processing with objects that do not belong to us, we acquire partial possession of the new object whereas the value of the merchandise delivered by us is allocated relative to the value of the other objects processed. The same principle applies when the merchandise is mixed with other objects that do not belong to us.

6. Handling and processing of our merchandise by the entrepreneur is always executed in our name and as per our order. In case of processing with objects that do not belong to us, we acquire partial possession of the new object whereas the value of the merchandise delivered by us is allocated relative to the value of the other objects processed. The same principle applir when the erchandise is mixed with other objects that do not belong to us.


§ 7 Warranty

1. When dealing with entrepreneurs we reserve the right to repair defective merchandise or supply replacement.

2. In case of a claim due to defect a consumer is entitled to chose whether he wants fulfilment of the order by having the defective merchandise repaired or replaced.
However, we reserve the right to refuse the kind of fulfilment chosen in case it is possible only at extraordinary expense and the alternative kind of fulfilment bears no disadvantage for the consumer.

3. If fulfilment of the order fails the customer can always chose to claim a discount on the purchase price or cancellation of contract. In case of minimal breach of contract especially in case of minimal defects the customer has no right to cancel.

4. Entrepreneurs must notify us in writing of obvious defects within a period of 2 weeks upon receipt of shipment; otherwise warranty demands no longer apply. Postage stamp of written notification within the two-week period stated above serves to prove due course. The entrepreneur carries the burden of evidence for any and all warranty claims especially for the defect itself, the time of detection of the defect and for due application for warranty claim within the warranty period.

Consumers must inform us in writing within a period of two months upon receipt of the merchandise about any obvious defect of the merchandise. Acceptance of such notification is subject to receipt of notification in our offices within the time specified above. Should the consumer not notify us in writing within the two-month period after detection of the defect his right to claim compensation under warranty is forfeited. This does not apply in case of malice by seller. The consumer has to prove the time of detection of defect.
Should the consumer have been persuaded to purchase the merchandise under wrongful pretence he has to prove such allegation. In case of used merchandise the consumer bears the burden to prove default on our part.
5. Should a customer chose to withdraw from the contract after fulfilment of contract failed, he is not entitled to further compensation. Should a customer chose compensation after fulfilment of contract failed he will retain merchandise, if this can reasonably be expected. Compensation is restricted to the discrepancy between purchase price and value of the defective merchandise. This does not apply in case we cause this breach of contract maliciously.

6. The warranty for entrepreneurs is one year from the date of delivery of the merchandise. For consumers the warranty is two years from delivery of goods. In case of used objects the statute of limitations expires after one year from the date of delivery of merchandise. This does not apply if the customer did not notified us of the defect in time (see number 4 of this paragraph).

7. It is agreed that in case the purchaser is an entrepreneur the properties of the product are as specified by the manufacturer. Additional public statements, marketing or advertising statements by the manufacturer do not qualify as contractual description of properties of the merchandise.


§ 8 Limited liability

1. In case of slight negligence within the execution of our obligations our liability is limited to foreseeable, typical and direct average damages in relation to the intended use of our merchandise. This also applies to slight negligence on the part of our legal representatives, staff or contractors.
When dealing with entrepreneurs we do not accept liability for slight negligence in case on non-essential contractual obligations.

2. The aforementioned limited liabilities do not apply towards claims of our customers with respect to product liability. They also do not apply in case of bodily harm or loss of life of a customer.

3. The statute of limitations for claims for compensation on the part of our customer due to defects expires after one year after delivery of merchandise. This does not apply in case we can be accused of malice.


§ 9 Final regulations

1. German law is applicable. The regulations of UN purchase and sale law do not apply.

2. Our head office is exclusive venue for all legal proceedings within this contract in case the customer is a qualified merchant, legal person or legal entity within the stipulations of German law. The same applies in case the customer has no legal venue in Germany is domiciled abroad or his regular place of residence at the time of legal proceedings is not known.

3. If one of the terms of contract should be invalid or become invalid, the validity of the remaining regulations of the contract are not concerned. Instead of the invalid term of contract a valid regulation which comes economically close to the invalid one shall be accepted in its place.

4. The general terms and conditions of business and any other texts and offers published by L + L Lieferservice & Logistik GmbH need to be available in German only. If there are translations, the German text is always valid in case of doubt.