General terms and conditions with customer information
table of contents
- conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- retention of title
- Liability for defects (warranty)
- Applicable law
- place of jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of LENOX GmbH & Co. KG (hereinafter referred to as “Seller”) shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC 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.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller’s online order form, the text of the contract is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after sending the customer’s order. The seller shall not make the contract text accessible beyond this.
2.5 Prior to binding submission of the order via the Seller’s online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of the browser, with the help of which the display on the screen is enlarged. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and establishment of contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of revocation
3.1 In principle, consumers are entitled to a right of withdrawal.
3.2 Further information on the right of revocation can be found in the seller’s revocation instructions.
3.3 The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If the payment method “IMMEDIATELY” is selected, payment shall be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “IMMEDIATELY”). In order to be able to pay the invoice amount “IMMEDIATELY”, the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in “IMMEDIATELY”, legitimise himself accordingly during the payment process and confirm the payment order to “IMMEDIATELY”. The payment transaction is carried out immediately afterwards by “SOFORT” and the customer’s bank account is debited. The customer can call up more detailed information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the Seller’s order processing is decisive for the transaction.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him a reasonable notice of the service in advance. Furthermore, this does not apply with regard to the costs for the shipment if the customer exercises his right of revocation effectively. In the event that the customer exercises the right of revocation effectively, the provision of the seller’s revocation policy shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual warranty claims.
8) Applicable law
8.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
8.2 Furthermore, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
9) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer’s place of business.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.