Terms of service
1 General, clientele, language
(1) All offers, purchase agreements, deliveries and services based on orders placed by customers via websites of Tiefenbacher Lehmann (hereinafter the "Webshop") shall be subject to these General Terms and Conditions. In addition, offers, purchase agreements, deliveries and services in connection with end customers which are made by e-mail shall also be subject to these General Terms and Conditions.
(2) The product range in the web shop is aimed equally at consumers and entrepreneurs, but only at end buyers. Trade and bulk buyers are welcome to send enquiries regarding the product range by e-mail to Tiefenbacher Lehmann (email@example.com).
(3) For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who enters into the contract for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 of the German Civil Code - BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of his commercial or independent professional activity (§ 14 para. 1 BGB).
(4) The customer's terms and conditions shall not apply. They shall only become part of the contract if expressly agreed.
(5) The goods will be dispatched after payment of the full amount by one of the offered payment methods within the delivery time stated on the respective product page.
(6) Should the delivery of the goods ordered by the customer not be possible in exceptional cases, Tiefenbacher Lehmann will refrain from a declaration of acceptance. In this case, no contract shall be concluded. The customer shall be informed of this without delay.
(7) If, in individual cases, the customer does not place an order via the web shop but by e-mail, his order by e-mail shall be deemed to be a binding offer to conclude a purchase contract with regard to the requested goods. In this case, the customer is also bound to the offer for a period of two (2) weeks after placing the order. The provisions stated in paragraphs (3) - (6) shall apply accordingly.
3. right of revocation
(1) If the customer is a consumer within the meaning of clause 1, he shall be entitled to a right of revocation in accordance with the statutory provisions as described in the instructions on revocation.
(2) If the client only returns individual goods, this is a so-called partial revocation. Tiefenbacher Lehmann offers customers this partial revocation as a voluntary service. A refund of shipping costs, even on a pro rata basis, shall not be made in this case.
The customer shall also continue to bear the costs of the return shipment.
4. prices, shipping costs and terms of payment
(1) The prices stated in the webshop at the time of the order shall apply.
(2) The prices include the statutory value added tax.
Shipping costs and any customs duties and similar charges are not included. These are calculated in the shopping basket and can also be viewed by customers by clicking on "plus shipping costs". In any case, shipping costs as well as any applicable customs duties and similar charges are to be borne by the customer.
(3) In our webshop, the payment methods credit/debit card and PayPal are available.
(4) The customer has no right of set-off or retention unless the counterclaim is undisputed or has been legally established.
5 Shipment of the goods
(1) Tiefenbacher Lehmann shall be entitled to make partial deliveries of separately usable products included in an order, whereby Tiefenbacher Lehmann shall bear the additional shipping costs caused thereby irrespective of the other cost regulation.
6. dispatch, insurance and transfer of risk
(1) Unless expressly agreed otherwise, Tiefenbacher Lehmann shall determine the appropriate mode of dispatch and the transport company at its reasonable discretion.
(2) Tiefenbacher Lehmann shall only owe the timely, proper delivery of the goods to the transport company and shall not be responsible for any delays caused by the transport company. A delivery date stated in the webshop
(3) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.
7. retention of title
(1) Tiefenbacher Lehmann shall retain title to the goods delivered by it until full payment of the purchase price for the goods in question.
(2) 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.The customer shall not be entitled to resell the delivered goods subject to retention of title without the prior written consent of Tiefenbacher Lehmann. In the event of a possible resale, the customer shall already now assign to Tiefenbacher Lehmann the claims from the resale up to the amount of the purchase price to be paid to Tiefenbacher Lehmann plus a mark-up of 20%. Tiefenbacher Lehmann hereby authorises the customer to collect the claims thus assigned in the ordinary course of business, whereby Tiefenbacher Lehmann may revoke this authorisation at any time in the event of default in payment on the part of the customer.
(1) The warranty is governed by the applicable statutory regulations, in particular the German Civil Code (BGB).
(2) If the delivered goods have a material defect, the customer may first demand that Tiefenbacher Lehmann rectifies the defect or delivers defect-free goods.
(3) In the event that the subsequent performance pursuant to Section 8 para. 1 fails or is unreasonable for the customer or Tiefenbacher Lehmann refuses the subsequent performance, the customer shall be entitled in each case in accordance with the applicable law to withdraw from the purchase contract, to reduce the purchase price or to demand damages or reimbursement of its futile expenses. In addition, the special provisions of Clause 9 of these General Terms and Conditions shall apply to the Customer's claims for damages.
(4) If the customer is a registered trader within the meaning of the German Commercial Code (HGB), the provisions of the HGB shall apply in addition.
Tiefenbacher Lehmann may, in the event of the assertion of a material defect by the entrepreneur, choose between the rectification of the defect or the delivery of a defect-free item. The choice can only be made by notification in text form (also by e-mail) to the customer within three (3) working days after notification of the defect.Tiefenbacher Lehmann may refuse the type of subsequent performance chosen by the buyer if this is only possible with disproportionate costs.
In relation 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 of the manufacturer or other advertising statements.The fully qualified merchant must carefully inspect the goods immediately after they have been sent. The delivered goods shall be deemed to have been approved by the entrepreneur if a defect is not reported to Tiefenbacher Lehmann (i) in the case of obvious defects within five (5) working days after delivery or otherwise (ii) within five (5) working days after discovery of the defect in accordance with § 377 HGB.
(5) The warranty period is two (2) years from delivery if the customer is a consumer, otherwise twelve (12) months from delivery.
(1) Tiefenbacher Lehmann shall be liable without limitation for intent and gross negligence in accordance with the statutory provisions.
(2) In other cases, Tiefenbacher Lehmann shall only be liable - insofar as not otherwise regulated in para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely (so-called cardinal obligation), and this shall be limited to the compensation of the foreseeable and typical damage. In all other cases, liability is excluded subject to the provision in para. 3.
(3) Liability in the event of fraudulent concealment of defects or in the event of the assumption of a quality guarantee as well as liability for claims based on the Product Liability Act and for damages arising from injury to life, body or health shall remain unaffected by this. This does not imply a change in the burden of proof to the detriment of the customer.(4) If the customer is an entrepreneur, claims for damages by the customer for which liability is limited in accordance with clause 2, with the exception of claims arising from tort, shall become statute-barred in one (1) year calculated from the statutory commencement of the limitation period.
(5) Insofar as the liability of Tiefenbacher Lehmann is excluded or limited, this shall also apply to the personal liability of employees, workers, staff, representatives and vicarious agents.
10. Applicable law and place of jurisdiction
(1) The purchase contract existing between Tiefenbacher Lehmann and the customer shall be governed by the law of the Federal Republic of Germany, subject to mandatory international private law provisions, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer has placed the order as a consumer and has his habitual residence in another country at the time of his order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in paragraph 1.
(3) If the customer is a merchant as defined by § 1 para. 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the Local Court of Reinbek or the Regional Court of Lübeck shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question, depending on the amount in dispute. In all other cases, Tiefenbacher Lehmann or the customer may bring an action before any court having jurisdiction on the basis of statutory provisions.
11. severability clause
(1) Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the rest of the contract.
(2) The invalid or unenforceable provision shall be replaced by a valid and enforceable provision, the effects of which come closest to the economic objective of the invalid or unenforceable provision.
status: May 2020