Terms of service
GTC
1 General, clientele, language
(1) All offers, purchase contracts, deliveries and services based on orders placed by customers via Tiefenbacher Lehmann websites (hereinafter the “Webshop”) are subject to these General Terms and Conditions. In addition, offers, purchase contracts, deliveries and services in connection with end customers, which are made by e-mail, are also subject to these General Terms and Conditions.
(2) The product range in the Webshop is aimed equally at consumers and entrepreneurs, but only at end customers. Retailers and bulk buyers are welcome to send inquiries regarding the product range to Tiefenbacher Lehmann by e-mail (sales@tiefenbacherlehmann.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 which can be attributed neither to his commercial nor his independent professional activity (Section 13 of the German Civil Code - BGB) and (ii) an “entrepreneur” is a natural or legal person or a partnership with legal capacity which, when entering into the contract, is acting in the exercise of its commercial or independent professional activity (Section 14 (1) BGB).
(4) The customer's terms and conditions shall not apply. They shall only become part of the contract if this is expressly agreed.
(5) Contracts with the customer shall be concluded exclusively in German or English, depending on whether the customer places the order via the German or English-language page of the web store. If the customer's order is placed via the German-language webshop, the German version of these General Terms and Conditions shall apply exclusively. If the order is placed via the English-language webshop, only the English version of these General Terms and Conditions shall apply.
2 Conclusion of contract
(1) The presentation of the goods in the webshop does not constitute an offer to conclude a purchase contract.
(2) By clicking on the “Buy”/“Order with obligation to pay” button, the customer submits a binding offer to conclude a purchase contract with regard to the goods contained in the shopping cart. Before submitting the offer, the customer must accept these General Terms and Conditions and the cancellation policy. In addition, before submitting the offer, the customer is once again given an overview of the information provided and the opportunity to correct any input errors. The customer is bound to the offer for a period of two (2) weeks after placing the order.
(3) Tiefenbacher Lehmann shall send the customer a confirmation of receipt of the offer immediately after receipt of the offer, but this shall not constitute acceptance of the offer.
(4) The offer shall only be deemed accepted by Tiefenbacher Lehmann when Tiefenbacher Lehmann declares acceptance to the customer (by e-mail) or dispatches the goods.
(5) The goods shall be dispatched after payment of the full amount using one of the payment methods offered within the delivery time stated on the respective product page.
(6) If delivery of the goods ordered by the customer is not possible in exceptional cases, Tiefenbacher Lehmann will refrain from declaring acceptance. In this case, no contract shall be concluded. The customer will be informed of this immediately.
(7) If, in individual cases, the customer does not place an order via the web store but by e-mail, his order by e-mail shall be deemed a binding offer to conclude a purchase contract with regard to the requested goods. In this case, the customer shall also be bound by the offer for a period of two (2) weeks after placing the order. The provisions set out in paragraphs (3) - (6) shall apply accordingly.
3 Right of revocation
(1) If the customer is a consumer within the meaning of section 1, he is entitled to a right of revocation in accordance with the statutory provisions as described in the revocation instructions.
(2) If the customer only returns individual goods, this is a so-called partial withdrawal. Tiefenbacher Lehmann offers customers this partial withdrawal as a voluntary service. In this case, shipping costs shall not be reimbursed, even proportionately. The customer shall 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 cart and can also be viewed by customers by clicking on “plus shipping costs”. In any case, shipping costs as well as any customs duties and similar charges are to be borne by the customer.
(3) The payment methods credit/debit card and PayPal are available in our webshop.
(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 products included in an order which can be used separately, whereby Tiefenbacher Lehmann shall bear the additional shipping costs incurred as a result irrespective of the other cost regulations.
6 Shipment, insurance and transfer of risk
(1) Unless expressly agreed otherwise, Tiefenbacher Lehmann shall determine the appropriate mode of shipment and the transport company at its reasonable discretion.
(2) Tiefenbacher Lehmann shall only be responsible for the timely and proper delivery of the goods to the transport company and shall not be responsible for delays caused by the transport company. Any delivery time stated in the webshop is therefore non-binding.
(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 at which 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 transportation company.
7 Retention of title
(1) Tiefenbacher Lehmann shall retain title to the goods delivered by it until the purchase price for the goods in question has been paid in full.
(2) For entrepreneurs, the following shall apply in addition: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. The customer is not entitled to resell the delivered goods subject to retention of title without the prior written consent of Tiefenbacher Lehmann. In the event of any resale, the customer hereby assigns to Tiefenbacher Lehmann the claims arising from the resale up to the amount of the purchase price to be paid to Tiefenbacher Lehmann plus a surcharge of 20%. Tiefenbacher Lehmann hereby authorizes the customer to collect the claims thus assigned in the ordinary course of business, whereby Tiefenbacher Lehmann may revoke this authorization at any time in the event of default of payment by the customer.
8 Warranty
(1) The warranty shall be 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 rectify the defect or deliver defect-free goods.
(3) If the subsequent performance pursuant to Clause 8 (1) fails or is unreasonable for the customer or Tiefenbacher Lehmann refuses 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 claim damages or reimbursement of his futile expenses. The special provisions of Clause 9 of these General Terms and Conditions shall also 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 also apply.
Tiefenbacher Lehmann may choose between remedying the defect or delivering a defect-free item if the entrepreneur asserts a material defect. 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 at disproportionate cost.
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 assume no liability for public statements made by the manufacturer or other advertising statements.
The fully commercial entrepreneur must carefully inspect the goods immediately after delivery. The delivered goods shall be deemed to have been approved by the entrepreneur if Tiefenbacher Lehmann is not notified of a defect (i) in the case of obvious defects within five (5) working days of delivery or otherwise (ii) within five (5) working days of discovery of the defect in accordance with § 377 HGB (German Commercial Code).
(5) The warranty period shall be two (2) years from delivery if the customer is a consumer, otherwise twelve (12) months from delivery.
9 Liability
(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 - unless otherwise regulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, liability is excluded subject to the provision in paragraph 3.
(3) Liability for fraudulent concealment of defects or for the assumption of a guarantee of quality as well as liability for claims based on the Product Liability Act and for damages resulting from injury to life, limb 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, the customer's claims for damages for which liability is limited in accordance with clause 2, with the exception of claims in tort, shall expire one (1) year after the start of the statutory limitation period.
(5) Insofar as Tiefenbacher Lehmann's liability 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 is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions.
(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 within the meaning of. § Section 1 (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 by law.
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 remainder of the contract.
(2) The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.
Status: May 2020
