General terms and conditions with customer information
Table of Contents
- Conclusion of contract
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Applicable law
1.1 These General Terms and Conditions (hereinafter “GTC”) of Ledermann Business Development GmbH (hereinafter “Seller”) apply to all contracts that an entrepreneur (hereinafter “Customer”) has with the seller with regard to the goods presented by the seller in his online shop and / or services. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity. The goods and / or services offered by the seller in the online shop are only intended for professional use in the cosmetic studio. The sale is therefore only to entrepreneurs and not to consumers within the meaning of § 13 BGB (= German Civil Code).
1.2 We hereby object to the inclusion of the customer’s own terms, unless otherwise agreed.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller are not binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can conclude a purchase contract using the online order form integrated in the seller’s online shop. The contract is concluded after he has placed the selected goods and / or services in the virtual shopping cart and has gone through the electronic ordering process by clicking the button that concludes the ordering process. . Payment must be made by bank transfer to the bank details specified in the shop. The order will only be dispatched to the seller’s account after receipt of the money.
2.3 The text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order together with the present terms and conditions. In addition, the text of the contract is archived on the seller’s website and can be called up free of charge by the customer via his password-protected customer account, providing the appropriate login data, provided the customer has created a customer account in the seller’s online shop before sending his order.
2.4 Before the binding submission of the order via the seller’s online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries before the binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.
2.5 Only the German language is available for the conclusion of the contract.
2.6 Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Prices and terms of payment
3.1 Unless otherwise stated in the seller’s product description, the prices quoted are net prices plus VAT. If applicable, additional delivery and shipping costs are specified separately in the respective product description.
3.2 The customer has various payment options available, which are specified in the seller’s online shop.
4) Delivery and shipping conditions
4.1 The delivery of goods takes place on the way to the delivery address given by the customer, unless otherwise agreed.
4.2 If the transport company sends the goods back to the seller, since delivery to the customer to the delivery address specified by him was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer exercises his right of cancellation effectively, if he 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 gave him the right the service had announced a reasonable time in advance.
4.3 The risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.
4.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the seller has, with due care, concluded a specific cover transaction with the supplier. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
4.5 Pick-up is not possible for logistical reasons.
5) Retention of title
5.1 The seller reserves the ownership of the delivered goods until all claims from an ongoing business relationship have been paid in full.
5.2 The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties in the amount of the respective invoice value (including sales tax) to the seller in advance. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the receivables even after the assignment. The seller’s authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer fulfills his payment obligations to the seller, does not fall into arrears and no application is made to open insolvency proceedings.
6) Liability for defects (warranty)
The customer is solely responsible for ensuring that he or the operators and users of the device comply with the personal and operational requirements that may be imposed by law or by authorities on the use of the purchased equipment on humans. These requirements include, in particular, requirements that are laid down in the law on protection against non-ionizing radiation in human use dated July 29, 2009 (Federal Law Gazette p. 2433) and legal regulations based thereon, e.g. B. regarding maintenance and inspection, protective measures, advice and information to customers, documentation, notification and reporting obligations to authorities and specialist requirements. These requirements do not constitute a defect of the device in the sense of § 434 BGB or § 435 BGB. The seller does not guarantee that they will be observed.
If the purchased item is defective, the provisions of the statutory liability for defects apply. Deviating from this applies to entrepreneurs:
the seller has the choice of the type of supplementary performance;
for new goods, the limitation period for defects is one year from the transfer of risk;
rights and claims due to defects are excluded for used goods.
The statutory warranty regulations apply to consumers.
7) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods if the customer is a businessman.