General Terms & Conditions
General terms and conditions with customer information
Table of Contents
1. Scope of application
2. Conclusion of contract
4. Prices and terms of payment
5. Delivery and Shipping conditions
6. Retention of title
7. Liability for Defects (Warranty)
8. Redemption of promotional vouchers
9. Redemption of gift vouchers
10. Applicable law
12. Alternative Dispute Resolution
1) Scope of application
1.1 These General Terms and Conditions of Business (hereinafter referred to as "GTC") of LeoZ GmbH (hereinafter referred to as "Seller") shall apply to all contracts concerning the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "Customer") Online shop. This is without prejudice to the inclusion of the customer's own conditions, unless otherwise agreed.
1.2 In the case of contracts for the delivery of vouchers, these General Terms and Conditions of Business shall apply accordingly, unless otherwise expressly provided otherwise.
1.3 Consumers within the meaning of these General Terms and Conditions shall be any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneurs within the meaning of these General Terms and Conditions is a natural or legal person or a legal person who is acting in the course of a legal transaction in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop are not binding offers from the seller, but serve as a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and having completed the electronic ordering process, the customer places a legally binding contract offer with respect to the goods contained in the shopping basket by clicking on the button closing the order process. Furthermore, the customer can also make the offer by telephone or e-mail against the seller.
2.3 The seller can accept the offer of the customer within five days,
(Fax or e - mail), in which case the receipt of the order confirmation by the customer is decisive, or
By delivering the ordered goods to the customer, in so far as the access of the goods to the customer is relevant, or
By requesting the customer to make payment after submitting his order.
If several of the above alternatives are present, the contract comes into force at the time when one of the above alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day following the submission of the offer. If the seller does not accept the offer of the customer within the aforementioned deadline, this shall be considered a rejection of the offer with the result that the customer is no longer bound to his consent.
2.4 When the payment type "PayPal Express" is selected, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. Et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter 'PayPal'), subject to the PayPal Terms of Service, can be viewed at https://www.paypal.com/en/webapps/mpp/ua / Useragreement-full or - if the customer does not have a PayPal account - under the conditions of payments without PayPal account, can be viewed at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full. If the customer chooses the method of payment as part of the online order process "PayPal Express", he also issues a payment order to PayPal by clicking the button closing the order process. In this case, the seller already declares acceptance of the offer by the customer at the time when the customer triggers the payment process by clicking the button closing the order process.
2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller and sent to the customer in text form (eg e-mail, fax or letter) after sending his order together with these terms. In addition, the contract text is archived on the website of the seller and can be retrieved free of charge by the customer via his password-protected customer account, providing the corresponding login data provided the customer has created a customer account in the seller's online shop before sending his order.
2.6 Prior to binding the order via the seller's online order form, the customer can 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 enlargement function of the browser, by means of which the display on the screen is enlarged. The customer can correct his / her entries within the scope of the electronic ordering process by means of the usual keyboard and mouse functions until he / she clicks the button closing the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contacting are generally carried out via e-mail and automated order processing. The customer has to ensure that the e-mail address specified by him for order processing is correct so that the 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 by third parties commissioned with the order processing are sent.
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instruction.
4) Prices and terms of payment
4.1 Unless stated otherwise in the product description of the Seller, the prices quoted are total prices, which include the statutory value added tax. If applicable additional ship ping and shipping costs are indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in a particular case which are not the responsibility of the seller and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (for example, transfer fees, exchange rate fees) or import taxes (eg duties). Such costs may also arise in respect of the transfer of money even 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 possibility of payment will be communicated to the customer in the seller's online shop.
4.4 If prepayment is agreed by bank transfer, the payment is due immediately after conclusion of the contract, provided that the parties have not agreed on a later due date.
4.5 In the case of payment by means of a payment method offered by PayPal, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. Et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter 'PayPal'), subject to the PayPal Terms of Service, can be viewed at https://www.paypal.com/en/webapps/mpp/ua / Useragreement-full or - if the customer does not have a PayPal account - under the conditions of payments without PayPal account, can be viewed at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full.
5) Delivery and shipping conditions
5.1 The goods shall be delivered by the dispatch route to the delivery address indicated by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the order processing of the seller is decisive.
5.2 If the transport company sends the goods back to the seller, since delivery to the customer was not possible, the customer bears the costs for unsuccessful dispatch. This does not apply if the customer exercises his right of revocation effectively if he is not responsible for the circumstance which led to the impossibility of the delivery or if he was temporarily prevented from accepting the offered service, The performance had announced a reasonable time before.
5.3 Self-collection is not possible for logistical reasons.
5.4 Coupons are left to the customer as follows:
6) Retention of title
If the seller is in advance, he retains title to the delivered goods until full payment of the purchase price owed.
7) Liability for Defects (Warranty)
7.1 If the purchase item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain to the supplier of delivered goods with obvious transport damages and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual deficiency claims.
8) Redemption of promotional vouchers
8.1 Vouchers which are issued free of charge by the seller in the context of advertising campaigns with a certain period of validity and which can not be purchased by the customer (hereinafter referred to as "Promotion vouchers") can only be redeemed in the seller's online shop and only in the specified period.
8.2 Individual products may be excluded from the promotional transaction, provided that a corresponding restriction results from the content of the promotional voucher.
8.3 Promotion vouchers can only be redeemed before the end of the ordering process. Subsequent allocation is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the voucher. Any remaining balance is not reimbursed by the seller.
8.6 If the value of the promotional voucher is insufficient to cover the purchase order, one of the other types of payment offered by the seller may be chosen to settle the difference.
8.7 The credit of an action voucher is neither paid in cash nor interest.
8.8 The voucher will not be refunded if the customer returns the goods paid in full or in part with the promotional voucher within the scope of his statutory right of revocation.
8.9 The promotion voucher is transferable. The seller can deliver with liberating effect to the respective owner, who redeems the promotion voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the incapacity for business or the lack of the right of representation of the respective owner.
9) Redemption of gift vouchers
9.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
9.2 Gift vouchers and residual vouchers of gift vouchers are redeemable up to the end of the third year after the year of the purchase of the voucher. Residual credit shall be credited to the customer by the expiry date.
9.3 Gift vouchers can only be redeemed before completion of the order process. Subsequent allocation is not possible.
9.4 In the case of an order, several gift vouchers can also be redeemed.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.6 If the value of the gift voucher is insufficient to cover the purchase order, one of the other payment methods offered by the seller may be selected to settle the difference.
9.7 The credit of a gift voucher is neither paid in cash nor interest.
9.8 The gift voucher is transferable. The seller can deliver with liberating effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the incapacity for business or the lack of the right of representation of the respective owner.
10) Applicable law
For all legal relations of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
If the customer acts as a merchant, a legal person of public law or a public special fund with registered office in the territory of the Federal Republic of Germany, exclusive jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the seller is exclusive jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
12) Alternative dispute settlement
12.1 The EU Commission provides an online dispute resolution platform at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a point of departure for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer sacking agency.