General terms and conditions and consumer information
§ 1 Basic provisions
(1)The following terms and conditions apply to all contracts between
Lamperia, Brudler und Plaga GbR, Möllner Strasse 11, 21493 Schwazenbek, Germany
- hereinafter referred to as the provider - and
the Customer, which are closed via the lamperia.de website of the Provider. Unless otherwise agreed, the inclusion of the Customer's own terms and conditions is contradicted.
2)A consumer in the sense of the following provisions is every natural person who concludes a legal transaction for a purpose that can be attributed neither to his commercial nor independent professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
(3)Contract language is German. The complete text of the contract is not stored by the provider. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order at the provider, the order data, the legally required information for distance selling contracts and the General Terms and Conditions of Business are sent to the customer again by e-mail.
In the case of requests for quotations, which are transmitted to the Provider e.g. by email by telephone or by email, the Customer shall receive all contract data within the framework of a binding offer by email, which the Customer can print out or save electronically.
§ 2 subject matter of the contract
The subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the article description and the supplementary information on the website of the supplier.
§ 3 Conclusion of the contract
(1)The product presentations of the provider on the Internet are non-binding and not a binding offer to conclude a contract.
(2)The customer can submit a binding offer to buy (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart". The customer can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the
order overview page is displayed.
If the customer uses the instant payment system "PayPal - Express" by clicking the button "PayPal-Express" integrated in the shop system, he will be redirected to the log-in page of PayPal. After successful login, the customer is shown his address and account data stored with PayPal. By clicking on the "continue" button, the customer is taken back to the online shop of the provider on the order overview page
...to be directed. Before submitting the order, the customer has the possibility to check all details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By sending the order via the button " buy" the customer submits a binding offer to the provider.
(3)The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to the customer (order confirmation).
Should the customer not have received a corresponding message within this period, he is no longer bound to his order. In this case, any services already rendered will be refunded immediately.
(4)Inquiries of the customer for the purchase of goods outside the online shopping cart system
The data, which are transmitted by telephone or email to the provider, are not binding for the customer. The provider submits a binding offer to the customer in text form (e.g. by email), which the customer can accept within 5 days.
5)The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. The customer must therefore ensure that the e-mail address he/she has deposited with the provider is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 4 Prices, shipping costs
(1)The prices quoted in the respective offers as well as the shipping costs represent final prices. They include all price components including all applicable taxes. The shipping costs incurred are not included in the purchase price.
(2)They can be accessed via the "Payment and Shipping" page, are shown separately during the ordering process and are to be paid by the customer.
(3)The customer receives an invoice with value added tax shown.
§ 5 Payment and shipping terms
(1)The conditions for payment and shipping can be found under the button of the same name in the navigation.
(2)Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
(3)Should a product ordered by the customer, contrary to expectations and despite the timely conclusion of an adequate covering transaction, not be available for reasons for which the provider is not responsible, the customer will be informed immediately of the non-availability and, in the event of withdrawal, any payments already made will be refunded immediately.
4)For consumers it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to the customer when the goods are handed over to the customer, regardless of whether the shipment is insured or uninsured.
If the customer is an entrepreneur, the delivery and dispatch is at his own risk.
§ 6 Return costs when exercising the right of withdrawal
In all cases the buyer bears the costs of the return.
§ 7 Right of retention, retention of title
(1)The customer may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2)The goods remain the property of the supplier until the purchase price has been paid in full.
(3)If the customer is an entrepreneur, the following applies in addition:
a)The provider reserves the right of ownership of the goods until the complete settlement of all claims from the current business relationship. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
b)The customer may resell the goods in the ordinary course of business. In this case, he hereby assigns to the supplier accepting the assignment all claims in the amount of the invoice amount which accrue to him from the resale.
The customer is further authorized to collect the claim.
If he does not properly meet his payment obligations, however, the supplier reserves the right to collect the claim himself.
c) In the event of combining and mixing the reserved goods, the Supplier shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d)The supplier undertakes to release the securities to which he is entitled at the customer's request insofar as the realisable value of the supplier's securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released is incumbent on the provider.
§ 8 Warranty
(1)The statutory provisions shall apply.
(2)As a consumer, the customer is asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify the supplier and the carrier of any complaints as soon as possible. If the customer does not comply with this, this has no effect on the statutory
(3)If the customer is an entrepreneur, the following shall apply in deviation from paragraph 1:
a) Only the provider's own information and the information provided by the customer shall be deemed to be the quality of the goods.
Product description of the manufacturer as agreed, but not other advertising, public praise and statements of the manufacturer.
b) The customer is obliged to examine the goods immediately and with due diligence for deviations in quality and quantity and to notify the supplier in writing of obvious defects within 7 days of receipt of the goods. This also applies to hidden defects discovered later from the time of discovery. In case of violation of the duty of examination and notification of defects, the assertion of warranty claims is excluded.
c) In the case of defects, the provider shall, at its discretion, provide warranty by repair or
Replacement delivery. If the remedy of the defect fails twice, the customer may, at his discretion, demand a reduction in price or withdraw from the contract. In the event of rectification of defects, the supplier does not have to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, if the transfer does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened
Warranty period does not apply to culpably caused damages attributable to the provider arising from injury to life, body or health and grossly negligent or intentionally caused damages or fraudulent intent of the provider, as well as in the case of recourse claims pursuant to §§ 478, 479 BGB.
§ Article 9 Liability
(1) The provider is liable without limitation in each case for damages arising from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of assumption of a guarantee for the condition of the object of purchase, in the event of damages under the Product Liability Act and in all other cases regulated by law.
(2)As far as essential contractual obligations are concerned, the liability of the provider in case of slight negligence is limited to the contract-typical, foreseeable damage. Essential contractual obligations are essential obligations which result from the nature of the contract and whose violation would endanger the achievement of the purpose of the contract as well as obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfilment of which would ensure the proper execution of the
contract in the first place and on whose compliance the customer can regularly rely.
(3)In the event of a breach of insignificant contractual obligations, liability shall be limited to slight
negligent breaches of duty are excluded.
(4)Data communication via the Internet can be
the technology cannot be guaranteed to be error-free and/or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 10 Choice of law, place of performance, place of jurisdiction
(1)German law shall apply. 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 state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2)The place of performance for all services arising from the business relations existing with the provider as well as the place of jurisdiction is the provider's registered office if the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or the residence or habitual abode is not known at the time of filing a suit. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3)The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.