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Transport
If, on the customer's request, the merchandise will be sent to the customer or on his behalf to third party the risk of accidental damage or accidental deterioration of the goods shall be transferred to the customer with delivery to the transport agent or at the latest upon leaving our factory or magazine. The transfer of the risk shall apply independent of the fact, whether the shipment will be executed from the place of performance and who bears the shipment costs. If the merchandise is ready for shipment and the shipment or the acceptance of the goods is delayed due to reasons the Seller is not responsible for the risk is transferred to the customer upon receipt of the notification of readiness.
Liability
I. We assume liability in compliance with the legal regulations for the customer's claims for damages due to intent or gross negligence, including intent or gross negligence of our representatives or vicarious agents. Unless we are held liable for intentional breach of the contract our liability shall be limited to the predictable and typical damage.
II. We assume liability in compliance with the legal regulations in so far as we culpably infringe an essential contractual obligation. However, our liability shall be limited to the predictable and typical damage in such a case.
III. In all other cases we do not assume any liability, particularly we do not assume liability for damages that have not arisen to the object of our delivery or service.
Warranty
I. In the case of any defects of the merchandise for which we can be held liable we shall be entitled to choose between remedy of the fault or replacement. In the case of remedy of the fault we undertake to bear all related costs, unless the costs are increased by moving the purchased goods o another place than the place of performance.
II. In the case that the remedy of the fault or the replacement fails the customer shall be entitled to demand the rescission of the contract or a reasonable reduction of the purchasing price.
Reservation of Proprietary Rights
We reserve all proprietary rights until all contractual payment obligations have been fully settled. In case of any infringement of contractual obligations by the contract partner, particularly in case of default in payment, we shall be entitled to take back the purchased goods. Taking back the goods shall not be deemed to be a cancellation of the contract, unless we have expressly confirmed such cancellation in writing. If we attach the purchased goods it shall be deemed to be a cancellation of the contract. After taking back the purchased goods we shall be entitled to exploit the goods. The proceeds shall be applied towards the customer's accounts payable – after deducting reasonable processing costs.
Set-Off
The contract partner shall only have the right to set-off if his counterclaims have been legally established, acknowledged by us or uncontested. The contract partner also shall have no right of retention in case of claims in contest.
Price Adjustment
We reserve the right to reasonably adjust our prices in case of any changes in costs, particularly changes due to tariff agreements or changes of the material price after conclusion of the contract. On request we will provide evidence of such changes. Apart from that all our offers are subject to change without notice.
Technical Modifications
We reserve the right to technical modifications without prior notice.
Place of Jurisdiction
I. The place of performance for all contractual obligations shall be the supplier's place of business.
II. The place of jurisdiction for all legal disputes arising from the contractual relationship, the drafting and the effectiveness of the contract shall be determined by the supplier's place of business, or if he so chooses the purchaser's place of business.
Right of Revocation
In the event of an effective revocation all performances received by either party shall be returned and, if applicable, any benefits derived shall be surrendered. In case of a revocation in due time Lichtloesung.de will reimburse the price already paid within 30 days after receipt of the returned goods.
The purchaser shall be obliged to send back the goods to Lichtloesung.de, Eimsbütteler Straße 129, 22769 Hamburg, Germany immediately.
Unless the order value is more than 40.00 EUROS the shipment costs shall be borne by the purchaser. In case of order values above 40.00 EUROS the return shipment shall be free of charge for the purchaser.
Lichtloesung.de will not accept parcels sent on a freight collect basis! The goods to be sent back have to be complete and in the original packing and packed in a suitable transport packing. In case of a deterioration of the goods Lichtloesung.de shall be entitled to demand compensation from the purchaser. This shall not apply in the case that the deterioration of the merchandise is exclusively due to the examination of the merchandise – e.g. in a manner that would be customary in a retail store. Furthermore the customer can avoid the duty of substitution, by not treating the goods as his own property and by desisting from everything that would impair its value. This applies in particular if the customer is not yet sure, whether he wants to keep the merchandise.
After sending back the goods the sales contract shall be terminated and the purchase price shall be reimbursed.
All rebates, deductions, sales discounts, etc. are exclusively applicable under the precondition that the payment terms agreed to will be kept.
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Lichtloesung.de. May 2010
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