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General terms and conditions
Linneborn Metallwaren GmbH
Status: 13.07.2020
Linneborn Metallwaren GmbH
In Langel 30
59872 Meschede
1. general provisions / validity
1.1
Linneborn Metallwaren GmbH offers products for sale via its own online store under the domain https://www.linneborn.com as a commercial supplier. The following General Terms and Conditions (GTC) apply to all contracts between the customer and Linneborn Metallwaren GmbH established via this online store in electronic business transactions.
1.2
Customers within the meaning of these GTC are both consumers and entrepreneurs.
1.2.1
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.2.2
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. conclusion of the contract / contract language / contract text storage
2.1
The products and services listed within the online store do not constitute binding offers; rather, they are an invitation to the customer to submit a binding offer by placing an order.
2.2
The customer has the possibility to select and order products within the online store. Before sending the order, Linneborn Metallwaren GmbH enables the customer to check the order data and to correct any input errors.
2.3
By sending the order from the virtual “shopping cart”, the customer places a binding order for the items contained in it. Linneborn Metallwaren GmbH will immediately confirm the receipt of this order to the customer in text form by e-mail.
2.4
Linneborn Metallwaren GmbH is entitled to accept the contract offer of the customer within three working days after receipt of the order. The contract with the customer is only concluded with the express acceptance of the order by Linneborn Metallwaren GmbH. A binding contract can also be concluded beforehand if the customer chooses an online payment method and makes the payment immediately after sending the order. In this case, the contract is concluded at the time when the relevant payment service provider confirms the execution of the payment order to the customer.
2.5
The contract language is German.
2.6
The text of the contract will be stored by Linneborn Metallwaren GmbH. The order data together with the contractual provisions including these GTC shall be sent to the customer separately in text form. The GTC can also be accessed via the website in the online store. Registered customers have the possibility to retrieve their own order history from the virtual “shopping cart” via the internal customer area after sending the order. The login takes place directly on the website in the online store by entering the user name as well as the password previously determined by the customer himself.
3. prices, delivery and shipping costs / terms of payment
3.1
The prices quoted in connection with products and are final prices and include all price components including the applicable sales tax. However, the prices do not include delivery and shipping costs.
3.1.1
In the case of cross-border deliveries, further taxes and/or costs (e.g. customs duties or fees) may be incurred in individual cases, which must be paid by the customer.
3.1.2
The amount of the delivery and shipping costs or more details on the calculation of the same are shown separately within the online store.
3.2
Linneborn Metallwaren GmbH accepts the payment methods listed and offered to the customer for selection. The customer selects the preferred payment method among the available payment methods himself.
3.2.1
In the event of payment by bank transfer or PayPal, the customer undertakes to pay the purchase price plus any delivery and shipping costs incurred without deduction no later than ten days after receipt of the payment request communicated to him. The account details will be provided together with the request for payment.
3.2.2
In the event of delivery against cash on delivery, payment of the purchase price plus any delivery and shipping costs incurred shall be made at the time of delivery to the transport company carrying out the shipment.
3.3
The customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
4. delivery and shipping conditions
4.1
Unless otherwise agreed with the customer, the goods shall be delivered by shipping to the delivery address provided by the customer. Self-collection by the customer is possible; in this respect, it is requested that a collection date be agreed.
4.1.1
In case of payment by advance transfer, the purchased items will be shipped within three days after receipt of payment – unless a shorter or longer delivery period is expressly indicated in connection with the item offer.
4.1.2
In the case of cash on delivery, the purchased items will be shipped within three days after the conclusion of the contract – unless a shorter or longer delivery period is expressly indicated in connection with the item offer.
4.2.1
In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the sold item shall pass to the entrepreneur upon handover to the entrepreneur himself or to a person authorized to receive the item, and in the case of a mail-order purchase – also in the case of carriage-paid delivery – upon delivery of the goods to a suitable transport person.
4.2.2
In the case of consumers, the risk of accidental loss and accidental deterioration of the sold item – also in the case of a mail order purchase – shall pass to the consumer upon handover of the goods to the consumer.
4.2.3
It is equal to the handover if the customer is in default of acceptance.
5. retention of title
5.1
Linneborn Metallwaren GmbH retains ownership of sold items (reserved goods) until the purchase price has been paid in full.
5.2
The customer is obliged to treat the reserved goods with care.
5.3
During the retention of title, the customer is obligated to immediately notify Linneborn Metallwaren GmbH of any third party access to the goods (e.g. in case of seizure) as well as any damage or destruction of the goods and to provide all information and documents necessary to protect the rights of the owner. Third parties must be informed of the third-party ownership.
5.4
In case of breach of contract by the customer – in particular in case of default of payment or in case of breach of an obligation according to clause 5.2 and/or 5.3 of these GTC, Linneborn Metallwaren GmbH shall be entitled to withdraw from the contract and to demand return of the goods subject to retention of title.
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6. right of withdrawal for consumers
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must:
Linneborn Metallwaren GmbH
in Langel 30
59872 Meschede
Email: info@linneborn.com
Fax: +49 (0)2903 – 2017
Tel.: +49 (0)2903 – 7693
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
You can find the withdrawal form at the bottom of this page or download it as a PDF:
https://www.linneborn.com/media/widerrufsformular.pdf
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct costs of returning the goods. For goods that cannot be returned normally by mail due to their nature, the cost is estimated at a maximum of about 30 EUR.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods.
The right of withdrawal in distance selling does not exist:
In the case of delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
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7. notification of transport damage
The customer shall support Linneborn Metallwaren GmbH to the best of its ability in the event of transport damage, insofar as claims are asserted against the relevant transport company or transport insurance. Any rights and claims of the Customer, in particular its rights in the event of defects in the item, shall remain unaffected by the provision of Clause 7.1 of these GTC; this shall therefore also not include any preclusion period for rights of the Customer pursuant to Clause 8 of these GTC.
7.1
The customer shall inspect the delivered goods upon receipt. In the case of externally visible transport damage, in the event that the delivery is nevertheless accepted, the damage must be noted on the respective shipping documents already upon acceptance of the delivery and acknowledged by the delivery agent; the packaging must be retained.
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8. rights in case of defects of the item (warranty)
Any inquiries and/or complaints of any kind can be directed to Linneborn Metallwaren GmbH at any time via the above contact details.
8.1.1
No warranty is given for such damages that have occurred as a result of improper use or handling of the item by the customer.
8.2
If the purchased item is defective, the customer shall have a claim to subsequent performance in accordance with §§ 437 No. 1, 439 BGB (German Civil Code) if and to the extent that the prerequisites of the statutory provisions on rights in the event of defects exist.
8.2.1
In this respect, consumers have the choice of whether subsequent performance is to be effected by repair or replacement delivery. However, Linneborn Metallwaren GmbH shall be entitled to refuse the type of subsequent performance chosen if it is only possible with disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the consumer.
8.2.2
Towards entrepreneurs, Linneborn Metallwaren GmbH shall initially provide warranty for defects of the goods at its own discretion by rectification of defects or replacement delivery.
8.2.3
The rights of the Buyer in the event of defects as stipulated in § 437 No. 2 and 3 of the German Civil Code (BGB) shall remain unaffected by the provisions of Sections 8.2.1 to 8.2.2 inclusive of these General Terms and Conditions.
8.3
Claims and rights of an entrepreneur due to defects shall become time-barred one year after delivery of the goods to the customer; claims and rights of a consumer due to defects shall become time-barred two years after delivery of the goods to the customer. The relief from the statute of limitations associated with these periods shall not apply insofar as Linneborn Metallwaren GmbH is liable pursuant to Section 9 of these GTC or the right in rem of a third party is at issue on the basis of which the surrender of the delivery item can be demanded.
8.4
The rights of recourse of entrepreneurs stipulated in §§ 478, 479 BGB (German Civil Code) shall remain unaffected by the provisions of clauses 8.1 to 8.3 inclusive of these GTC.
8.5
Obvious defects must be reported by merchants within a period of two weeks from receipt of the goods via the above contact details; otherwise the assertion of the warranty claim is excluded. The timely dispatch of the notice of defect shall be sufficient to comply with the time limit.
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9. liability provisions
9.1
In accordance with the statutory provisions, Linneborn Metallwaren GmbH shall be liable without limitation for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty as well as for other damages caused by an intentional or grossly negligent breach of duty and fraudulent intent. Furthermore, Linneborn Metallwaren GmbH shall be liable without limitation for damages covered by liability under mandatory statutory provisions, such as the Product Liability Act, as well as in the case of the assumption of guarantees.
9.2
Linneborn Metallwaren GmbH shall be liable for such damages which are not covered by clause 9.1 and which are caused by simple or slight negligence, as far as this negligence concerns the violation of contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the customer may regularly rely (so-called cardinal obligations). In this case, the liability of Linneborn Metallwaren GmbH is limited to the foreseeable damages typical for the contract.
9.3
In the event of slightly negligent breaches of such contractual obligations which are neither covered by clause 9.1 nor clause 9.2 (so-called insignificant contractual obligations), Linneborn Metallwaren GmbH shall be liable to consumers – this shall be limited to the foreseeable damages typical for the contract.
9.4
Any further liability is excluded.
10. final provisions
10.1
The law of the Federal Republic of Germany shall apply.
10.1.1
In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10.1.2
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) shall not apply.
10.2
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of von Linneborn Metallwaren GmbH. The same shall apply if the customer is an entrepreneur and has no general place of jurisdiction in Germany or if the place of residence or habitual abode is unknown at the time the action is brought. The authority of Linneborn Metallwaren GmbH to also call upon the court at another legal place of jurisdiction remains unaffected by this.
Linneborn Metallwaren GmbH, Im Langel 30, 59872 Meschede, Germany
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Cancellation form
If you want to cancel the contract, please fill out this form and send it back.
To:
Linneborn Metallwaren GmbH
in Langel 30
59872 Meschede
Email: info@linneborn.com
Fax: +49 (0)2903 – 2017
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
Date
(*) Delete as applicable.
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Information on Alternative Dispute Resolution – Online Dispute Resolution (OS)
The EU Commission has created an internet platform for the online settlement of disputes (so-called “ODR platform”). The ODR platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase contracts. The OS platform can be accessed at the following link:
http://ec.europa.eu/consumers/odr/.
We are prepared to participate in an out-of-court dispute resolution procedure.
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