AGB
I. Gerneal terms ans conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (LEDAB GmbH) via the www.ledab.de website, unless otherwise agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
(2) We only offer our products for sale if you are a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the legal transaction (entrepreneur). The conclusion of a contract with consumers is excluded.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.
(2) Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(3) You can submit a binding contract offer (order) by telephone, e-mail, fax, post or via the online shopping cart system.
When purchasing via the online shopping cart system, the goods intended for purchase are stored in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After clicking on the “Checkout” or “Continue to order” button (or similar) and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the “back” function of the Internet browser) or canceling the order. By sending the order via the corresponding button, you submit a binding offer to us.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
(4) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately when ordering by telephone or at the latest within 5 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 you (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound by your order. In this case, any services already rendered will be refunded immediately.
(5) Upon request, we will provide you with an individual offer, which will be sent to you in text form and to which we are bound for 5 days (unless another period is specified in the respective offer). You accept the offer with confirmation in text form.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or at the latest immediately after conclusion of the contract by e-mail. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for correctness of content and in this respect accept no liability for errors.
(4) If specified in the respective offer, you will receive a correction draft from us, which you must check immediately. If you agree with the design, you approve the correction template for execution by countersigning it in text form (e.g. e-mail).
The design work will not be carried out without your approval.
You are responsible for checking the proof for correctness and completeness and for informing us of any errors. We accept no liability for any errors that have not been corrected.
§ 4 Prices, terms of payment and shipping costs
(1) The prices stated in the respective offers as well as the shipping costs are net prices. They do not include the statutory value added tax.
(2) The shipping costs incurred are not included in the purchase price and will be charged separately, unless free delivery has been agreed. Further details can be found under a correspondingly labeled button on our website or in the respective offer.
(3) If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
(4) Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
(5) You have the payment options shown under a correspondingly labeled button on our website or in the respective offer. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or invoice.
§ 5 Terms of delivery
(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. In the case of payment in advance by bank transfer, the goods will only be dispatched after we have received the full purchase price and the shipping costs.
(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) Shipment shall be at your risk. If you wish, the shipment will be made with appropriate transport insurance, whereby the costs incurred as a result are to be borne by you.
(4) Partial deliveries are permitted and can be invoiced by us independently, provided that you are not charged with additional costs for shipping.
§ 6 Warranty
(1) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
(2) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(3) In the event of defects, we shall provide warranty at our discretion by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.
§ 7 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.