Terms & Conditions

between

LIGRE GmbH & Co KG, Innstraße 2, 6342 Lower Austria, registered in the commercial register of the Innsbruck Commercial Register Court under commercial register number FN577811y, represented by Wilhelm Gronbach GmbH, VAT number: ATU78121168
– hereinafter “Seller” –

and

the customer specified in section 1.1 of the contract
– hereinafter referred to as “customer” –.

1 scope

1.1 The following general terms and conditions (hereinafter: General Terms and Conditions). LIGRE GmbH & Co. KG (hereinafter: seller), apply exclusively to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter collectively: customer) concludes with the seller regarding the goods offered by the seller in his online shop. The General Terms and Conditions in the version valid at the time the respective contract is concluded are decisive.

1.2 Individual agreements made between the customer and the seller take precedence over these terms and conditions. Any conflicting or other general terms and conditions of the customer are expressly rejected unless the seller expressly agrees to their validity in writing.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.5 The offer in the online shop is currently aimed exclusively at customers who have their usual place of residence in a delivery area accepted by the seller (see section 4) and who can provide a delivery address there. Further delivery restrictions arise from section 4 of these terms and conditions.

2 contract

2.1 The product descriptions contained in the seller's online shop do not constitute a binding offer from the seller, but serve as a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the "BUY NOW" button that concludes the ordering process. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the "By placing your order, you agree to our general terms and conditions and cancellation policy" button and has thereby included them in his application. The seller sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed. The current general terms and conditions and/or contract texts are made available as a PDF. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the offer.

2.3 The Seller will not accept any orders if the Customer has not yet reached the age of 18 at the time of conclusion of the contract.

2.4 The customer is bound to the order for a period of two (2) weeks after placing the order; This does not affect any right to revoke the order under Section 3. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.5 The seller can accept the customer's offer,

2.5.1 by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

2.5.2 by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive.
If several of the aforementioned alternatives exist, the contract is concluded when the first alternative occurs.

2.6 If no copies of the product selected by the customer are available at the time of the order, the seller will inform the customer of this immediately and will refund any payments already made by the customer for cancelled goods. If the product is permanently unavailable, the seller will refrain from accepting the order. In this case, no contract is concluded.

2.7 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.8 The contract can be concluded in German and English, whereby the German version is authoritative for the understanding of the contract.

2.9 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided 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 to process the order can be delivered.

3 Right of withdrawal

3.1 Consumers have a statutory right of cancellation when concluding a distance selling contract, about which the seller will inform them below in accordance with the statutory model. A sample cancellation form can be found in section 3.2.

Right of withdrawal
Right to cancel

You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of cancellation, you must notify us (contact details see above § 1) of your decision to cancel this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form for this purpose. However, this is not mandatory. To meet the cancellation deadline, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation
If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery we offer have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation 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.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

3.2 The seller provides information about the sample cancellation form in accordance with the legal regulations as follows:

Refund Request Form Template
(If you want to revoke the contract, please fill out this form and send it back.)
— To [here the name, address and, if applicable, fax number and email address of the entrepreneur must be inserted by the entrepreneur]:
— I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the 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 when notified on paper)
- date
(*) Delete as appropriate

4 Prices and Shipping Costs

4.1 The prices stated at the time of the order apply. All prices include the applicable statutory sales tax.

4.2 Shipping costs and any additional costs for services requested by the customer and services additionally offered by the seller in the online shop are shown in the order form and are to be borne by the customer. Shipping costs may vary depending on the type of delivery and the nature of the order. If the seller fulfills the order by making partial deliveries, the customer only incurs shipping costs for the first partial delivery. If partial deliveries are made at the customer's request, the seller charges shipping costs for each partial delivery.

4.3 Additional costs may apply in individual cases for deliveries to countries outside the European Union. If the seller is not responsible for the costs incurred, these additional costs must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may be incurred in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.4 The payment option (s) will be communicated to the customer in the online shop of the seller.

5 Payment and payment methods

5.1 The purchase price is due immediately upon conclusion of the contract without deduction.
The seller generally offers the following payment methods: credit card (Mastercard/Visa), direct bank transfer or PayPal. If individual payment methods are temporarily unavailable, this will be taken into account in the order form. Refunds of the purchase price are always made via the payment method chosen by the customer.

5.2 The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged in writing by the seller. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

6 Delivery and transfer of risk

6.1 Delivery will only take place after full payment of the purchase price due to the seller.

6.2 Deliveries are made to the delivery address provided by the customer. Delivery is only made to an address within the delivery area accepted by the seller. The seller only delivers to customers who have their usual place of residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Switzerland, France, Belgium, Netherlands, Luxembourg, Italy.

6.3 The seller is entitled to make partial deliveries as long as this is reasonable for the customer.

6.4 The seller will inform the customer of the expected delivery time during the ordering process. The seller will inform the customer of any delays in delivery due to force majeure or other reasons beyond its control and will inform the customer of a new delivery period that is appropriate in the respective circumstances.

6.5 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution responsible for carrying out the shipment and the seller has not previously named this person or institution to the customer.

6.6 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the seller's responsibility and is not a short-term disruption. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

6.7 pickup is not possible for logistical reasons.

7 retention of title

The delivered goods remain the property of the seller until all claims arising from the sale of the goods have been met in full.

8 Warranty, guarantee

8.1 In the event of defects, the customer's claims are based on the applicable legal regulations, in particular Sections 434 ff. of the German Civil Code (BGB). In principle, damage or malfunctions caused by limescale or other deposits and contamination are not covered by the manufacturer's guarantee or warranty.

8.2 As part of the subsequent performance, the customer can request a new delivery or remedy of the defect. However, the seller is entitled to refer the customer to a new delivery if remedying the defect would involve disproportionate expenditure. The customer's right to demand compensation or reimbursement of wasted expenditure is governed by the following section 9 of these terms and conditions.

8.3 For entrepreneurs, the warranty period for items delivered by the seller is 12 months. Otherwise, warranty claims expire two years after delivery of the goods.

8.4 An additional guarantee only exists for the goods delivered by the seller if this was expressly provided in the order confirmation for the respective item.

9 liability

9.1 Claims by the customer for damages or reimbursement of wasted expenditure are excluded, subject to the provisions of this Section 8. Excluded from this are claims for damages by the customer arising from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

9.2 In the event of a breach of essential contractual obligations, the Seller shall only be liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the Customer has claims for damages arising from injury to life, body or health.

9.3 The restrictions in clauses 8.1 and 8.2 also apply to the benefit of the legal representatives and vicarious agents of the Seller if claims are asserted directly against them.

9.4 The limitations of liability arising from clauses 8.1 and 8.2 do not apply if the seller has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

10 Copyrights, ancillary copyrights

The seller is the owner of the rights to all images, films and texts published in our online shop. Any use of the images, films and texts that is relevant to copyright is not permitted without our express consent.

11 Alternative Dispute Resolution

11.1 Link to the OS platform in accordance with Article 14 Paragraph 1 of Regulation EU No. 524/2013:
EU Commission platform for online dispute resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE

11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. In the event of a conflict, the seller will endeavour to find a solution with the customer that is acceptable to both parties. Since arbitration boards are subject to a fee, the seller will not participate in a dispute resolution procedure before a consumer arbitration board, even in the well-understood cost interest of the customer.

12 Final Provisions

12.1 Contracts between the seller and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and are habitually resident in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

12.2 If the customer acts as 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 and in connection with this contract is Munich, to the extent that it has subject-matter jurisdiction, the Munich I Regional Court. Even in the above cases, the seller remains entitled to sue the customer at his general place of jurisdiction.

12.3 Should individual provisions of these General Terms and Conditions be or become invalid, this will not affect the validity of the remaining contractual conditions. In place of the ineffective provisions, the statutory provisions apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole will be ineffective.