GENERAL TERMS AND CONDITIONS OF BUSINESS
of LES VISIONNAIRES GmbH, Kaistr. 16, 40221 Düsseldorf, hereinafter referred to as the seller.
§1 GENERAL, DEFINITIONS
(1) The following General Terms and Conditions (GTC) apply to the business relationship between the seller and the customer in the version valid at the time of the order.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur i. s.d. Terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, act in exercise of their commercial or independent professional activity. customers i. s.d. Terms and conditions are both consumers and entrepreneurs.
(3) Individual contractual agreements take precedence over these GTC. Deviating, conflicting or supplementary terms and conditions do not become part of the contract unless their validity is expressly agreed.
§ 2 CONCLUSION OF CONTRACT
(1) The presentation of the goods on the seller's website does not constitute an offer in the legal sense, but merely an invitation to the customer to submit an offer in the legal sense. The ordered goods may look slightly different than the goods shown on the Internet due to the technical display options. There may be color deviations in this respect.
(2) By clicking the "Buy now" button, you place a binding order for the goods contained in the shopping cart.
(3) The seller will immediately confirm receipt of the customer's order by e-mail.
- a) In the case of payment in advance/bank transfer or Klarna invoice/hire purchase, the purchase contract is not concluded with this order confirmation, but only when a separate e-mail is sent with an order confirmation, a payment request or the delivery of the goods. When paying in advance/bank transfer, the seller is entitled to accept the contract offer contained in the order within 2 working days. It is equivalent to acceptance if the seller delivers the ordered goods within this period.
- b) When paying by credit card, PayPal, Sofortüberweisung, Google Pay or Apple Pay, the contract is already concluded when the customer issues the payment instruction. The condition for an effective conclusion of contract is always that the ordering process is completed when the order is sent.
(4) The conclusion of the contract is subject to the proviso not to pay in the event of non-delivery. This only applies in the event that the non-delivery is not the fault of the seller and he has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. Otherwise, the consideration will be refunded immediately. If the goods are not available, the customer will be informed immediately.
(5) If the customer orders the goods electronically, the text of the contract will be saved by the seller and sent to the customer by email after the contract has been concluded.
§ 3 RESERVATION OF TITLE
(1) In the case of consumers, the seller retains ownership of the goods until the purchase price has been paid in full. In the case of entrepreneurs, the seller retains ownership of the goods until all claims from an ongoing business relationship have been settled in full.
(2) If the customer behaves contrary to the contract, in particular if he is in default of payment, if the customer provides false information about his creditworthiness or if an application is made to open insolvency proceedings, the seller is entitled - if necessary after setting a deadline - to withdraw from the contract and return the goods demand if the customer has not yet provided the consideration or has not provided it in full.
(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. He assigns to the seller all claims i. H. d. invoice amount accruing to him through resale to a third party. The seller accepts the assignment. After the assignment, the entrepreneur is authorized to collect the claim. The seller reserves the right to collect the claim himself as soon as the entrepreneur does not properly meet his payment obligations and defaults on payment.
(4) The seller undertakes to release the securities to which he is entitled at the customer's request insofar as the realizable value of the securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent while the seller.
§ 4 REMUNERATION
(1) The stated purchase price is binding. The purchase price includes the VAT. The additional shipping costs incurred during shipping are included in the "Payment & Shipping" overview. Packaging costs are already included in the shipping costs.
(2) The customer undertakes to pay the total price within 7 days of receipt of the order confirmation by e-mail or the invoice. After the deadline, the customer is in default of payment. During the delay, the consumer owes money i. hv 5 percentage points above the base interest rate. During the delay, the entrepreneur has a monetary debt i. hv 9 percentage points above the base interest rate. The seller reserves the right to claim higher default damages from the entrepreneur. In the event of default with a payment claim, the entrepreneur also owes a lump-sum payment of 40 euros. This also applies if the entrepreneur is in arrears with an advance payment or another installment payment. The seller reserves the right to claim higher default damages from the entrepreneur. The lump sum according to sentence 5 will be credited against an owed claim for damages, insofar as the damage is based on the costs of legal action.
(3) The customer only has a right to set-off if his counterclaims have been legally established, recognized or not disputed by the seller. The buyer's right to offset against contractual and other claims arising from the initiation or implementation of this contractual relationship remains unaffected. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 5 PAYMENT OPTIONS
(1) Customers can pay the purchase price in advance/bank transfer, credit card, PayPal, Sofortüberweisung, Google Pay, Apple Pay or Klarna invoice/hire purchase. The payment options Klarna invoice, Klarna installment purchase and immediate transfer are offered in cooperation with Klarna AB ( www.klarna.de ), Sveavägen 46, Stockholm, Sweden. The payment options Klarna invoice and Klarna installment purchase are only available to consumers.
(2) When paying by credit card, the customer transmits his credit card details as part of the ordering process. After appropriate legitimation, the seller requests the credit card company to initiate the payment transaction after placing the order. The payment transaction is carried out automatically by the credit card company and the credit card is charged.
(4) When paying by immediate transfer, the customer must have an account with a participating bank or savings bank that has been activated for online banking. At the end of the ordering process, the customer is forwarded to an external website. A pre-filled form opens there, which already contains the bank details of the seller as well as the transfer amount and the intended purpose. The customer must then select the country in which they have the account and enter the bank code. The customer can then log in to online banking with their login data (account number and PIN). By entering a TAN, the transfer is initiated and the customer receives the transaction confirmation.
With a few banks, the payment option by direct transfer is not yet available. For more information: https://www.payment-network.com/de/user/sofortueberweisung-bankensuche.html
(5) When paying via Google Pay, the customer needs a Google account and a credit card that has been added to Google Pay.
(6) When paying via Apple Pay, the customer requires an Apple device on which payment via Apple Pay has been activated and a credit or debit card that has been added to Apple Pay. When shopping, the customer does not have to fill out the order form or create a customer account. If the customer makes the purchase with a MacBook Pro, the purchase can be confirmed using Touch ID on the Touch Bar. If the purchase is processed via a MacBook or a Mac without a Touch Bar, the iPhone or Apple Watch take over the ID procedures.
(7) If paying by Klarna invoice, the customer will receive the invoice from Klarna by e-mail. Payment must be made to Klarna and can be made within 14 days. Furthermore, reference is made to Klarna's terms and conditions for purchase on account: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0
(8) When paying by Klarna installment purchase, Klarna initially collects all purchases made by installment purchase with Klarna on a monthly statement. The customer receives the monthly invoice by e-mail. Payment must be made to Klarna and can be made in installments of 1/24 of the total amount, but always at least €6.95. The total amount can also be paid at any time and the installment purchase can be ended. Klarna carries out a credit check. If the customer's creditworthiness cannot be guaranteed, Klarna can refuse the customer payment methods and point out alternative payment options. Reference is made to Klarna's data protection regulations: https://www.klarna.com/de/datenschutz/ . Furthermore, reference is made to Klarna's terms and conditions for installment purchases and to the European standard information for consumer credit: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account .
(9) Further information on the means of payment is available can be found under the FAQ'S, in the customer information and the data protection declaration on the seller's website.
§ 6 SHIPPING
(1) The seller only delivers to the countries specified in the FAQ'S.
(2) The delivery period for deliveries within Germany is shown in the "FAQ'S" overview specified. The beginning of the delivery period is determined (depending on the selected payment method) according to paragraphs 3 to 5.
(3) When paying in advance/bank transfer, credit card, PayPal, Sofortüberweisung, Google Pay or Apple Pay, the delivery period begins one day after the payment order has been issued. For all other payment methods, the period begins one day after the order.
(4) If the start or end of the period falls on a Saturday, Sunday or a public holiday, the start or end of the period is shifted to the following working day.
(5) With regard to the reservation of proper self-delivery, the seller refers to § 2 para. 4 of these General Terms and Conditions.
(6) The seller is entitled to make partial deliveries if a partial delivery is reasonable for the customer, taking into account his interests. This has no influence on the content of the contract, in particular on the service owed by the seller or on the agreed service time. The customer does not incur any additional costs as a result of the partial delivery.
§ 7 PASSING OF RISK
(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the consumer when the goods are handed over, even in the case of mail-order sales.
(2) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur upon handover, in the case of mail-order sales upon delivery of the goods to the freight forwarder, carrier or other person or institution responsible for carrying out the shipment.
(3) The handover is the same if the customer is in default with the acceptance.
§ 8 WARRANTY
(1) The customer is entitled to a statutory warranty right, which is modified according to Sections 8 and 9 of these General Terms and Conditions.
(2) Ordered goods may vary slightly in color from the goods shown on the Internet. Reference is made to Section 2 Paragraph 1 of these General Terms and Conditions.
(3) Consumers have the choice of whether they require supplementary performance through repair or replacement. The seller is entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of companies, the seller initially provides a warranty for defects in the goods by means of repair or replacement delivery, at his own discretion.
(4) If the supplementary performance fails, the customer can either demand a reduction in the purchase price (reduction) or cancellation of the contract (withdrawal); in addition, the customer can demand compensation. If the defects are only insignificant, the customer has no right of withdrawal - taking into account the interests of both parties. Instead of compensation for damages instead of performance, the customer can demand reimbursement of futile expenses within the scope of § 284 BGB, which he made in reliance on receiving the goods and was reasonably allowed to make. If the customer claims damages, the limitations of liability according to § 9 paragraph 1 of these General Terms and Conditions apply.
(5) Entrepreneurs must notify the seller of obvious defects in the delivered goods within a period of 2 weeks from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Timely dispatch or notification is sufficient to meet the deadline. § 377 HGB applies to merchants.
(6) If the customer is an entrepreneur, only the seller's product description is generally deemed to be agreed as the quality of the goods. Public statements, praise or advertising by the manufacturer do not represent the contractual quality of the goods.
(7) The warranty period for consumers is 2 years from delivery of the goods. Deviating from this, the warranty period for entrepreneurs is 1 year from delivery. The one-year warranty period does not apply if the seller can be accused of gross negligence, nor in the case of bodily injury and damage to health attributable to the seller and in the event of loss of life of the customer, in the case of a guarantee and in the case of delivery recourse in accordance with § 478 BGB. The seller's liability under the Product Liability Act remains unaffected.
(8) Contrary to paragraph 7, the regular limitation period applies if the seller has fraudulently concealed a defect.
(9) The seller does not give the customer any guarantees in the legal sense, unless expressly agreed otherwise. Manufacturer guarantees remain unaffected.
ARTICLE 9 LIMITATIONS OF LIABILITY
(1) The seller is not liable for slightly negligent violation of insignificant contractual obligations. This also applies to slightly negligent breaches of duty by the seller's legal representatives or vicarious agents. On the other hand, he is liable for the violation of contractual legal positions of the customer. Significant contractual legal positions are those that the contract has to grant to the customer according to the content and purpose of the contract. The seller is also liable for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can rely.
(2) The above limitations of liability do not apply to customer claims arising from guarantees and/or product liability. Furthermore, the limitations of liability do not apply in the event of fraudulent intent, breach of essential contractual obligations or damage to body or health attributable to the seller or loss of life of the customer.
(3) The seller is only liable for his own content on the website of his online shop. Insofar as links allow access to other websites, the seller is not responsible for the external content contained there. He makes the strange contents not own. If the seller becomes aware of illegal content on external websites, he will immediately block access to these sites.
ARTICLE 10 FINAL PROVISIONS
(1) The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The provisions of the UN sales law do not apply. § 17 paragraph 4 letter o TDSG remains unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the court responsible for the seller's place of business, unless an exclusive place of jurisdiction is given. However, the seller is also entitled to sue the merchant at his place of residence or place of business. The competence, which may be reasoned by a exclusive jurisdiction remains untouched.
(3) We are neither willing nor obliged to participate in dispute settlement procedures before a consumer arbitration board. We ask for your understanding for this. Should you nevertheless have any reason for complaint, we will be happy to help you by telephone or e-mail.
(4) We are obliged to inform you that a corresponding online platform is provided by the European Commission with regard to the so-called online dispute resolution. You can access this platform under the following link: http://ec.europa.eu/consumers/odr . In this context, we are also obliged to provide you with our e-mail address. This is: email@example.com