Terms and Conditions of Business and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (Leuchtmittelmarkt Räbel e. K.) via the Internet site www.heidelberg-wallbox.eu/. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is contradicted.
(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, upon conclusion of a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Agreement
(1) The subject of the agreement is the sale of goods.
(2) By posting a respective product on our website we we will submit to you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". By clicking on the corresponding button in the navigation bar you can call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to the order overview page in our online shop.
Before sending the order, you have the possibility to check, change (also using the "back" function of the Internet browser) or to cancel the purchase.
By sending the order via the button "buy" you declare the acceptance of the offer in a legally binding form, whereby the contract is concluded.
(4) Your inquiries for the preparation of an offer are not binding for you. For this purpose we will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and 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 deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 3 Special Agreements on Payment Methods offered
(1) Credit Assessment
If we make advance payments, e.g. payment on account or direct debit, your data will be passed on to Creditsafe Deutschland GmbH, Schreiberhauer Str. 30, 10317 Berlin, Germany, for the purpose of credit assessment based on mathematical-statistical methods in order to protect our legitimate interests. We reserve the right to refuse payment method on invoice or direct debit as a result of the credit assessment.
§ 4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies in addition:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. If you do not properly fulfil your payment obligations, however, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
§ 5 Warranty
(1) The statutory rights to liability for defects apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
(3) Insofar as you are an entrepreneur, the above warranty regulations shall apply in deviation from the above:
a) Only our own specifications and the manufacturer's product description shall be understood as agreed as the quality of the item, but not other advertising, public praise and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our choice either by rectification of the defect or by subsequent delivery. If the rectification of the defect fails, you may, at your option, demand a reduction in price or withdraw from the contract. After a second unsuccessful attempt, the rectification of the defect shall be deemed to have failed, unless something else results from the nature of the item or the defect or other circumstances in particular. In the event of rectification of defects, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, unless the transfer corresponds to the intended use of the goods.
c) The warranty period will be one year from delivery of the goods. The shortening of this period shall not apply:
- culpably caused damages attributable to us from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction is our registered office if you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is not known at the time the action is filed. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of UN sales law are explicitly not applicable.
1.Identity of the Seller
Leuchtmittelmarkt Räbel e. K.
Forchheimer Str. 22
Phone: +49 9194 7251930
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), available at https://ec.europa.eu/odr.
We are prepared to participate in dispute resolution procedures before consumer arbitration bodies.
2. Information on the Conclusion of the Contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and correction possibilities are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Contract Text Storage
3.1 Contract language is German.
3.2 The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you by e-mail again.
3.3 For requests for quotations outside of the online shopping cart system, you will receive all contract data in the context of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and methods of payment
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They contain all price components including all applicable taxes.
5.2 Shipping costs are not included in the purchase price. They can be called up via an appropriately marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free delivery has been promised.
5.3 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.
5.4 Any costs incurred by the money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was arranged outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1 The terms of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
If you are an entrepreneur, the delivery and dispatch is at your risk.
7. Legal Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions