1. Exclusive Validity of the General Terms and Conditions
All deliveries shall be subject exclusively to the terms of payment and delivery of LFT Germany GmbH (Supplier). Any differing provisions of the buyer shall only be effective where individually and expressly agreed by us in writing.
2. Conclusion of the Contract
The contract shall come into existence on receipt of an order confirmation from LFT Germany GmbH or at the latest once the goods ordered are ready for delivery. The buyer shall be bound to the order for a minimum period of two weeks.
LFT Germany GmbH cannot guarantee the availability of any goods listed in the Online Shop. In case of production or delivery problems, LFT Germany GmbH shall have the right to withdraw from the contract. In such case, the buyer shall not be entitled to sue for performance or damages, unless the delivery problems were caused intentionally or by gross negligence on the part of LFT Germany GmbH.
4. Sale to a destination specified by the buyer
The risk of deterioration or loss of the purchased goods shall pass to the buyer on handover for transport.
5. Reservation of Title
All delivery items shall remain the property of LFT Germany GmbH until full payment.
6. Defects and Warranty
All goods supplied by LFT Germany GmbH shall be subject to the statutory warranty period of two years for consumers, commencing on delivery of the goods.
Warranty claims of businesses relating to the delivery of new goods shall be limited to a period of one year from delivery.
We shall not assume any liability for defects and damages arising from unsuitable and improper use or non-observance of mounting, assembly and installation instructions.
Businesses shall be obliged to report obvious defects immediately in writing, or within 14 days from receipt of the goods at the latest. Timely mailing shall be deemed compliance with this obligation. Non-compliance shall bar the right of asserting a claim based on warranty. In addition, § 377 HGB (German Commercial Code) shall apply to business people.
The limitations or exclusions of warranty liability specified in the regulations under 6.1 and 6.3 shall expressly exclude claims for damages based on defects involving injury to life, body or health due to a breach of duty for which LFT Germany GmbH is responsible, and claims for other damages resulting from an intentional or grossly negligent breach of duty on the part of LFT Germany GmbH. The above excluded claims shall be subject to the statutory period of limitation of two years. Limitations and exclusions of warranty claims in general shall not apply where LFT Germany GmbH has furnished a quality warranty or in case of fraudulent concealment of a defect within the meaning of § 444 BGB (German Civil Code).
Any exclusion or limitation of liability on the part of LFT Germany GmbH and any related exception as specified above shall also apply to the personal liability of the employees, staff, legal representatives and vicarious agents of LFT Germany GmbH.
In the event of defects subject to statutory warranty, LFT Germany GmbH shall be obliged, within the warranty period, to ensure free supplementary performance, i.e. to remedy the defects or provide replacement. Consumers as contractual partners shall be free to choose whether supplementary performance shall take the form of remedying the defect or providing replacement. Where special conditions specified by law are met, LFT Germany GmbH shall be entitled to refuse the option of supplementary performance chosen, specifically where this involves a disproportionate amount of costs, whereas the other option of supplementary performance would not result in significant prejudice to the contractual partner.
If the contract involves a company, the type of supplementary performance shall be at the discretion of LFT Germany GmbH.
Where the contract involves business people, claims based on defects may only be filed by the actual buyer and shall not be transferable.
In other respects, LFT Germany GmbH shall be liable for claims for damages – specifically based on tort, organisational negligence, culpa in contrahendo, or any other negligence-based claims arising out of a breach of duty – only where these are based on intent or gross negligence or the damage is due to a breach of material contractual obligations or claims under §§ 1, 4 of the Product Liability Act. The above exclusion from liability in cases of slight negligence shall not apply to damages resulting from injury to life, body or health, or in case of furnishing a quality warranty or fraudulent concealment of a defect within the meaning of § 444 BGB. In these cases, LFT Germany GmbH shall also be liable for slight negligence. The liability laid down above shall also apply to the employees, staff, legal representatives and vicarious agents of LFT Germany GmbH.
8. Prohibition of Offsetting/Right of Retention
The buyer shall not have the right to offsetting or retention unless their counterclaims have become res judicata, have not been contested or have been recognised by LFT Germany GmbH.
9. Applicable Law/Place of Jurisdiction
All disputes arising out of the contract shall be subject exclusively to the law of the Federal Republic of Germany. The provisions of the UN Law on the International Sale of Goods shall be excluded. The place of jurisdiction for disputes between business people and LFT Germany GmbH shall exclusively be Cologne.
10. Written Form
All subsequent changes and additions to this contract of sale and collateral agreements shall be required in writing. The same shall apply to the waiver of written form.
11. Severability Clause
Should any individual provision or any part of any provision of these General Terms and Conditions be or become void or unenforceable, the validity of the remaining provisions hereof shall in no way be affected.
12. Consumers’ Legal Right of Revocation
As the consumer, the buyer shall be bear the costs for a return of goods within the scope of the statutory right of revocation, if the goods delivered correspond to those ordered and the price of the goods to be returned does not exceed EUR 40.00 or, where the price of the goods is higher, if no consideration or a contractually agreed part payment has yet been made at the time of revocation.
Below please find the statutory information on the requirements and consequences of the right of revocation for consumers:
Where you as the consumer have ordered goods for private purposes, you are released from your declaration of intent to enter into contract if this is revoked in good time.
Orders may be revoked without stating reasons. The seller must be notified in writing (e.g. letter, fax, e-mail) of any revocation or the goods returned within two weeks. A timely dispatch of the revocation or the goods shall be deemed compliance with the specified period.
Revocation must be addressed to:
LFT Germany GmbH, Kruppstr. 2a, D-41540 Dormagen,
Fax: 0049 2133 263 501
The revocation period shall only commence on compliance with certain statutory requirements. In the case of electronic orders, e.g. on the Internet, the seller is required to make arrangements to ensure identification of input errors and provide related instructions, and to furnish essential information on the conclusion and content of contracts, the contractual language and the storage of the contractual text. Furthermore, the consumer must also, once again, be provided with essential information on the offer and the contract in text form. The revocation period does not commence until the consumer has received the information on the right of revocation in text form (e.g. letter, fax, e-mail) as a separate, comprehensible instruction. In case of goods deliveries, the period does not commence until receipt of the goods by the recipient. The period commences on the first day after the day on which the last requirement has been met.
If you have financed this contract by means of a loan and revoke the financed contract, you are also no longer bound to the loan agreement if both contracts form an economic unit. This may be assumed in particular where we are also your lender or where your lender uses our services in regard to the financing. If we have already received the loan once the revocation becomes effective or the goods are returned, you may contact us as well as your lender for a reversal of the transaction. The latter does not apply where this contract involves the acquisition of shares, currencies, derivatives or precious metals.
Once a revocation becomes effective, any payments received by either party must be refunded and any advantages (e.g. interest) derived must be returned. Goods that may be sent by parcel post are returned at our expense and risk.
Goods that cannot be sent by parcel post will be picked up from your address at our expense and risk.
However, you will be responsible for bearing the costs of the return if the goods delivered correspond to those ordered and the price of the goods to be returned does not exceed EUR 40.00 or, where the price of the goods is higher, if no consideration or a contractually agreed part payment has yet been made at the time of revocation. Otherwise the return will be free of charge for you.
All financial obligations must be met within 30 days after sending the notice of revocation.
If you are unable to restore in full or in part what has been received in performance of the contract or can only do so in an impaired state, we may in certain circumstances be entitled to demand compensation for lost value.
One of the requirements relating to the obligation of compensation for lost value based on impairments caused by the proper use of the goods is the additional notification of a potential obligation of compensation for lost value and advice on how to avoid this in written form (e.g. letter, fax, e-mail) on conclusion of the contract. An obligation of compensation for lost value does not exist where, for example, the impairment of the goods results solely from their inspection – as would have been possible for you in the shop. An obligation of compensation for lost value can also be avoided by refraining from using the goods as an owner and by avoiding anything that may adversely affect the market value of the goods.
Statutory exemptions from the right of revocation apply (§ 312d section 4 BGB). We reserve the right to invoke the following regulations where the requirements are met:
A right of revocation does not apply to telesales contracts for the delivery of goods which are manufactured according to the customer’s specification or clearly tailored to personal requirements.
End of the Information on the Right of Revocation