1. scope of application
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us, the
Wolfgang Lemke GmbH
Schallbruch 34a
D-42781 Haan
Managing Director: Wolfgang Lemke
Local court Wuppertal HRB 13404
and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time the contract is concluded shall apply.
(4) We do not accept deviating conditions of the customer. This also applies if we do not expressly object to the inclusion.
2. conclusion of contract
(1) The presentation and advertising of items in our online store does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online store by clicking on the button “Order with obligation to pay”, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order in accordance with § 3 remains unaffected by this.
(3) We will immediately confirm receipt of your order placed via our online store by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) We can only accept orders for deliveries abroad with a minimum order value. The minimum order value can be found in the price information provided in our online store.
(6) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you immediately and refund any payments already received without delay.
3. right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you as a consumer make use of your right of withdrawal according to section 1, you have to bear the regular costs of the return shipment.
(3) In all other respects, the provisions set out in detail in the following shall apply to the right of withdrawal
Cancellation policy:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must send us
Wolfgang Lemke GmbH
Schallbruch 34a
D-42781 Haan (Rhineland)
Fax: 02129-52218
E-mail address: [email protected]
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
– End of the withdrawal policy
(4) The right of withdrawal does not apply to distance contracts
(a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiration date would be exceeded,
(b) for the delivery of audio or video recordings or software, provided that you have unsealed the delivered data carriers.
4. terms of delivery and reservation of advance payment
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins – subject to the provision in para. 3 – upon conclusion of the contract.
(3) In the case of orders from customers with a place of residence or business abroad or if there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of the reservation of prepayment, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
5. prices and shipping costs
(1) All prices quoted in our online store are gross prices including statutory VAT and do not include shipping costs.
(2) The shipping costs are indicated in our prices in our online store. The price including VAT and shipping costs will also be displayed in the order form before you send the order.
(3) If we have received your order in accordance with § 4 para. 1 through partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with § 3, you can demand reimbursement of costs already paid for shipping to you (shipping costs) under the statutory conditions (see § 3 para. 3 for other consequences of revocation).
6 Terms of payment and offsetting and right of retention
(1) The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You can transfer the purchase price and the shipping costs to our account specified in the online store, give us a direct debit authorization or pay by EC/Maestro or credit card. In the case of a direct debit authorization or payment by EC/Maestro or credit card, we will debit your account at the earliest on the date specified in para. 1 regulated point in time. A direct debit authorization is also valid for further orders until revoked.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
7. reservation of title
The delivered goods remain our property until the purchase price has been paid in full.
8. warranty
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller’s warranties given by us for certain items or manufacturer’s warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of para. 1. details of the scope of such warranties are set out in the warranty conditions which may accompany the items.
9. liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall be liable – insofar as 3 – only in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is subject to the provision in para. 3 excluded.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
10. copyrights
We have copyrights to all images, films and texts published in our online store. Use of the images, films and texts is not permitted without our express consent.
11. google analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.
Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
You can object to the collection and storage of data at any time with effect for the future at https://tools.google.com/dlpage/gaoptout?hl=de.
In view of the discussion about the use of analysis tools with complete IP addresses, we would like to point out that this website uses Google Analytics with the extension “_anonymizeIp()” and therefore IP addresses are only processed in abbreviated form in order to exclude the possibility of direct personal references.
12. cookies
We use so-called “cookies”. A cookie is a small text file that is stored on your computer or mobile device and retrieved by it on subsequent accesses. We use cookies to improve and simplify the use of our website. We do not use cookies to store personal information or to pass on information to third parties. You can easily remove cookies from your computer or mobile device via your browser. In the “Help” menu of your browser, you can find out how to deal with cookies and how to delete them. You can refuse cookies or receive a notification each time a cookie is sent to your computer or mobile device.
Please note that the functionality of our online services will not be restricted if you reject cookies.
13. data protection notice
We collect, process and use your personal data, in particular your contact details for processing your order, including your e-mail address, if you provide it to us. To check creditworthiness, information (e.g. also a so-called score value) from external service providers can be used as a decision-making aid and make the payment method dependent on this. The information also includes information about your address.
14 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, i.e. Haan (Rhineland). In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
Conditions of participation “Wish list”
The user of the “Wish list” service agrees that his data (in particular his contact details and the goods he has selected) may be stored electronically, evaluated and forwarded to a retailer designated by him for the purpose of establishing contact. They have the option to object to the storage of their data at any time. In this case, Wolfang Lemke GmbH will immediately delete the data stored about the user from its database.
Wolfgang Lemke GmbH assumes no liability for damages, consequential damages, losses or disadvantages incurred by the user through the forwarding of his data to third parties and through the receipt of third-party data.
Wolfgang Lemke GmbH does not guarantee successful contact, but merely endeavors to establish contact without being obliged to do so. It is not liable if no contract is concluded with the selected retailer.
Wolfgang Lemke GmbH does not itself become a contractual partner if the brokerage leads to the conclusion of a purchase contract. A purchase contract is concluded exclusively between the retailer selected by the user and the user. Any liability of Wolfgang Lemke GmbH due to disruptions of the purchase contract relationship is therefore excluded.
In addition, Sections 11 to 14 of the General Terms and Conditions of Wolfgang Lemke GmbH (as of December 4, 2018) apply, which can be accessed at the following page: www.lemkecollection.de
W. Lemke GmbH General Terms and Conditions 04.12.2018
1. scope of application
These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded between us, the
Wolfgang Lemke GmbH
Schallbruch 34a
D-42781 Haan (Rhineland)
Managing Director: Wolfgang Lemke
Local court Wuppertal HRB 13404
and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
All agreements made between you and us in connection with the purchase contract are based in particular on these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance. The version of the GTC valid at the time the contract is concluded shall apply. We do not accept deviating conditions of the customer. This also applies if we do not expressly object to the inclusion.
2. orders
By placing an order on the basis of our offer – directly or via our representatives – our terms of delivery and payment are recognized. Deviating conditions of the buyer or agreements with our representatives as well as verbal agreements shall only become binding after written confirmation by us. We reserve the right to accept the order. Any commercial processing of our models beyond normal use is only permitted with our written consent.
3. prices
The prices charged are always those valid on the day of delivery. Unless otherwise stated in offers, catalogs and price lists, prices are exclusive of VAT. These prices are subject to the VAT rate applicable on the day of delivery. No claims can be derived from excessive price quotations. Confirmed prices shall only apply if the confirmed quantities are accepted at the confirmed time. They do not apply to repeat orders. Price and cost increases occurring up to the time of delivery shall entitle us to adjust these prices.
4th delivery
Delivery shall be at the customer’s expense and risk. The risk shall pass to the customer when the goods are dispatched by his own or third-party vehicles. If free delivery has been agreed, the transfer of risk shall take place upon arrival of the vehicle at its destination. Delivery shall be made to the ground level of the delivery address or to the nearest place that can be reached by vehicle. The customer must ensure that the goods are taken over and secured at the place of delivery. We are not liable for loss of or damage to the goods after delivery. We are permitted to make advance and partial deliveries. They are independent deliveries. Force majeure and other circumstances beyond our control shall eliminate our delivery obligation in whole or in part. Claims for damages cannot be made on this basis. Delivery dates and deadlines are always non-binding. Non-compliance does not release the customer from the obligation to take delivery. The assertion of claims for damages or replacement procurement as well as withdrawal from the contract due to late delivery are excluded. Packaging is standard for the industry and will be charged. There is no entitlement to return the goods. Damage and shortages must be noted immediately and recorded on the receipt. Claims arising therefrom shall be assigned to us upon request.
5. reservation of title
Our deliveries are made exclusively subject to retention of title. Ownership shall not pass to the customer until he has settled all his liabilities to us. In the case of current accounts, the reserved property serves as security for our balance claim. The customer is entitled to sell and process (combine, mix, etc.) the delivered goods in the ordinary course of business, provided that he passes on our reservation of title. This authorization shall lapse if he has agreed a prohibition of assignment with his customer or a third party or if he is in default with his obligations to us. The customer shall only combine the unpaid goods for a temporary purpose. He shall inform the customer of this with reference to our reserved ownership and our right of removal. Other dispositions, e.g. transfer by way of security, pledging, etc., are prohibited to the customer. The customer must notify us of any seizures, blanket assignments and other impairments of our rights by sending us copies of documents (e.g. seizure protocol). Goods delivered by us must be stored separately and marked as our property. Our customer must take the necessary measures to enable us to take possession of our goods wherever they are located. Extended retention of title: To secure our ownership, the customer shall transfer to us the amount of the sales value of the goods subject to retention of title plus all costs and interest until all his liabilities arising from our deliveries of goods have been settled:
a) the claims against its customers to which it is or will be entitled from the sale, including securities and ancillary rights;
b) the ownership shares in the mixed stock or the new item accruing to him from the combination, mixing or processing. The customer must notify the third party of the transfer and confirm it to us in writing on request, and must also hand over to us the documents required to enforce our rights. If the value of the securities transferred to us exceeds our total claim by more than 20%, insofar as they are recognized in writing by the customer’s purchaser, we shall release securities to this extent. The customer is revocably authorized to collect the claims assigned to us if he fulfills the security obligations incumbent upon him. In the event of default, we shall be entitled to assert our retention of title, to take possession of the delivered goods, to notify our customer’s buyer of the assignment and to collect the claim as well as to demand securities and to utilize the securities provided.
6. payment
Invoices are payable within 10 days of the invoice date with a 2% discount or within 30 days net. Advance or cover payments are not discountable. If a discount is granted, it is a prerequisite that all previous invoices have been settled by then. The invoice amount after deduction of discounts, freight and VAT is decisive for the discount. The buyer’s obligation to pay is only fulfilled when we have received the full amount of our invoice for free disposal. Payments may only be made to persons acting on our behalf upon presentation of an express written authorization to collect or an invoice receipted by us. If there are several claims against the customer, we shall determine the offsetting of incoming payments. Withholding payments is always inadmissible, even in the event of a warranty claim. The customer has no right of set-off and no right of retention.
7. delay
If the payment deadline is exceeded, we shall be entitled to the following rights without express notice of default:
a) immediate retention of our services to the customer;
b) to withdraw from all contracts without granting a grace period or to claim damages for non-performance;
c) Assertion of our retention of title;
d) to claim interest on arrears from the due date in an amount corresponding to the actual damage caused by default;
e) Offsetting of advance payments made by the customer against our outstanding receivables. We are entitled to the same rights if concrete facts in the person or in the economic circumstances of the customer result in changes that indicate an imminent cessation of payment.
8 Complaints and warranty
Complaints regarding incorrect delivery, incomplete delivery or defects in the goods must be received by us in writing and specified no later than one week after acceptance. The customer must inspect the goods immediately after acceptance in order to maintain claims for defects. Defects that cannot be discovered within the complaint period, even after careful inspection, must be reported immediately after discovery. All claims for defects shall be excluded upon expiry of the period for notification of defects. The limitation period for claims is 1 month from written rejection of the complaint by us, otherwise 3 months from acceptance. We do not waive the objection of late or otherwise insufficient notification of defects by negotiating notices of defects. The recognition of claims for defects by us presupposes that we are given the opportunity to inspect the unaltered goods.
Excluding claims for defects to the extent permitted by law (§ 476 BGB), we provide the following warranty: Timely and justified complaints entitle us to rectify defects. If we do not make use of this or if it does not lead to success, we are only obliged to reduce the price or to make a replacement delivery. Claims for damages of any kind are excluded, regardless of whether they are based directly or indirectly (consequential damage) on the defect. This also applies in particular to expenses incurred to rectify the defect and to costs incurred as a result of the loss of use of the goods. We accept no liability: for advice, information, instructions or recommendations given verbally or in writing, or for certain properties of the goods. Even in the event of justified complaints, the customer may not unilaterally delay, reduce or withhold payments or offset them against counterclaims.
9. returns
If goods are returned without our prior express consent, we may refuse to accept them. The goods returned with our consent must be in perfect condition. Returns are carriage paid and always at the sender’s risk, even if we collect the goods. The credit note shall be calculated on the basis of the invoice amount less the expenses incurred by us and any losses in value, but at least a share of 10%.
10 Place of fulfillment and jurisdiction
The place of performance and sole place of jurisdiction for merchants within the meaning of §§ 1 ff HGB (German Commercial Code) with regard to all services, claims and obligations, including those arising from bills of exchange and checks, is the registered office of our company in Haan/Rhld.
Should one of the above provisions or a part thereof be invalid, this shall not result in the invalidity of the remaining provisions. Wolfgang Lemke GmbH, Schallbruch 34a, 42781 Haan near Düsseldorf
Copyright 2021
by LEMKE.
All rights
reserved.
Copyright 2021 by LEMKE. All rights reserved.
