Terms and Conditions for consumers

1. Preface

All contracts concluded with us as well as all shipments and other services are subject exclusively to the following general terms and conditions. Any differing provisions of the contracting party shall be expressly exluded. Subsidiary agreements require our confirmation in writing.

2. Prices

All prices and amounts are quoted in EURO incl. VAT. All shipping costs shall be paid by the customer. Any custom duties incurred for deliveries to countries outside Germany have to be paid by the customer.

3. Offers and Conclusion of Contract

Our product descriptions are only approximate and non-binding. Small technical and physical divergences as well as technical modifications opposite our images or descriptions and details in brochures, catalogues and other written documentation as well as changes in construction, model, material, color, form and/or weight in the course of technical progress are reserved and do not constitute grounds for any claims against us. Contracts will be effective only and exclusively by means of our written confirmation (order confirmation).

 

4. Delivery and Shipment

Delivery within Germany is made against a shipping fee of EUR 6,70 per shipment. If the order value exceeds EUR 400.00 per shipment, the delivery within Germany is made free of charge. For deliveries to other countries, other shipping fees may apply which can be reviewed through clicking on the button "Delivery" .

The shipment and the stated delivery dates takes place under the reservation that we are supplied correctly, in time and completely with regard to the ordered goods and that we are not responsible for the unavailability of the ordered goods.

Compensation on grounds of delayed or incomplete shipment is excluded, provided that the deficiencies in question are not deliberate or due to gross negligence.

Lupus-electronics GmbH does not take any responsibility for delays in delivery and performance due to force majeure circumstances and due to events that substantially impede our delivery or make delivery impossible including in particular strikes, lockouts, official orders, etc., and inclusive such events affecting our suppliers or sub-suppliers including dates and deadlines that have been agreed on definitely. In such cases, we reserve the right by means of notice in writing to the customer to postpone delivery during the time of inability to perform plus an appropriate time for the resumption of its business or to rescind the agreement in whole or in part with regard to those parts of the agreement which are still pending, provided that the delay in delivery and performance is not only short term.

Note about the return of packaging: Packaging that does not carry the mark of a regionwide disposal system (such as "Grüner Punkt" of Duales System Deutschland AG) can be returned by private customers only to the following address: LUPUS-Electronics GmbH, Otto-Hahn-Str. 12, 76829 Landau, Germany. We will then take care of recycling or disposal of the packaging according to regulations of the packaging ordinance.

 

5. Terms of Payment

The payment of goods is made either by bank transfer prior to shipment (advance payment), cash on delivery or via credit card (we accept MasterCard and Visa only)

a) Advance payments shall be made by means of bank transfer. If an order is placed under conditions of advance payment, the customer receives an automatically generated email containing our banking details. The customer shall add his/her first and last name as reference text to the bank transfer. Shipping will take place as soon as our account has been credited. The duration of the bank transfer depends on the weekday and working speed of the involved banks and can take 1 to 5 days.

Banking Details
For domestic bank transfers (Germany only):

Bank Name: Sparkasse Suedliche Weinstrasse

Bank Code: 548 500 10

Account-No: 17 00 11 46 12

Beneficiary: Lupus-Electronics GmbH

For international bank transfers:

Bank Name: Sparkasse Suedliche Weinstrasse

IBAN: DE48 5485 0010 1700 1146 12

SWIFT-BIC: LANS DE 55

Benificiary: Lupus-Electronics GmbH

b) Payments by cash on delivery shall be made in cash to the parcel service. (The payment shall be always prepared as exact amount, since parcel services are often not able to give change in return). Additional collection fees of EUR 7.00 are charged if payment via cash on delivery is chosen by the customer.

Payments by credit card are only available via online order. Credit card data of the customer is always kept secret and submitted with 128bit encryption to the respective credit card company. Additionally a MD5-Hash Code is used to compare credit card information to safeguard the data against misuse. We accept credit cards from Visa® and MasterCard® only.

6. Reservation of Title

We reserve the right of ownership in the sales item until receipt of all payments from the existing current account relationship (business relationship) with the customer; the reservation relates to the acknowledged balance. In the event that the customer acts in a way contrary to the contract, particularly in the event of default in payment, we shall be entitled to take back the sales item.

7. Warranty and Guarantee Terms, Liability

Warranties are granted in accordance with statutory requirements. For all defects that occur during a two year legal period of warranty the customer is entitled to supplementary performance (either removal of defects or replacement) as well as to mitigation and withdrawal if all legal stipulations are met. The customer shall undertake to inspect the deliverables for obvious defects immediately upon delivery and shall notify us immediately in writing of such defects. The violation of this obligation by the customer shall be of no consequence to his warranty rights. No liability shall be assumed for restricted use or damage incurred for the following reasons: unsuitable or improper use, faulty assembly, mount, installation or start-up by the customer or third parties, natural wear, unsuitable operating resources, replacement materials, chemical, electrochemical or electrical influences, unless they are attributable to a fault on the part of the supplier. Further, no liability shall be assumed for faulty or careless handling and/or non-compliance with our user manuals. This applies especially for operation of the objects with wrong current or voltage as well as connection to unsuitable power sources. The same applies for damages and defects incurred for reasons of fire, lightning, explosion or net dependent overvoltages, humidity of any origin, wrong or lacking program-software and/or processing data, except the customer proves, that these conditions are not causal for the criticized defects. No warranty is offered, if the warranty seal on the wireless cameras is torn (e.g. through opening of the camera casing). Mounting and installation of electrical components into motor vehicles must be made by a professional and qualified car service center. If this is executed by the buyer, any warranty or guarantee claims against Lupus-electronics GmbH shall be forfeited. Lupus-Electronics GmbH shall only be liable for damages based on intent or gross negligence. It is not responsible for indirect damages and in particular not for loss of profit, unless such damages have been caused deliberately by the employees of Lupus-electronics GmbH or through the premeditated acts and gross negligence of the official representatives or management of Lupus-electronics GmbH. Except in case of intent and/ or gross negligence Lupus-Electronics GmbH liability shall be limited to the foreseeable damage normally resulting from such negligence upon conclusion of an agreement.

8. Right of Revocation of Private Customers

a) Right of Revocation The private customer may revoke the declaration to conclude a sales contract within a period of 4 weeks in textual form (e.g. by letter, e-mail, facsimile) without stating a reason or by returning the goods. The period commences upon receipt of this legal instruction at the earliest. The deadline can be met by sending the revocation or returning the ordered items. The revocation is to be sent to: Lupus-Electronics GmbH, Otto-Hahn-Str. 12, 76829 Landau

b) Consequendes of Revocation In the event of valid revocation, the received performances are to be returned. If the customer cannot return the received performance in full or in part or only in a worse condition, the customer may be liable for compensation to that extent. Where items have been provided, this shall not apply in so far as the deterioration of the goods is due solely to their inspection - as would have been possible for the customer if the transaction had taken place in a shop. Otherwise, the customer can avoid the duty to compensate by not using the goods as his/her property and refraining from any actions that impair their value. Items are to be returned if they can be sent by parcel post. The customer shall bear the costs for returning the goods if the received items are the items ordered and if the price of the items to be shipped back does not exceed EUR 40.00. Otherwise, the customer shall bear no costs for the return. To get reimbursed for the shipment costs, the customer shall include his/her banking details as well as our RMA-Form which has to be completed accordingly. The customer must meet obligations on the reimbursement of payments within 30 days of request for payment.

9. Applicable Law/ Place of Jurisdiction

As far as legally permissible, the mutually agreed place of jurisdiction is our headquarters in 76829 Landau, Germany. The law of the Federal Republic of Germany under exclusion of the UN sales law applies exclusively.

10. Data Protection

In accordance with the Data Protection Act, we shall be entitled to store and process data on the customer, which was received in connection with the business relations, if the data are necessary for the business relations. It shall make no difference whether these data are received from the customer in person or from third parties. Apart from statutory or official notification obligations, these data shall only be passed on to third parties with the permission of the customer. Furthermore the custumer agrees to receive email for advertising purposes which will be ceased, as soon as the reception of these emails is no longer desired. In this case, the customer may send an email to inform us accordingly.

11. Licenses

Insofar as software belongs to the scope of delivery, this is ceded to the buyer solely for his own use, i.e., he may neither copy it nor allow others to use it. A multiple or transferable right of use requires a special agreement in written form. Otherwise, the rights of the buyer are according to licensing terms of the relevant manufacturer or licensor to whose observance and adherence the buyer hereby agrees.

12. Final Clause

Should one of the aforementioned clauses prove to be completely or partly void, it shall have no effect on the validity of the others.

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