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1. Scope The following General Terms and Conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
Towards entrepreneurs, these Terms and Conditions also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them. 2. Contracting party, conclusion of the contractThe purchase contract is concluded with LUPUS-Electronics GmbH. By listing the products in the online shop, we make a binding offer to conclude a contract for these items. You can first place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained during the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting your order, you will receive a further confirmation by e-mail. 3. Contract language, storage of the contract text
The languages available for concluding the contract are German and English.
We store the text of the contract and send you the order data and our Terms and Conditions by e-mail. You can also view the Terms and Conditions at any time on this page. For security reasons, your past orders are no longer accessible via the internet. 4. Delivery conditions
Shipping costs are added to the product prices stated. You will find further details on the amount of the shipping costs with the respective offers. You generally have the option of collecting your order from LUPUS-Electronics GmbH, Otto-Hahn-Str. 12, 76829 Landau, Germany during the business hours stated below: Monday to Friday from 8:00 to 17:00, except on public holidays. Please inform us at the latest one working day before collection so that we can make the goods ready in our warehouse. 5. Payment
The following payment methods are generally available in our shop: Advance payment If you select advance payment, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment. Cash on delivery You pay the purchase price directly to the delivery agent. An additional charge of 7 Euro applies. PayPal, PayPal Express During the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instruction to us. After you have placed your order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the order process. The payment transaction is carried out automatically by PayPal immediately afterwards. PayPal: an additional charge of 1.7 per cent of the purchase price applies. PayPal Express: an additional charge of 1.7 per cent of the purchase price applies. Invoice The payment method "Invoice" is only available to business customers and only from the second order onwards. Cash payment on collection You pay the invoice amount in cash when you collect the goods. 6. Retention of title The goods remain our property until payment has been made in full. The following applies additionally to entrepreneurs: we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from such resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect these claims, but we may also collect claims ourselves if you fail to meet your payment obligations. 7. Transport damage The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us without delay. Failing to make a complaint or to contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular for your warranty rights. However, you do help us to assert our own claims against the carrier or the transport insurer. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed the item over to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Between merchants, the duty to inspect the goods and to give notice of defects laid down in § 377 of the German Commercial Code (HGB) applies. If you fail to give the notice provided for there, the goods are deemed to have been approved, unless the defect was one that could not be detected during the inspection. This does not apply if we have fraudulently concealed a defect. 8. Warranty and guarantees The statutory liability for defects applies. Information on any additional guarantees that may apply and on their exact conditions can be found with the respective product and on special information pages in the online shop. 9. Liability We are always liable without limitation for claims based on damage caused by us, our legal representatives or our vicarious agents - in the event of injury to life, body or health,
- in the event of an intentional or grossly negligent breach of duty,
- in the event of guarantee promises, insofar as these have been agreed, or
- insofar as the scope of the German Product Liability Act applies.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely (cardinal obligations), caused by slight negligence on the part of us, our legal representatives or our vicarious agents, liability is limited in amount to the damage foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. In all other respects, claims for damages are excluded. 10. Code of conduct We have submitted to the following codes of conduct: Trusted Shops certified and bearing the Trusted Shops quality seal http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf 11. Online dispute resolution Online dispute resolution in accordance with Art. 14 (1) of the ODR Regulation: the European Commission provides a platform for online dispute resolution (ODR), which you will find at http://ec.europa.eu/consumers/odr/. 12. Final provisions If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
This is a translation provided for your convenience. Only the German original is legally binding.
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