Terms & Conditions
Ledlenser GmbH & Co. KG • 42699 Solingen, Germany
General Terms and Conditions for commercial customers
Current status: January 2020
§ 1 General provisions
(1) All services and deliveries -except those done via the webshop - are subject to the general terms and conditions below. Any deviation therefrom shall require our written consent. (2) Deliveries shall only be made to tradespeople with the relevant documentation.
§ 2 Offers
(1) Our offers are always subject to confirmation and valid for 14 working days, provided no specific acceptance term is expressly mentioned in the offer. Our catalogue and the respective valid price list form part of our offers. Illustrations and specifications of dimensions and weights in our printed materials are non-binding and may be changed at any time without special notice. We likewise reserve the right to change products in terms of design and materials. (2) By placing an order, the customer declares itself capable of paying and creditworthy.
§ 3 Customised goods
(1) The customer’s precise specifications are required for customised goods, in particular in the case of orders concerning the imprinting or lasering of our goods. (2) Any designs created by us shall remain our property, even if partial payment has been made.(3) Designs shall be subject to legal protections.
§ 4 Prices
(1) Unless expressly otherwise stated, the prices quoted by us in our price lists are recommended retail prices (RRP) including VAT. The sales prices valid on the day of delivery shall apply to all declarations of intent.(2) We reserve the expressed right to change list prices on account of changes in cost factors (e.g. raw materials, energy, wages, exchange rates, etc.). Prices may be changed at any time without special notice.
§ 5 Minimum order value
(1) Minimum order value shall be 500 € in the case of a first order of a first-time customer. (2) The minimum order value for every subsequent order shall be 50 € net; lower order values shall be subject to a fixed small-quantities surcharge of 10 € plus VAT per order.
§ 6 Terms of payment for customers in Germany
(1) Payment within 30 days net; a 2% early payment discount is available for payment within 10 days. However, we reserve the expressed right to perform a credit assessment prior to any given delivery and in individual cases to request an alternative method of payment before delivering (prepayment).
(2) Upon the customer’s request and if the requisite bank information is supplied, payment via direct debit (2% early payment discount) may also be agreed. (3) Customers paying in advance are to fax us proof of payment within 3 days of our issuing an order confirmation.
§ 7 Terms of payment for customers outside Germany
(1) Standard method is prepayment; no early payment discount is available In exceptional cases payment after invoicing may also be agreed. (2) In the case of payment after invoicing, payment must be effected within 30 days; no early payment discount is available. Any alternative arrangements shall require our written consent.
§ 8 Terms of delivery
(1) Time of delivery time shall be set according to best available estimate; however unforeseeable events may lead to delays.(2) Delivery shall be considered timely as soon as goods leave our warehouse prior to expiry of the delivery deadline. (3) Damage compensation claims resulting from late or erroneous deliveries shall only be possible in consideration of the provisions of § 8.(4) Our deliveries are made from our Solingen warehouse -- Incoterms FCA (Free Carrier) Solingen. (5) Unforeseen events (e.g. strikes, official measures) shall release us from the obligation to deliver.
§ 9 Late delivery
(1) In the event of our failure to meet a delivery time confirmed in writing, the customer shall be entitled and obligated to set a reasonable grace period for delivery. (2) Should delivery not take place by expiry of this deadline, then the customer shall be entitled to withdraw from the contract or to demand damage compensation on account of default.
§ 10 Refusal to accept delivery
(1) Should the customer refuse to accept our goods, we shall invoice the customer for packaging and shipping costs associated with the delivery.(2) In the event of repeated refusal to accept delivery on the part of the customer, we reserve the right to not accept further declarations of intent, particularly further orders, of that customer.
§ 11 Shipping methods and shipping costs
(1) Deliveries in Germany shall generally shipped via DHL. (2) Larger deliveries shall be shipped by freight carrier.(3) Shipments outside Germany shall be shipped by DHL or by freight carrier, whereby the country in which the customer is seated and the latter’s wishes in this regard shall be taken into account. (4) Shipping costs will be charged for orders shipped within Germany with an order value of under 500 €. Said shipping costs shall amount 4.99 € per package for all methods of payment. (5) In the case of deliveries shipped within Germany with net order values above 500 €, we deliver free of charge. (6) In the case of deliveries shipped outside Germany, the customer shall be invoiced for the specific shipping costs incurred, regardless of the order value of the delivery.(7) Upon the customer’s request we can also ship via express delivery – in particular where DHL Express are desired. (8) In the case of express delivery the customer shall be invoiced for the specific shipping costs incurred.
§ 12 Retention of ownership
(1) All delivered goods shall remain our property until all our receivables deriving from the current terms and conditions, including previous receivables and those arising subsequently, have been paid in full.
(2) The reservation of ownership of goods sold to the customer’s own customers in the normal course of business shall be replaced by the claims of the customer vis-à-vis its own customers to our benefit, which claims shall be considered already transferred to us in the amount of the receivables owed to us by our customer (extended retention of ownership). (3) In the event of legal bankruptcy proceedings against the customer, we shall be entitled to specify goods subject to retention of ownership on our part. (4) These goods shall not be put up as collateral nor pledged as security.
§ 13 Warranty
(1) The customer is obliged to check our goods for defects, quality, completeness and features under warranty. Claims will only be accepted, if we receive notice of defects within two weeks of receipt of the goods. (2) In the event of justified notice of defects, we reserve the initial right to subsequent remedy of the defect, i.e. repairing the defect or delivering goods free of defects. In the event of failed subsequent remedy of the defect, the customer may obtain a purchase rebate or may partially or entirely withdraw from the contract. No further claims on the part of the customer will be accepted. (3) We are only liable for compensation-whatever legal justification- intent and gross negligence; we are only liable for damages due to simple negligence resulting from injury to life, body or health, respectively for damage resulting from a violation of an essential contractual duty (obligations whose fulfillment mainly facilitates the proper performance of the contract).
The aforementioned liability limitations shall not apply if as far as deficiency is concealed maliciously or a guarantee for the quality of the goods was taken. The same applies to the purchaser’s claims under the Product Liability Act. (4) Damage during transport and shipping shall always be claimed from the transporters.
§ 14 Returned goods
(1) Before returning the customer should contact us. Returns that are made without prior notification by the customer, may result in considerable delay in processing, costs for the customer that may occur will not be replaced. (2) The return should not be made with unpaid shipping. Copies of the receipt resp. delivery notes, with which the product was originally delivered to the customer, should be included in the return.
§ 15 Data protection
§ 16 Obtaining Credit Information
The customer declares his consent that we examine the creditworthiness of the customer in the case of an initiation of business, the conclusion of contracts or any other legitimate interest. For this purpose, we will transmit the name and contact details of the customer to Creditreform Solingen, from whom we will receive all necessary data. Information on data processing at Creditreform is available at www.creditreform-solingen.de/EU-DSGVO. The customer can revoke its consent at any time informally (also by phone or by e-mail) for the future, the legality of data received with customers consent and data procession before the date of receipt of the revocation remains unaffected by the revocation.
§ 17 Sundry
(1) Place of execution - including supplementary performance - is Solingen, Germany. (2) The mutual legal relationship shall be exclusively subject to German law. (3) Should individual provisions hereunder be or become ineffective, this shall not affect the effectiveness of the remaining provisions.