Terms and Conditions
Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The followingbusiness terms are applicable to all the contracts, which you concludewith us as a supplier (Werner Christ GmbH) via the www.lammfelle.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person,legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1)The subject-matter of the contract is the selling of products .
(2) On placingthe product in question on our website,we provide you with a binding offer to concludea sales agreement subject to the conditions specified in the item description.
(3)The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) to receive payments,you will either be guided to our online shop on the order summarypage or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "Place order in conjunction with a liability to pay” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) You are not bound by your enquiries regardingthe creation of an offer that have been conveyedto us. We supply you with a textualand binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correctone, and that the receiptof the respective e-mails is guaranteed. In
particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercisea right of retention if the situationin question involvesclaims arising from the same contractual relationship.
(2)The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retainownership of the goods untilall the claimsarising from the ongoing businessrelationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods withinthe framework of an orderlytransaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involvingthe combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature,we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to bereleased.
§ 4 Warranty
(1)The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request,it shall have no effect on your legal warranty claims.
(3)Insofar as you are a business, the following difference applies to the aforementioned warrantyregulations:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issuedby the manufacturer are not considered to be representative of the properties and condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, whicharise from the transfer of the item to a place otherthan the placeof fulfilment, as far as the transfer does not correspond to the intended use of the item.
c) The warrantyperiod amounts to a periodof one year after deliveryof the product. The reduction in time-limit does not apply:
- to damagesculpably attributable to us arisingfrom injury to life, limb or healthand for otherdamages caused by wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
- to goodswhich are used for a building in accordance with their normaluse instructions and whose defectswere caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.
§ 5 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only appliesto customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our placeof business is the placeof jurisdiction as well as the placeof fulfilment for all servicesthat follow from the business relationships that exist with us. The same conditionapplies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Werner Christ GmbH Werner-Christ-Straße 2
Telephone: 00496745181142 E-Mail: firstname.lastname@example.org
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1Contract language shall be English.
3.2 The completetext of the contract is not savedwith us. Beforethe order is sent, via the online- shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a bindingoffer in writtenform, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The pricesmentioned in the respective offersrepresent total prices,as do the shipping costs.They include all the price components, including all the incidental taxes.
5.2 The dispatchcosts that are incurred are not includedin the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is notconfirmed.
5.3 The paymentmethods that are available to you are shown by clicking the appropriate buttonon our website or are disclosed in the respective quote.
5.4 Unless otherwise specified for the respective paymentmethods, the paymentclaims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The deliveryconditions, delivery date and existingsupply restrictions, if applicable, can be foundby clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degradedduring shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insur