Terms and Conditions
General Terms and Conditions
§1 Scope (1) The following terms and conditions are an integral part of every contract between Lanz GmbH, Häuslesäcker 4, 89198 Westerstetten, represented by Jochen Lanz, resident there (hereinafter: Lanz GmbH) and the client (hereinafter: client) as well as their legal successors. (2) Lanz GmbH provides services, performances and deliveries exclusively on the basis of these General Terms and Conditions. § 2 Data Protection With regard to data protection, our data protection information shall apply. § 3 Contract / Contractual Services (1) The product presentation of Lanz GmbH, in particular in brochures, advertisements and on the Internet, does not constitute a binding offer by Lanz GmbH. (2) In the case of payment by bank transfer (advance payment), the contract shall be concluded when the order confirmation is sent to you by e-mail. In the case of cash on delivery payment methods, the contract is concluded by sending a separate shipping confirmation by e-mail and sending the ordered product to the delivery address provided by you. In the case of self-collection, the conclusion of the contract takes place with the handing over of the goods. (3) Lanz GmbH reserves the right to refuse customer requests in individual cases. (4) Orders and delivery addresses outside the Federal Republic of Germany will not be accepted. Any payments already made will be returned or credited to the credit card account. § 4 Terms of Delivery / Shipping Costs (1) Delivery shall be made from the warehouse of Lanz GmbH to the delivery address specified by the Client, unless a deviation has been agreed upon in writing. (2) Partial deliveries shall be permissible and shall be deemed to be independent deliveries, unless a partial delivery is exceptionally unreasonable for the Customer. Any additional costs incurred as a result thereof shall not be charged to the Customer. (3) Lanz GmbH shall endeavor to meet the specified deadlines. If Lanz GmbH is in default, the Client may withdraw from the contract in accordance with the following provisions. (4) Orders as well as any services shall only be fulfilled by Lanz GmbH if there are no payment arrears from other contracts. Payments shall first be offset against outstanding receivables, interest and costs, in the chronological order of their respective due dates. § 5 Statute of Limitations / Passing of Risk (1) The statute of limitations for claims arising from liability for material defects is 24 months and begins with the handover of the purchased item. If the customer is an entrepreneur (§ 14 BGB), the period is 12 months from the handover of the item. (2) For merchants, the legal provisions, inspection and complaint obligations according to the German Commercial Code (HGB) shall apply. (3) Transfer of risk in case of shipment The delivery of the purchased goods shall be effected by sending the object of purchase to the address notified by the Buyer. If the Buyer is an entrepreneur and requests the shipment of the goods to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the object of purchase shall pass to the Buyer as soon as the object of purchase has been handed over by Lanz GmbH to the shipping company, the forwarding agent or the carrier. In the case of a consumer, the statutory provisions shall apply. § 6 Terms of payment (1) The prices listed on the website www.dreirad-elektrodreirad.de at the time of the order shall apply. (2) The purchase price is due immediately upon conclusion of the contract. Payment for the goods shall be made at the customer's discretion by means of one of the payment methods displayed during the ordering process. (3) All prices are to be understood as end customer prices including the statutory value added tax. (4) If the Client is in default of payment, the Client shall be obligated to pay interest on arrears in the amount of 5% above the base interest rate to Lanz GmbH if the Client is a consumer (§ 13 BGB). If the Client is an entrepreneur (§ 14 BGB), § 6 para. 4 sentence 1 shall apply with the proviso that the default interest rate shall be 8% above the base interest rate. (5) Irrespective of § 6 para. 4, Lanz GmbH shall be at liberty to prove higher damages caused by default as well as other damages. (6) The Client shall only be entitled to set-off if the counterclaims are undisputed or have been legally established. As an entrepreneur, the customer shall only be entitled to assert a right of retention on the basis of counterclaims arising from the concluded contract. (7) For return debit notes from direct debit or credit card reversals, Lanz GmbH reserves the right to charge a reasonable processing fee to be determined in each individual case, unless the Customer is not responsible for the return debit note or credit card reversal. (8) All shipping costs, in particular packaging, transport costs, transport insurance and deliveries shall be borne by the Customer. All prices and ancillary costs shall be calculated in accordance with the price lists used by Lanz GmbH at the time the goods are made available and dispatched. (9) If Lanz GmbH incurs additional shipping costs due to the provision of an incorrect delivery address or an incorrect addressee, these costs shall be reimbursed by the Client, unless the Client is not responsible for the incorrect information. § 7 Retention of Title Until all claims, including balance and ancillary claims, to which Lanz GmbH is entitled against the Client now or in the future for any legal reason whatsoever have been satisfied, Lanz GmbH shall retain title to the delivered goods. § 8 Limitation of Liability / Release from Liability (1) With the exception of injury to life, body and health and the violation of essential contractual obligations (cardinal obligations), Lanz GmbH shall only be liable for damages that are attributable to intentional or grossly negligent conduct. This shall also apply to indirect consequential damages such as, in particular, loss of profit. (2) Liability towards consumers shall be limited to damages typically foreseeable at the time of conclusion of the contract and otherwise to the amount of average damages typical for the contract, except in the case of intentional or grossly negligent conduct or in the case of damages resulting from injury to life, body or health and the breach of essential contractual obligations (cardinal obligations). This shall also apply to indirect consequential damages, such as in particular loss of profit. (3) Except in the case of injury to life, body and health or intentional or grossly negligent conduct on the part of Lanz GmbH, liability vis-à-vis entrepreneurs shall be limited to damages typically foreseeable at the time of conclusion of the contract and otherwise limited in amount to the average damages typical for the contract. This shall also apply to indirect damages, in particular lost profits. (4) The limitation of liability of paragraphs 1 to 3 shall also apply mutatis mutandis in favor of the employees and vicarious agents of Lanz GmbH. (5) Claims for liability based on the Product Liability Act shall remain unaffected. § 9 Applicable Law / Final Provisions (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. Mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected. (2) If the Client is a merchant, a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction in Germany, or moves his place of residence abroad after the conclusion of the contract, or if his place of residence is unknown at the time the action is filed, the place of performance and the place of jurisdiction for any disputes arising from our contract shall be the registered office of Lanz GmbH. (3) Should individual provisions of this contract be invalid or contradict the statutory regulations, this shall not affect the remainder of the contract.
§ 10 Cancellation policy
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period.
The revocation is to be addressed to:
Lanz GmbH Managing Director: Jochen Lanz Häuslesäcker 4 , 89198 Westerstetten email@example.com Fax 07348-9820847
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the performance received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss in value. This shall not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the goods as your property and refrain from doing anything that would reduce their value. Goods that can be sent by parcel are to be returned at our risk. Return for you free of charge. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your cancellation or the goods, for us with their receipt.
1. content of the online offer
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author, which refer to damages of material or idealistic kind, which were caused by the use or disuse of the presented information and/or by the use of incorrect and incomplete information, are in principle impossible, if on the part of the author no as can be prove deliberate or roughly negligent being to blame for is present.
All offers are subject to change and non-binding. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
2. references and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages.
The author hereby expressly declares that at the time the links were created, no illegal content was identifiable on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. Therefore, he hereby expressly dissociates himself from all contents of all linked pages that were changed after the link was set. This statement applies to all links and references set within the author's own Internet offer as well as to external entries in guest books, discussion forums and mailing lists set up by the author. For illegal, incorrect or incomplete contents and especially for damages resulting from the use or non-use of such information, only the provider of the linked page is liable, not the one who has linked to the respective publication.
3. copyright and trademark law
The author endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by himself or to use license-free graphics, sound documents, video sequences and texts.
All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties!
The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
4. data protection
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished. We expressly reserve the right to take legal action against the senders of so-called spam mails in the event of violations of this prohibition.
5. legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
6. right of revocation
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must inform us
Tel: 0049 (0) 7348-9820845
by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of the cancellation policy