GENERAL TERMS AND CONDITIONS

 

Contents:

A. General terms and conditions
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Liability
9. Applicable law
10. Place of jurisdiction
11. Information on online dispute resolution

B. Customer information
1. Information on the identity of the seller
2. Information on the essential characteristics of the goods or services
3. Information about the conclusion of the contract
4. Information about payment and delivery
5. Information about the technical steps leading to the conclusion of the contract
6. Information on the storage of the contract text
7. Information about the technical means to detect and correct input errors
8. Information about the languages ​​available for the conclusion of the contract

1. General terms and conditions
scope

1.1. These general terms and conditions (hereinafter "GTC") of the company "Linus-Handelshaus GmbH" (hereinafter "seller") apply to all contracts that a consumer or entrepreneur (hereinafter "customer") with the seller regarding the seller's online Shop completes goods shown. We hereby object to the inclusion of the customer's own terms, unless otherwise agreed.

1.2. Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity.

1.3. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.

2. Conclusion of contract

2.1. The product presentations contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2. The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3. The seller can accept the customer's offer within five days,

- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or

- by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or

- by asking the customer to pay after placing his order.

If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends on the end of the fifth day following the submission of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4. When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer using his password-protected user account and specifying the corresponding login data.

2.5. Before placing the order on the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The customer can continuously correct his or her entries using the usual keyboard and mouse functions before submitting the order as part of the electronic order process. In addition, all entries are displayed again in a confirmation window before the order is placed and can also be corrected there using the usual keyboard and mouse functions.

2.6. Only the German language is available for the conclusion of the contract.

2.7. Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.

3. Right of withdrawal

3.1. Consumers generally have a right of withdrawal.

3.2. Further information on the right of cancellation can be found in the seller's cancellation policy.

3.3. The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole domicile and delivery address are outside the European Union at the time the contract is concluded.

4. Prices and terms of payment

4.1. Unless otherwise stated in the seller's product description, the prices quoted are total prices that include VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.

4.2. For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3. The customer has various payment options available, which are specified in the seller's online shop.

4.4. If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed otherwise.

5. Delivery and shipping conditions

5.1. The delivery of goods takes place regularly via the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's purchase is decisive.

5.2. If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.

5.3. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the dispatch. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold does not pass until the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer even as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the freight forwarder, the carrier or the person or institution otherwise to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4. The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the seller has, with due care, concluded a specific cover transaction with the supplier. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5. Pickup is not possible for logistical reasons.

6. Retention of title

6.1. The seller retains ownership of the goods delivered to consumers until full payment of the purchase price owed.

6.2. In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.

6.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties in the amount of the respective invoice value (including sales tax) to the seller in advance. This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims itself remains unaffected. However, the seller will not collect the receivables as long as the customer fulfills his payment obligations to the seller, does not fall into arrears and there is no application to open insolvency proceedings.

7. Liability for defects

If the purchased item is defective, the provisions of the statutory liability for defects apply. Deviating from this applies

7.1. If the customer acts as an entrepreneur,
the seller has the choice of the type of supplementary performance;
for new goods, the limitation period for defects is one year from the transfer of risk;
rights and claims due to defects are generally excluded for used goods;
The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2. If the customer acts as a consumer, the following applies to used goods with the restriction of the following section: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period.

7.3. The limitations of liability and reductions in the limitation period governed by the above paragraphs do not apply
for items that have been used for a building in accordance with their normal use and have caused its deficiency,
for claims for damages and reimbursement of expenses of the customer, as well
in the event that the seller has maliciously concealed the defect.

7.4. In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

7.5. If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to examine and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification requirements regulated there, the goods are considered approved.

7.6. If the customer acts as a consumer, he is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8. Liability

The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

8.1. The seller is fully liable for any legal reason
- in the event of intent or gross negligence,
- in the event of negligent or willful injury to life, limb or health,
- based on a promise to guarantee, unless otherwise regulated in this regard,
- due to mandatory liability, such as under the Product Liability Act.

8.2. If the seller negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability in accordance with Section 8.1. Significant contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and the customer can regularly rely on compliance with.

8.3. Incidentally, a liability of the seller is excluded.

8.4. The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9. Applicable law

9.1. The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.

9.2. Furthermore, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.

10. Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled to appeal to the court at the customer's registered office.

11. Information on online dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

B. Customer information

1. Information on the identity of the seller

Linus Handelshaus GmbH
Pappelallee 2
16359 Biensenthal

Telephone: +49 (0) 3337 490314
Internet: www.linus-handelshaus.de
Email: bestellung@linus-handelshaus.de

Managing Director: Friedhart Steinich
Competent court: District court Frankfurt / Oder

HRB 16134FF

No. 065/113/03468

                   

Bank details
Account holder: Linus Handelshaus GmbH
Credit institution: Sparkasse Barnim
IBAN: DE46170520000940046229

BIC: WELADED1GZE

Sales tax identification number according to § 27 a sales tax law: DE815670048

2. Information on the essential characteristics of the goods or services
The essential characteristics of the goods or services result from the respective product description set by the seller.

3. Information about the conclusion of the contract
The contract is concluded in accordance with section 2 of the seller's general terms and conditions (see above).

4. Information about payment and delivery
Payment is made in accordance with section 4, delivery in accordance with section 5 of the seller's general terms and conditions (see above).

5. Information about the technical steps leading to the conclusion of the contract
5.1 To submit his offer via the seller's online order form, the customer must go through the following technical steps:
5.1.1 Insert the desired article in the virtual shopping cart
5.1.2 Enter billing and delivery address
5.1.3 Selection of the desired payment method
5.1.4 Summary of order data
5.1.5 Sending the order
5.2 The seller accepts the goods in accordance with section 2.3 of the seller's general terms and conditions (see above).

6. Information on the storage of the contract text
The text of the contract is saved by the seller and sent to the customer in text form (e.g. by letter, fax, email) together with the present terms and conditions and customer information after the order has been sent. The contract text can no longer be accessed by the customer on the seller's website after submitting his order.

7. Information about the technical means to detect and correct input errors
Before the binding submission of the order, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries before the binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.

8. Information about the languages ​​available for the conclusion of the contract
Only the German language is available for the conclusion of the contract.

Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.