Terms & Conditions
Terms & Conditions
Table of contents
- Scope of Application
- Conclusion of Contract
- Return Costs when making use of the Right Withdrawal
- Prices and Terms of Payment
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects
- Applicable Law
- EU Arbitration Platform
1. Scope of Applicatioin
1.1 These terms and conditions of Lettmann GmbH (hereinafter “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller regarding the goods and/or services presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 A consumer within the meaning of these general terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur within the meaning of these general terms and conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2. Conclusion of Contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
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 and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process . Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or post.
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 e-mail), whereby receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) together with these General Terms and Conditions after the order has been sent. In addition, the text of the contract is archived on the seller's website and can be accessed by the customer free of charge via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3. Return Costs when making use of the Right Withdrawal
If the customer has a right of cancellation, he will be charged the regular costs of returning the goods if he exercises his right of cancellation, unless the delivered goods do not correspond to those ordered. Items that can be sent by parcel are to be sent back to Lettmann GmbH Moers at your own expense.
This means that you as the customer pay for the return shipping to Lettmann GmbH, Moers. We do not accept parcels sent UNPAID. Items that cannot be shipped by parcel (e.g. boats and paddles) will be picked up from you at our expense.
In the event of justified complaints or incorrect shipments for which we are responsible, we will of course reimburse you for the shipping costs.
4. Prices and Terms of Payment
4.1 The prices quoted by the seller are final prices and include statutory sales tax. Any additional delivery and shipping costs 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 for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
4.3 The customer has various payment options available, which are specified in the seller's online shop.
4.4 If payment in advance has been agreed, payment is due immediately after conclusion of the contract.
4.5 If you select the delivery on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed.
5. Delivery and Terms of Shipping
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal by refusing acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance.
5.3 Collection by the customer is possible. Please read our shipping and payment terms.
6. Retention of Title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7. Liability for Defects
The statutory liability for defects applies.
8. Applicable Law
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 has his habitual residence.
9. Arbitration platform according to §§ 36 and 37 VSBG
We do not take part in a dispute settlement procedure before a consumer arbitration board. However, the law on alternative dispute resolution in consumer matters requires that we nevertheless refer you to a consumer arbitration board that is responsible for you:
Zentrum für Europäischen Verbraucherschutz e.V.
77694 Kehl, Germany
Telefon: 07851 / 991480
Resolution of disputes in the field of electronic commerce between entrepreneurs and consumers.
The European Commission provides a platform for online dispute resolution (ODR). You can find the platform at http://ec.europa.eu/consumers/odr/
Our email address is: info(at)lettmann.de