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of the company LIGHTEU GmbH,
Managing Director: Mr. Jason JIANG
Am Wiesenpfad 43, 53340 Meckenheim
(1) These General Terms and Conditions (hereinafter referred to as "GTC") of the company LIGHTEU GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
(2) These terms and conditions apply accordingly to the purchase of vouchers, unless expressly agreed otherwise.
(3) A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
(1) The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
(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 post, fax or telephone.
(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 the receipt of the order confirmation by the customer is decisive, or
– by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
– by requesting payment from the customer after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time when 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.
(4) If the customer selects "PayPal Express" as the payment method during the online ordering process, he also issues a payment order to his payment service provider by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer in deviation from section 2.3 at the point in time at which the customer triggers the payment process by clicking the button that concludes the order process.
(5) The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.
(6) When submitting an offer via the seller's online order form, the text of the contract will be stored by the seller and sent to the customer in text form after sending his order together with these terms and conditions (e.g. e-mail, fax or letter). In addition, the text of the contract is archived on the seller's website and can be called up free of charge by the customer 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.
(7) Prior to 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 before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
(8) Only the German language is available for the conclusion of the contract.
(9) Order processing and contact are usually carried out by e-mail 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.
Cancellation policy for consumers for a contract in which the goods are delivered in a single delivery
Revocation instructions
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
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 goods or Has. In order to exercise your right of withdrawal, you must inform us (Lighteu GmbH, 0222 5909 8535,info@lighteu.de, Am Wiesenpfad 43, 53340 Meckenheim) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. 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 (except for 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 fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned 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.
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)
– To [Lighteu GmbH, info@lighteu.de, Am Wiesenpfad 43, 53340 Meckenheim ]:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
- Date
—————————————
(*) Delete where not applicable.
Exclusion or early expiry of the right of withdrawal
The right of withdrawal does not apply to contracts
for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded;
for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence;
for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature;
for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery.
Cancellation policy for consumers for a contract for several goods that the consumer has ordered as part of a single order and that are delivered separately
Revocation instructions
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
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 or Has. In order to exercise your right of withdrawal, you must inform us (LightEU GmbH, 0222 5909 8535,info@lighteu.deAm Wiesenpfad 43, 53340 Meckenheim) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. 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 (except for 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 fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned 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.
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)
– To [LightEU GmbH, info@lighteu.de, Am Wiesenpfad 43, 53340 Meckenheim ]:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
- Date
—————————————
(*) Delete where not applicable.
Exclusion or early expiry of the right of withdrawal
The right of withdrawal does not apply to contracts
for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded;
for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence;
for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature;
for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery.
Cancellation policy for consumers for a contract for the delivery of goods in several partial services or pieces
Revocation instructions
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
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 partial shipment or the last item. Has. In order to exercise your right of withdrawal, you must use us ([Lighteu GmbH, 0222 5909 8535,Am Wiesenpfad 43, 53340 Meckenheim, info@lighteu.de] for this purpose, and enter the address in settings DE.]) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory. 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 (except for 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 fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned 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.
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)
– To [Lighteu GmbH, info@lighteu.de,Am Wiesenpfad 43, 53340 Meckenheim]:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
- Date
—————————————
(*) Delete where not applicable.
(1) Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value added tax. Any additional delivery and shipping costs are specified separately in the respective product description.
(2) In the case of deliveries to countries outside the European Union, additional costs may be incurred 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 credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes. Taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money 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.
(3) Various payment options are available to the customer, which are specified in the seller's online shop.
(4) If advance payment has been agreed, payment is due immediately after conclusion of the contract.
(1) The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed.
(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 effectively exercises his right of withdrawal, 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.
(3) If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when 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 goods sold also passes to the customer for consumers 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 commissioned the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment with the execution and the seller had not previously named this person or institution to the customer.
(4) The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and he has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
(5) Self-collection is not possible for logistical reasons.
(1) With respect to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
(2) The seller retains ownership of the delivered goods vis-à-vis entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.
(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 to the seller in advance in the amount of the respective invoice value (including value added tax). This assignment shall apply regardless of whether the reserved goods have been 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 himself remains unaffected. However, the seller will not collect the claims as long as the customer fulfils his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
If there is a defect in the purchased item, the statutory provisions apply. Notwithstanding this, the following shall apply to items that have not been used for a building in accordance with their usual use and have caused its defectiveness:
(1) For entrepreneurs
– an insignificant defect does not give rise to any claims for defects,
– the seller has the choice of the type of subsequent performance,
– in the case of new goods, the limitation period for defects is one year from the transfer of risk.
– in the case of used goods, the rights and claims due to defects are generally excluded.
– the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
(2) For consumers, the limitation period for claims for defects is
– in the case of new goods, two years from delivery of the goods to the customer.
– in the case of used goods, one year from delivery of the goods to the customer, with the restriction of clause 7.3.
(3) For entrepreneurs and consumers, the above limitations of liability and limitation periods in clauses 7.1 and 7.2 do not apply to claims for damages and reimbursement of expenses which the buyer can assert in accordance with the statutory provisions due to defects in accordance with clause 8.
(4) In addition, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected for entrepreneurs. The same applies to entrepreneurs and consumers in the event of intentional breach of duty and fraudulent concealment of a defect.
(5) If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
(6) If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
(7) If the supplementary performance has been carried out by way of a replacement delivery, the customer is obliged to return the goods delivered first to the seller within 30 days at the seller's expense. The defective goods must be returned in accordance with the statutory provisions.
The seller shall be liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
(1) The Seller shall be liable without limitation for any legal reason
– in the event of intent or gross negligence,
– in the event of negligent or intentional injury to life, limb or health,
– on the basis of a guarantee promise, unless otherwise stipulated in this regard,
– due to mandatory liability, such as under the Product Liability Act.
(2) If the Seller negligently violates an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with Section 8.1. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.
(3) In all other respects, liability on the part of the seller is excluded.
(4) The above liability provisions shall also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
(1) Vouchers purchased via the seller's online shop can only be redeemed in the seller's online shop using the online order form provided for this purpose. Redemption by telephone, letter, fax or e-mail is not possible.
(2) Vouchers and remaining balances of vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer's voucher account until the expiry date.
(3) Vouchers can only be used for the purchase of goods and not for the purchase of further vouchers.
(4) If the value of the voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
(5) Several vouchers can also be redeemed for one order.
(6) A cash payment of vouchers or voucher credit is not possible.
(7) The voucher is only intended for use by the person named on it. A transfer of the voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
(1) All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
(2) If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be 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 always entitled to appeal to the court at the customer's registered office.
– The seller has submitted to the "EHI Geprüfter Online-Shop" quality criteria of EHI Retail Institute GmbH, which can be viewed on the Internet at http://www.shopinfo.net/haendler/kriterien/index.html.
– The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html.
7. Version, as of 02.06.2014
—— END OF TERMS AND CONDITIONS ——
