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LIGHTEU GmbH,
Managing Director Mr Jason JIANG
On the Kummgraben 7, D-53343 Wachtberg
(1) These terms and conditions (‘ Terms ‘ and Conditions ‘) of LIGHTEU GmbH (‘ Sellers ‘) apply to all contracts that a consumer or entrepreneur (‘ Customer ‘) has with the seller regarding the seller in his online shop Contones presented by/or services. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
(2) These terms and conditions apply to the purchase of vouchers, unless anything deviate is expressly regulated.
(3) Consumers within the meaning of these Terms and Conditions shall be any natural person who enters into a legal transaction for purposes which, for the most part, cannot be attributed to either their commercial or independent professional activity. Entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
(1) The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller, but are used to submit a binding offer by the customer.
(2) The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods and/services in the virtual shopping cart and going through the electronic ordering process, the customer shall issue a legally binding contract offer by clicking on the button that closes the order process in Regarding the goods and services contained in the shopping cart. In addition, the customer can also submit the offer by post, by fax, by telephone to the seller.
(3) The seller may 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), insofar as the customer’s access to the order confirmation is relevant, or
– by delivering the ordered goods to the customer, where access to the goods is relevant to the customer, or
– by asking the customer to pay after placing their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
(4) If the customer selects as a payment method as part of the online order process “PayPal Express,” he also issues a payment order to his payment service provider by clicking on the button that closes the order process. In this case, the seller, contrary to paragraph 2.3, already declares the acceptance of the customer’s offer at the time when the customer triggers the payment process by clicking on the button that closes the order process.
(5) The deadline for accepting the offer begins to expire the day after the customer submitting the offer and ends at the end of the fifth day, which follows the sending of the offer.
(6) When making an offer via the seller’s online order form, the text of the contract is stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order, in addition to the present terms and conditions. In addition, the text of the contract is archived on the Seller’s website and can be retrieved free of charge by the Customer via his password-protected customer account by providing the corresponding login data, provided the Customer has created a customer account in the Seller’s online shop before sending his order.
(7) Before placing the order in a binding manner via the seller’s online order form, the customer can constantly correct his entries via the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding placing of the order 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 usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. 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.
Consumer revocation instructions for a contract in which the goods are delivered in a uniform delivery
Cancellation Terms
A consumer is any natural person who completes a legal transaction for purposes that cannot primarily be attributed to commercial or independent occupational activities.
Right of Withdrawal
You have the right to revoke this agreement within fourteen days without giving any reasons. The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods. In order to exercise your right of revocation, you must send us (LightEU GmbH, 0228-26696053,info@lighteu.com, On the Kummgraben 7,53343 Wachtberg) by means of a clear explanation (e.g. a letter sent by post, fax or e-mail) about your decision to sign this contract. Resrevoked, inform. You can use the enclosed sample-withdrawal form, but this is not mandatory. In order to maintain the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of revocation
If you revoke this agreement we will pay back any received payments, including the delivery expenses (with the exception of additional cost as an outcome of choosing another way for delivery instead of the favorable standard delivery offered by us), immediately and not later than fourteen days after your notice of revocation reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for this redemption. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier date. You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the date on which you inform us of the withdrawal of this contract. The time limit is respected if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to a handling of them which is not necessary for the examination of the nature, properties and functioning of the goods.
Sample Withdrawal Form
(If you want to cancel the contract, please fill out this form and send it back.)
-To [LightEU GmbH, info@lighteu.com, Auf dem Kummgraben 7,53343 Wachtberg]:
-Hereby REVOKE (s) I/We (*) the contract concluded by me/US (*) concerning the purchase of the following goods (*)/The provision of the following services (*)
-Ordered on (*)/received am (*)
-Name of the consumer (s)
-Address of the consumer (s)
-Signature of the consumer (s) (on paper only)
-Date
—————————————
(*) Delete the incorrect.
Exclusion or premature termination of the right of withdrawal
The right of withdrawal does not exist for contracts
for the supply of goods which are not prefabricated and for the manufacture 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 which can quickly spoil or whose expiry date would be quickly exceeded;
for the delivery of alcoholic beverages, the price of which has been agreed at the conclusion of the contract but which cannot be delivered until 30 days after conclusion of the contract and whose current value depends on fluctuations in the market to which the trader has no influence;
for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their sealing has been removed after delivery;
for the delivery of goods, if they 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 when the seal has been removed after delivery.
Revocation instruction for consumers for a contract for several goods which the consumer has ordered in the context of a single order and which are delivered separately
Cancellation Terms
A consumer is any natural person who completes a legal transaction for purposes that cannot primarily be attributed to commercial or independent occupational activities.
Right of Withdrawal
You have the right to revoke this agreement within fourteen days without giving any reasons. The withdrawal period shall be fourteen days from the date on which you or a third party designated by you, who is not the carrier, has or has taken possession of the last product. In order to exercise your right of revocation, you must send us (LightEU GmbH, 0228-26696053,info@lighteu.com, On the Kummgraben 7,53343 Wachtberg) by means of a clear explanation (e.g. a letter sent by post, fax or e-mail) about your decision to sign this contract. Resrevoked, inform. You can use the enclosed sample-withdrawal form, but this is not mandatory. In order to maintain the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of revocation
If you revoke this agreement we will pay back any received payments, including the delivery expenses (with the exception of additional cost as an outcome of choosing another way for delivery instead of the favorable standard delivery offered by us), immediately and not later than fourteen days after your notice of revocation reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for this redemption. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier date. You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the date on which you inform us of the withdrawal of this contract. The time limit is respected if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to a handling of them which is not necessary for the examination of the nature, properties and functioning of the goods.
Sample Withdrawal Form
(If you want to cancel the contract, please fill out this form and send it back.)
-To [LightEU GmbH, info@lighteu.com, On the Kummgraben 7,53343 Wachtberg]:
-Hereby REVOKE (s) I/We (*) the contract concluded by me/US (*) concerning the purchase of the following goods (*)/The provision of the following services (*)
-Ordered on (*)/received am (*)
-Name of the consumer (s)
-Address of the consumer (s)
-Signature of the consumer (s) (on paper only)
-Date
—————————————
(*) Delete the incorrect.
Exclusion or premature termination of the right of withdrawal
The right of withdrawal does not exist for contracts
for the supply of goods which are not prefabricated and for the manufacture 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 which can quickly spoil or whose expiry date would be quickly exceeded;
for the delivery of alcoholic beverages, the price of which has been agreed at the conclusion of the contract but which cannot be delivered until 30 days after conclusion of the contract and whose current value depends on fluctuations in the market to which the trader has no influence;
for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their sealing has been removed after delivery;
for the delivery of goods, if they 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 when the seal has been removed after delivery.
Consumer’s right of revocation for a contract for the delivery of a product in several partial services or pieces
Cancellation Terms
A consumer is any natural person who completes a legal transaction for purposes that cannot primarily be attributed to commercial or independent occupational activities.
Right of Withdrawal
You have the right to revoke this agreement within fourteen days without giving any reasons. The period of withdrawal shall be fourteen days from the date on which you or a third party designated by you, who is not the carrier, has or has taken possession of the last part-shipment or the last piece. To exercise your right of revocation, you must use us ([LightEU GmbH, 0228-26696053.Auf dem Kummgraben 7.53343 Wachtberg, info@lighteu.com] for this, and deposit the address in Settings DE.]) By means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample-withdrawal form, but this is not mandatory. In order to maintain the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of revocation
If you revoke this agreement we will pay back any received payments, including the delivery expenses (with the exception of additional cost as an outcome of choosing another way for delivery instead of the favorable standard delivery offered by us), immediately and not later than fourteen days after your notice of revocation reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for this redemption. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier date. You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the date on which you inform us of the withdrawal of this contract. The time limit is respected if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to a handling of them which is not necessary for the examination of the nature, properties and functioning of the goods.
Sample Withdrawal Form
(If you want to cancel the contract, please fill out this form and send it back.)
-To [LightEU GmbH, info@lighteu.com, Auf dem Kummgraben 7,53343 Wachtberg]:
-Hereby REVOKE (s) I/We (*) the contract concluded by me/US (*) concerning the purchase of the following goods (*)/The provision of the following services (*)
-Ordered on (*)/received am (*)
-Name of the consumer (s)
-Address of the consumer (s)
-Signature of the consumer (s) (on paper only)
-Date
—————————————
(*) Delete the incorrect.
(1) If nothing else emerges from the seller’s product description, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
(2) In the case of deliveries to countries outside the European Union, there may be additional costs which the seller is not responsible for and which are to be 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 may be incurred in relation to the transfer of funds even 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) The customer has various payment options at his disposal, which are specified in the seller’s online shop.
(4) If advance payment is agreed, payment is due immediately after the conclusion of the contract.
(1) The delivery of goods is made by way of shipping to the delivery address provided by the customer, unless otherwise agreed.
(2) If the transport company sends the delivered goods back to the seller, since it was not possible to deliver them to the customer, the customer will bear the costs of the unsuccessful shipment. This does not apply if the customer exercises his right of revocation effectively, if he is not responsible for the circumstance which led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller has the goods Performance had announced a reasonable time beforehand.
(3) If the customer trades as an entrepreneur, the risk of accidental destruction and accidental deterioration of the goods sold shall pass to the customer as soon as the seller takes the goods to the carrier, the carrier or the otherwise intended to carry out the shipment. Person or institution. If the customer is acting as a consumer, the risk of accidental destruction and accidental deterioration of the goods sold will not in principle pass until the goods are handed over to the customer or a person entitled to receive them. In contrast to this, the risk of accidental destruction and accidental deterioration of the goods sold already passes to the customer among consumers as soon as the seller takes the goods to the carrier, the carrier or the otherwise to carry out the shipment. Has delivered a specific person or institution if the customer has contracted the carrier, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the contract and the seller has not previously named that person or institution to the customer.
(4) The seller reserves the right to withdraw from the contract in the event of improper or improper self-delivery. This only applies in the event that the non-delivery is not to be represented by the seller and the latter has concluded a concrete cover deal with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or 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) To consumers, the seller reserves ownership of the delivered goods until the purchase price is paid in full.
(2) To entrepreneurs, the seller reserves ownership of the delivered goods until all receivables arising from an ongoing business relationship have been fully settled.
(3) If the customer trades as an entrepreneur, he is entitled to resale the goods subject to retention of title in the proper operation of the business. All resulting receivables against third parties is made by the customer in advance to the seller in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the receivables 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 fulfils his payment obligations to the seller, is not in default of payment and no application for opening of insolvency proceedings is filed.
If there is a defect in the purchase item, the statutory provisions apply. This is different for things that have not been used according to their usual use for a building and whose deficiency has caused:
(1) For entrepreneurs
–, a non-significant defect does not, in principle, constitute any claims for defects,
–, the seller has the choice of the type of supplementary performance,
–, for new goods, the statute of limitations for defects is one year from the transfer of risk.
–, in the case of used goods, the rights and entitlements for defects are excluded in principle.
– the statute of limitations does not start again if a replacement delivery is made as part of the liability for defects.
(2) For consumers, the statute of limitations for claims for defects is
– two years from the delivery of the goods to the customer for new goods.
– for used goods one year from delivery of the goods to the customer, with the restriction of paragraph 7.3.
(3) For entrepreneurs and consumers, the above limitations on liability and limitation in paragraphs in paragraphs 7.1 and paragraph 7.2 do not relate to claims for damages and expenses, which the buyer claims under the statutory provisions due to deficiencies. Promit of paragraph 8.
(4) In addition, it applies to entrepreneurs that the statutory limitation periods for the recusal claim under § 478 BGB remain unaffected. The same applies to entrepreneurs and consumers in the event of deliberate breach of duty and fraudulent concealment of a defect.
(5) If the customer trades as a merchant in accordance with § 1 of the German Civil Code (HGB), the commercial obligation of investigation and reprimand shall be subject to the Commercial duty of investigation and reprimand in accordance with § 377 HGB. If the customer omits the notification duties regulated therein, the goods are considered as approved.
(6) If the customer acts as a consumer, he is asked to claim delivered goods with obvious transport damage from the delivery company and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
(7) If the supplementary performance has been carried out by way of the replacement delivery, the customer is obliged to return the first delivered goods to the seller within 30 days at his expense. The return of the defective goods must be carried out in accordance with the statutory provisions.
The seller shall be liable to the customer for all contractual, contractual and statutory claims for damages and expenses for compensation as follows:
(1) The seller is fully liable for any legal reason
– in the event of wilful intent or gross negligence,
– in the event of negligent or intentional injury to life, body or health,
– on the basis of a guarantee promise, unless otherwise regulated in this regard,
– due to mandatory liability, such as under the Product Liability Act.
(2) If the seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unrestricted liability is held in accordance with paragraph 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 fulfilment of which enables the proper execution of the contract in the first place and on whose observance the customer regularly Can trust.
(3) In addition, the seller’s liability is excluded.
(4) The above liability rules also apply with regard to the seller’s liability for his vicarious agents and legal representatives.
(1) vouchers purchased through the seller’s online store can only be redeemed in the seller’s online store through the dedicated online order form. It is not possible to redeem by phone, letter, fax or e-mail.
(2) vouchers and residual credits of vouchers are redeemable until the end of the third year after the year of the voucher purchase. Residual credits will be credited to the customer’s coupon account by the expiration 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 may be chosen to pay the difference.
(5) In the case of an order, several vouchers can also be redeemed.
(6) A cash payout of vouchers or voucher balances is not possible.
(7) The voucher is intended only for use by the person named on it. A transfer of the voucher to third parties is excluded. Der Verkäufer ist berechtigt, jedoch nicht verpflichtet, die materielle Anspruchsberechtigung des jeweiligen Gutscheininhabers zu prüfen.
(1) The law of the Federal Republic of Germany applies to all legal relations of the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
(2) If the customer acts as a merchant, a legal entity under public law or a public-law special asset based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction shall be governed by all disputes arising from this contract of the The seller’s place of business. If the customer is located outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims under the contract of professional or professional or Commercial activity of the customer. However, in the above cases, the seller is entitled in any case to call the court at the customer’s place of residence.
– The seller has submitted to EHI Retail Institute GmbH’s “EHI Check-in” quality criteria, which can be viewed on the Internet underhttp://www.shopinfo.net/haendler/kriterien/index.html .
– The seller has submitted to the trusted shops quality criteria, which can be viewed on the Internet underhttp://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html .
7th version, as of 02.06.2014