- Scope of Application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Liability for defects (warranty)
- Redemption of promotional vouchers
- Redeeming gift vouchers
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Leicke GmbH (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these GTC shall apply accordingly, unless otherwise expressly agreed.
1.3 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal effect which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional 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 provide a binding offer by the customer.
2.2 The Customer may submit the offer using the online order form integrated into 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 offer to enter into a contract with respect to the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 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), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the goods ordered to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If several of the above alternatives are available, the contract shall be concluded at the time when one of the above alternatives first occurs. The period for acceptance of the offer begins to run on the day after the customer has sent the offer and ends at the end of the fifth day following the dispatch of the offer.
If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 When an offer is submitted via the Seller's online order form, the text of the contract is saved by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent off his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected user account by entering the relevant login data.
2.6 Before the binding submission of the order via the Seller's online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, which is used to enlarge the display on the screen. Within the electronic ordering process, the Customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 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 by the Seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include statutory value added tax. Any additional delivery and shipping costs that may ocurr are stated separately in the respective product description.
4.2 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 the transfer of money through credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If the payment method "PayPal Credit" (payment by instalments via PayPal) is selected, the seller assigns his payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal shall carry out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the payment method "PayPal Credit" in case of a negative result of the check. If the payment method "PayPal Credit" is permitted by PayPal, the Customer shall pay the invoice amount to PayPal in accordance with the conditions set by the Seller and communicated to the Customer in the Seller's online shop. In this case he can only pay to PayPal with debt discharging effect. However, even in the event of assignment of claims, the Seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes.
4.6 If the SEPA Direct Debit payment method is selected, the invoice amount is due for payment after a SEPA Direct Debit Mandate has been issued but not before the expiry of the deadline for advance information. The direct debit is collected when the ordered goods leave the Seller's warehouse, but not before the expiry of the period for advance information. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit although he is not entitled to do so, the Customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this.
4.7 If the payment method "PayPal direct debit" is selected, PayPal shall collect the invoice amount from the Customer's bank account after a SEPA direct debit mandate has been issued, but not before the expiry of the period for advance information on behalf of the Seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit although he is not entitled to do so, the Customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place by shipping 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 shall prevail.
5.2 If the delivery of the goods fails because of reasons for which the Customer is responsible, the Customer shall bear the Seller's reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the return shipment if the Customer effectively exercises his right of revocation. In the event that the Customer effectively exercises his right of revocation, the provision made in the Seller's revocation instructions shall apply to the costs of return shipment.
5.3 In the case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer can collect the goods at the seller's registered office after consultation with the seller. In this case, no shipping costs will be charged.
5.4 Vouchers are provided to the Customer as follows:
- by download
- by e-mail
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the object of sale is defective, the provisions of statutory liability for defects shall apply.
7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller about this. If the customer fails to do so, this shall not affect his statutory or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers which are issued free of charge by the Seller within the framework of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter "campaign vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Several promotion vouchers can be redeemed in the same order.
8.5 The value of the goods must be at least equal to the amount of the promotion voucher. Any remaining credit will not be refunded by the Seller.
8.6 If the value of the promotion 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.
8.7 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
8.8 The promotion voucher will not be refunded if the Customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
8.9 The promotion voucher is only intended for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9) Redeeming gift vouchers
9.1 Vouchers that can be purchased via the Seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
9.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining credit balances are credited to the Customer until the expiry date.
9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Several gift vouchers can be redeemed in one order.
9.5 Gift vouchers can only be used to purchase goods and not to purchase additional Gift Certificates.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.7 The credit balance of a gift voucher will not be paid out in cash or bear interest.
9.8 The gift voucher is only intended for use by the person named on it. The gift voucher may not be transferred to third parties. The Seller is entitled, but not obliged, to verify the material eligibility of the respective voucher holder.
10) Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of 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 by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
11) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or 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 registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be 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 in any case entitled to call upon the court at the customer's place of business.
12) Alternative dispute resolution
12.1 The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from on-line purchase or service contracts involving a consumer.
12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.