EUR
Terms and Conditions
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General Terms and Conditions
Linneborn Metallwaren GmbH
As of: 13.07.2020
Linneborn Metallwaren GmbH
Im Langel 30
59872 Meschede
1. General Provisions / Applicability
1.1
Linneborn Metallwaren GmbH offers products for purchase as a commercial provider via its own online shop at the domain https://www.linneborn.com. The following General Terms and Conditions (GTC) apply to all contracts concluded between the customer and Linneborn Metallwaren GmbH via this online shop in electronic commerce.
1.2
Customers within the meaning of these GTC are both consumers and entrepreneurs.
1.2.1
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.2.2
An entrepreneur 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.
2. Conclusion of Contract / Contract Language / Storage of Contract Text
2.1
The products and services listed within the online shop do not constitute binding offers; rather, they represent an invitation to the customer to submit a binding offer by placing an order.
2.2
The customer has the option to select and order products within the online shop. Before submitting the order, Linneborn Metallwaren GmbH allows the customer to check the order details and correct any input errors.
2.3
By sending the order from the virtual "shopping cart," the customer submits a binding order for the items contained therein. Linneborn Metallwaren GmbH will confirm receipt of this order to the customer immediately in text form via e-mail.
2.4
Linneborn Metallwaren GmbH is entitled to accept the customer's contract offer within three working days of receipt of the order. The contract with the customer is only concluded upon the express acceptance of the order by Linneborn Metallwaren GmbH. A binding contract can also be concluded beforehand if the customer chooses an online payment method and makes the payment immediately after sending the order. In this case, the contract is concluded at the time the respective payment service provider confirms the execution of the payment order to the customer.
2.5
The contract language is German.
2.6
The contract text is stored by Linneborn Metallwaren GmbH. The order data together with the contractual provisions, including these GTC, will be sent to the customer separately in text form. The GTC can also be accessed via the website in the online shop. Registered customers have the option of accessing their own order history after sending the order from the virtual "shopping cart" via the internal customer area. Login takes place directly on the website in the online shop by entering the username and the password previously determined by the customer themselves.
3. Prices, Delivery and Shipping Costs / Payment Conditions
3.1
The prices stated in connection with products are final prices and include all price components including the applicable value-added tax. However, the prices are exclusive of delivery and shipping costs.
3.1.1
In the case of cross-border deliveries, additional taxes and/or costs (e.g., customs duties or fees) may be incurred in individual cases, which are to be paid by the customer.
3.1.2
The amount of delivery and shipping costs or more detailed information on the calculation thereof are stated separately within the online shop.
3.2
Linneborn Metallwaren GmbH accepts the listed payment methods made available to the customer for selection. The customer chooses the preferred payment method from the available options.
3.2.1
In the case of payment by bank transfer or PayPal, the customer agrees to pay the purchase price plus any applicable delivery and shipping costs no later than ten days after receipt of the payment request communicated to them, without any deductions. The account details will be provided together with the payment request.
3.2.2
In the case of cash-on-delivery, the purchase price plus any applicable delivery and shipping costs shall be paid at the time of delivery to the transport company carrying out the shipment.
3.3
The customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship.
4. Delivery and Shipping Conditions
4.1
Unless otherwise agreed with the customer, delivery of the goods shall be effected by shipment to the delivery address provided by the customer. Self-collection by the customer is possible; for this purpose, an agreement on a collection appointment is requested.
4.1.1
In the case of payment by advance bank transfer, the purchased items will be shipped within three days after receipt of payment – unless an explicitly shorter or longer delivery period is stated in connection with the product offer.
4.1.2
In the case of cash-on-delivery, the purchased items will be shipped within three days after the contract is concluded – unless an explicitly shorter or longer delivery period is stated in connection with the product offer.
4.2.1
In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the sold goods passes to them upon handover to themselves or an authorized recipient, and in the case of mail-order purchase – even with carriage-paid delivery – upon delivery of the goods to a suitable transport person.
4.2.2
In the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods – even with mail-order purchase – passes to the consumer upon handover of the goods to the consumer.
4.2.3
Handover shall be deemed equivalent if the customer is in default of acceptance.
5. Retention of Title
5.1
Linneborn Metallwaren GmbH retains ownership of the sold goods (reserved goods) until full payment of the purchase price.
5.2
The customer is obligated to treat the reserved goods with care.
5.3
While the retention of title is in effect, the customer is obligated to immediately notify Linneborn Metallwaren GmbH of any third-party access to the goods (e.g., in the event of seizure) as well as any damage or destruction of the goods, and to provide all information and documents required to protect the owner's rights. Third parties must be informed of the foreign ownership.
5.4
In the event of conduct by the customer in breach of contract – in particular in the event of default in payment or in the event of a breach of an obligation under Clause 5.2 and/or 5.3 of these GTC, Linneborn Metallwaren GmbH is entitled to withdraw from the contract and demand the return of the reserved goods.
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6. Right of Withdrawal for Consumers
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
Cancellation Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. In order to exercise your right of withdrawal, you must inform us:
Linneborn Metallwaren GmbH
im Langel 30
59872 Meschede
Email: info@linneborn.com
Fax: +49 (0)2903 – 2017
Tel.: +49 (0)2903 – 7693
by means of a clear declaration (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although it is not mandatory.
You can find the withdrawal form at the end of this page or as a PDF for download: https://www.linneborn.com/media/widerrufsformular.pdf
To meet the withdrawal deadline, it is sufficient that you send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.
You must send back or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiration of the fourteen-day period.
You bear the direct costs of returning the goods. For goods that, due to their nature, cannot be returned normally by post, the costs are estimated at a maximum of approximately 30 EUR.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties, and functionality.
The right of withdrawal in distance selling does not exist:
In the case of the delivery of goods that are not prefabricated and for whose manufacture an individual choice or determination by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer.
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7. Notification of Transport Damages
In the event of transport damage, the customer will support Linneborn Metallwaren GmbH to the best of their ability, insofar as claims are asserted against the respective transport company or transport insurance. Any rights and claims of the customer, in particular their rights in the event of defects in the goods, remain unaffected by the provisions of Clause 7.1 of these GTC; this therefore does not contain any exclusion period for customer rights according to Clause 8 of these GTC.
7.1
The customer shall check the delivered goods upon receipt. In the event of externally visible transport damage, if the delivery is nevertheless accepted, the damage must be noted on the respective shipping documents at the time of acceptance and acknowledged by the deliverer; the packaging must be kept.
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8. Rights in Case of Defects in Goods (Warranty)
Any inquiries and/or complaints of any kind can be directed to Linneborn Metallwaren GmbH at any time via the contact details listed above.
8.1.1
There is no warranty for damages resulting from improper use or handling of the item by the customer.
8.2
If the purchased item is defective, the customer, if and to the extent that the requirements of the statutory provisions on rights in the event of defects are met, has a claim to supplementary performance according to §§ 437 No. 1, 439 BGB (German Civil Code).
8.2.1
Consumers have the choice as to whether supplementary performance should be effected through repair or replacement delivery. However, Linneborn Metallwaren GmbH remains entitled to refuse the chosen type of supplementary performance if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
8.2.2
Vis-à-vis entrepreneurs, Linneborn Metallwaren GmbH initially provides warranty for defects in the goods at its own discretion, either through repair or replacement delivery.
8.2.3
The rights of the buyer in the event of defects as determined in § 437 No. 2 and 3 BGB remain unaffected by the provisions of Clauses 8.2.1 to 8.2.2 inclusive of these GTC.
8.3
Claims and rights of an entrepreneur due to defects shall become statute-barred one year after delivery of the goods to the customer; claims and rights of a consumer due to defects shall become statute-barred two years after delivery of the goods to the customer. The limitation period relaxations associated with these periods do not apply insofar as Linneborn Metallwaren GmbH is liable pursuant to Section 9 of these General Terms and Conditions or if a third party's right in rem is involved, on the basis of which the surrender of the delivery item can be demanded.
8.4
The recourse claims of entrepreneurs determined in §§ 478, 479 of the German Civil Code (BGB) remain unaffected by the provisions of Sections 8.1 up to and including 8.3 of these General Terms and Conditions.
8.5
Obvious defects must be reported by merchants within a period of two weeks from receipt of the goods via the contact details listed above; otherwise, the assertion of the warranty claim is excluded. Timely dispatch of the notice of defect is sufficient to comply with the time limit.
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9. Liability Provisions
9.1
In accordance with statutory provisions, Linneborn Metallwaren GmbH is liable without limitation for damages resulting from injury to life, body or health based on an intentional or negligent breach of duty, as well as for other damages based on an intentional or grossly negligent breach of duty and fraudulent intent. Furthermore, Linneborn Metallwaren GmbH is liable without limitation for damages covered by liability under mandatory statutory provisions, such as the Product Liability Act, as well as in the event of the assumption of guarantees.
9.2
For such damages that are not covered by Section 9.1 and that are caused by simple or slight negligence, Linneborn Metallwaren GmbH is liable insofar as this negligence concerns the breach of contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer may regularly rely (so-called cardinal duties). In this context, the liability of Linneborn Metallwaren GmbH is limited to the foreseeable, contract-typical damages.
9.3
In the event of slightly negligent breaches of such contractual obligations that are covered by neither Section 9.1 nor Section 9.2 (so-called non-essential contractual obligations), Linneborn Metallwaren GmbH is liable to consumers—limited to the foreseeable, contract-typical damages.
9.4
Any further liability is excluded.
10. Final Provisions
10.1
The law of the Federal Republic of Germany shall apply.
10.1.1
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 their habitual residence.
10.1.2
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
10.2
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Linneborn Metallwaren GmbH. The same applies if the customer is an entrepreneur and has no general place of jurisdiction in Germany or if their domicile or habitual residence is not known at the time the action is filed. The authority of Linneborn Metallwaren GmbH to also call upon the court at another legal place of jurisdiction remains unaffected by this.
Linneborn Metallwaren GmbH, Im Langel 30, 59872 Meschede, Germany
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Cancellation Form
If you wish to cancel the contract, please fill out this form and send it back.
To:
Linneborn Metallwaren GmbH
im Langel 30
59872 Meschede
Email: info@linneborn.com
Fax: +49 (0)2903 – 2017
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 the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper communication)
Date
(*) Delete as appropriate.
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Information on Alternative Dispute Resolution – Online Dispute Resolution (ODR)
The EU Commission has created an internet platform for the online settlement of disputes (so-called "ODR platform"). The ODR platform serves as a contact point for the out-of-court settlement of disputes arising from online sales contracts. The ODR platform can be reached at the following link:
http://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court dispute resolution procedure.
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