Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application

2. Conclusion of Contract

3. Right of Withdrawal

4. Prices and Payment Conditions

5. Delivery and Shipping Conditions

6. Retention of Title

7. Liability for Defects (Warranty)

8. Liability

9. Special Conditions for the Processing of Goods According to the Customer’s Specifications

10. Applicable Law

11. Place of Jurisdiction

12. Alternative Dispute Resolution

1) Scope of Application

1.1 These Terms and Conditions (hereinafter "T&Cs") of Leiste24 GmbH (hereinafter "Seller") apply to all contracts for the supply of goods concluded between a consumer or an entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented in the Seller’s online shop. The inclusion of the Customer’s own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes which are predominantly outside his trade, business or profession.

1.3 An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of his trade, business or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve to enable the Customer to make a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the order process. Furthermore, the Customer can also submit the offer to the Seller by e-mail, fax, online contact form, post, or telephone.

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 ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or

• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the alternatives first occurs. The acceptance period begins on the day after the Customer sends the offer and ends at the end of the fifth day following the submission of the offer. If the Seller does not accept the Customer’s offer within this period, the offer is deemed to be rejected, with the result that the Customer is no longer bound by his declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the PayPal terms of use available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by a PayPal payment method selectable in the online order process, the Seller declares acceptance of the Customer’s offer at the moment the Customer clicks the button concluding the order process.

2.5 If the Customer selects the payment method “Amazon Payments”, payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), under the Amazon Payments Europe user agreement, available at https://pay.amazon.de/help/201751590. By selecting “Amazon Payments” during the order process and clicking the button concluding the order, the Customer simultaneously issues a payment order to Amazon. In this case, the Seller declares acceptance of the Customer’s offer at the moment the Customer initiates the payment transaction by clicking the order button.

2.6 When submitting an offer via the Seller’s online order form, the contract text will be stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has submitted the order. Beyond that, the Seller does not make the contract text accessible. If the Customer has created a user account in the Seller’s online shop prior to submitting the 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 using the corresponding login details.

2.7 Before placing a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical means to better recognize input errors may be the browser’s magnification function, which enlarges the display on the screen. The Customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button concluding the order process.

2.8 Different languages are available for the conclusion of the contract. The specific selection of languages is shown in the Seller’s online shop.

2.9 Order processing and contact usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that 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 with the order processing 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 is provided in the Seller’s withdrawal policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The payment options are communicated to the Customer in the Seller’s online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless a later due date has been agreed.

4.4 If the Customer selects a payment method offered via the payment service "PayPal", payment is processed via PayPal, which may also use third-party payment service providers. If the Seller offers payment methods via PayPal where the Seller pays in advance (e.g. purchase on account or installment payment), he assigns his payment claim to PayPal or the third-party payment service provider named to the Customer by PayPal. Before accepting the Seller’s declaration of assignment, PayPal or the third-party provider carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the payment method chosen by the Customer in the event of a negative result. If approved, the Customer must pay the invoice amount within the agreed payment period or intervals, and payment can only be made to PayPal or the designated third-party provider with discharge of debt. The Seller remains responsible for general Customer inquiries (e.g. regarding goods, delivery time, dispatch, returns, complaints, withdrawal, or credit notes), even in the event of assignment.

4.5 If the Customer selects a payment method offered via the payment service "Mollie", payment will be processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter "Mollie"). The payment methods offered via Mollie are communicated to the Customer in the Seller’s online shop. Mollie may use further payment services to process payments, which may be subject to specific terms of payment to which the Customer may be separately referred. Further information on Mollie can be found at https://www.mollie.com/de/.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the transaction, the delivery address stated in the Seller’s order processing is decisive. Deviating herefrom, in the case of PayPal payment, the delivery address stored with PayPal at the time of payment is decisive.

5.2 For goods delivered by freight forwarding, delivery is made "free curbside", i.e. up to the nearest public curb at the delivery address, unless otherwise stated in the shipping information in the Seller’s online shop or otherwise agreed.

5.3 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply to the costs of the initial shipment if the Customer effectively exercises his right of withdrawal. For the return costs in case of withdrawal, the Seller’s withdrawal policy applies.

5.4 If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer is a consumer, the risk passes to the Customer upon handover of the goods to the Customer or a person authorized to receive them. Deviating herefrom, if the Customer commissions the carrier or another person to carry out the shipment and the Seller has not named this person to the Customer, the risk passes to the Customer once the goods have been handed over.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a congruent covering transaction with the supplier with due care. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration refunded without delay.

5.6 If the Seller offers collection of the goods, the Customer may collect the ordered goods within the business hours specified by the Seller at the address provided. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller delivers in advance, he retains title to the delivered goods until full payment of the purchase price owed has been received.

7) Liability for Defects (Warranty)

Unless otherwise provided below, the statutory provisions on liability for defects apply. For contracts on the delivery of goods, the following applies:

7.1 If the Customer is an entrepreneur,

• the Seller has the choice of type of subsequent performance;

• the limitation period for claims for defects is one year from delivery of new goods;

• liability for defects in used goods is excluded;

• the limitation period does not recommence if a replacement delivery is made.

7.2 The above-mentioned limitations of liability and reduction of limitation periods do not apply

• to claims for damages and reimbursement of expenses by the Customer,

• if the Seller has fraudulently concealed the defect,

• to goods which have been used for a building in accordance with their usual purpose and have caused its defectiveness,

• to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 For entrepreneurs, statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer is a merchant under § 1 German Commercial Code (HGB), he is subject to the commercial duty to examine and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with this obligation, the goods shall be deemed approved.

7.5 If the Customer is a consumer, he is requested to report goods with obvious transport damage to the deliverer and notify the Seller. If the Customer fails to comply, this has no effect on his statutory or contractual claims for defects.

8) Liability

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:

8.1 The Seller is liable without limitation on any legal grounds

• in case of intent or gross negligence,

• in case of intentional or negligent injury to life, body, or health,

• on the basis of a guarantee promise, unless otherwise regulated,

• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable, contract-typical damage, unless liability is unlimited in accordance with the above provisions. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content for the achievement of the contractual purpose, the fulfilment of which enables the proper execution of the contract in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for his vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to the Customer’s Specifications

9.1 If, under the content of the contract, the Seller owes not only the delivery of goods but also the processing of goods according to the Customer’s specifications, the Customer must provide the Seller with all content required for processing, such as texts, images, or graphics, in the formats, formatting, image, and file sizes specified by the Seller, and grant him the necessary usage rights. The Customer is solely responsible for the procurement and acquisition of rights to these contents. The Customer declares and assumes responsibility that he has the right to use the content provided to the Seller. In particular, he ensures that no third-party rights are infringed, especially copyrights, trademarks, and personal rights.

9.2 The Customer indemnifies the Seller against claims of third parties that they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer’s content by the Seller. In this context, the Customer also assumes the necessary costs of legal defense, including all court and lawyer’s fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obliged to immediately, truthfully, and fully provide the Seller with all information required to examine the claims and defend himself.

9.3 The Seller reserves the right to refuse processing orders if the contents provided by the Customer violate statutory or official prohibitions or offend against common decency. This applies in particular in the event of the provision of unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors, and/or violence-glorifying content.

10) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only 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.

11) Place of Jurisdiction

If the Customer is 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 is the Seller’s place of business. If the Customer’s registered office is 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, provided that the contract or claims under the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller is always entitled to bring an action before the court at the Customer’s place of business.

12) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.