General Terms & Conditions (GTC)

General Terms and Conditions (GTC)

 

1. General 
For the business relationship between the company Liedtke-Metalldesign as operator of the online shop,  accessible on the Internet at www.liedtke-metalldesign.eu (hereinafter Liedtke-Metalldesign) and its customers, only the following general terms and conditions (GTC) are applicable in their version which is valid at the time the order is placed . Deviating rules are only valid if they have been agreed in writing between customer and Liedtke-Metalldesign.


 

2. Conclusion of Contract  

2.1 The offers of Liedtke-Metalldesign via Internet are a non-binding invitation for the customer to order goods online . 

2.2  By ordering the desired goods on the Internet, the customer makes a binding offer to conclude a purchase contract. By sending the order by the customer, the purchase contract has not yet come into existence.  

2.3 The customer will receive a confirmation of receipt of the order via email (order confirmation). This confirmation does not constitute acceptance of the offer, but should inform the customer that the order has been received by Liedtke-Metalldesign. Furthermore, the customer is requested to pay the contract price, which is the prerequisite for the acceptance of the offer.

2.4  Liedtke-Metalldesign reserves the right to refuse incoming order requests for economic reasons, even without explanation.

2.5  A sales contract is concluded only if Liedtke-Metalldesign accepts the offer of the customer  by delivering the ordered product to the customer and adding an invoice including a separate hard copy of the General Terms and Conditions (GTC). The purchase agreement is saved by Liedtke-Metalldesign for processing purposes. 

2.6 Liedtke-Metalldesign sells the goods offered in its online shop only to legally competent persons and only in common household amounts.

 

3. Cancellation policy 
Consumer (§ 13 German Civil Code (BGB)) have a statutory right of withdrawal. 

Withdrawal
You can cancel your contract within 14 days without giving reasons in text format (eg letter, fax, email) or - if the goods are dedicated to you before the deadline expires- by returning the item. The period begins upon receipt of this notification in text format, but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before the fulfillment of our obligations as laid down in Article 246 § 2 German Civil Code  in connection with § 1 paragraph 1 and 2 German Civil Code (EGBGB) and our obligations according to § 312g paragraph 1 sentence 1 German Civil Code (BGB) in conjunction with Article 246 § 3 German Civil Code (EGBGB). In order to maintain the revocation period it is sufficient to send the revocation or thing seasonably.

The revocation must be sent to: 

Liedtke-Metalldesign
Daimlerstr. 15
D-25337 Elmshorn
Fax: +49 (0) 4122-405471
Internet: www.liedtke-metalldesign.eu
Email: liedtke-metalldesign@web.de 

Consequences
In case of an effective withdrawal, the mutually received benefits and any benefits (eg interest) have to be surrendered. If you cannot refund the performance and benefits (eg beneficial  use) received in all or partially not or only in deteriorated condition, you will be obliged to pay compensation. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a deal with the matter beyond the testing of the properties and functionality. By "testing the properties and functionality" refers to the testing and evaluation of the respective goods, as it is possible and common in a brick and mortare store. Transportable items are to be returned at our risk. You have to bear the routine cost of return if the delivered goods comply with those ordered and if the price of the goods to be sent back does not exceed an amount of 40 EUR or if the price of the goods to be sent back exceed and amount of 40 EUR but at the time of the revocation you have not yet reciprocated or have not yet made a contracually agreed part payment.  Otherwise the return is free for you. Items not consignable by parcel post will be collected from you.  Obligations to reimburse payments must be fulfilled within 14 days. The period begins for you when you send your cancellation or the goods, for us with their reception.

- End of cancellation policy  -

Exclusion of withdrawal
The right of withdrawal for distance contracts is excluded from goods manufactured according to specific requirements of the customer, or that are not due to their condition suitable for return, or can spoil quickly or whose expiration date has passed. The right does not apply to distance contracts for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed. Likewise, the right of revocation does not apply to distance contracts for the supply of newspapers, periodicals and magazines.

 

4. Delivery

4.1 All items are immediately, if available from stock, delivered to a home address of the customer.

4.2 The delivery time within Germany is, unless otherwise stated in the offer, a maximum of 30 working days. The  delivery time for european and international shipments amounts to, unless otherwise stated, a maximum of 30 working days. 

4.3 If an item is temporarily unavailable, Liedtke-Metalldesign will inform  the customer via email about the expected delivery time, if we have an address from the customer. 

4.4 For delivery delays, such as force majeure, traffic disruption and acts of government, as well as other  occurences for which Liedtke-Metalldesign does not bear responsibility, there is no compensation claim against us . 

 

5. Packing and Shipping 

5.1 Germany. Delivery within Germany is shipping free.

5.2 Europe, Zone-1. For delivery in the member states of the European Union (EU), we charge a postage in subject to the wheight of the items in the shopping basket.

0-5Kg      = 15,00€
5-10Kg    = 25,00€
10-20Kg  = 30,00€
20-31Kg  = 45,00€

Items that exceed the maximum weight of 31kg, or bulky items are optionally delivered by freight forwarding. We will inform you via email about the exact shipping costs for this prior to shipment.

5.3 Norway/Switzerland. For delivery to the countries  Norway, Switzerland we charge a postage in subject to the wheight of the items in the shopping basket.

0-5Kg      = 15,00€
5-10Kg    = 25,00€
10-20Kg  = 40,00€
20-31Kg  = 55,00€.

Items that exceed the maximum weight of 31kg, or bulky items are optionally delivered by freight forwarding. We will inform you via email about the exact shipping costs for this prior to shipment. Orders from Norway and Switzerland will be not charged with german tax (19%) Please note that for shipments duty and taxes must be paid when receiving the goods!

 

6. Payment

6.1 All prices are final, which include the legally applicable VAT (currently 19% in Germany).

6.2 For delivery, the following payment options are possible:

  • All countries: Payment by PayPal,
  • Germany only: COD Cash on delivery (The customer is obliged to pay the purchase price upon delivery of goods). At COD deliveries an additional collection fee of EUR 5.00 will be charged, which is payable by the recipient. The maximum COD amount is 2,500, - EUR. A delivery to a packing station at COD deliveries is impossible, 
  • All countries: Payment in advance (The customer is obliged to transfer the purchase price promptly, stating the order number to the account of Liedtke-Metalldesign.  Liedtke-Metalldesign will process the order as soon as we have received the transfer). When paying in advance, you will receive an email with the exact transfer data. Please enter therefore necessarily your email address and/or phone number in the order so that we can get in touch with you. Please specify in your payment your name and order number, that we can allocate your payment to your order! 

6.3 Until full payment the delivered goods remain our property (retention of title pursuant to §§158, 449 German Civil Code (BGB)). In case of exceeding the agreed payment period, we have to charge reminder and processing fees.

 

7. Warranty 
If any shipping damages to the goods are assessed, the receiver has to make immediate notification of claim towards the carrier (shipping service). Other visible transport damages  shall be asserted ​​within 24 hours of receiving the goods to us in writing to the following address: 

Liedtke-Metalldesign, Daimlerstr. 15, D-25337 Elmshorn, Fax: +49 (0) 4122-405471, email: liedtke-metalldesign@web.de 

We are not liable for defects arising from faulty handling, normal wear or by outside influences.  For repairs to the goods in personal contribution or through a third party, which took place without our written consent, our warranty claim will expire.

 

8. Limitation of Liability 
As long as nothing else arises, further claims of the customer, regardless of the legal reason, are excluded. Liedtke-Metalldesign is not liable for damages that are not caused to the item itself, especially Liedtke-Metalldesign is not liable for lost profits or other financial damages of the customer. As far as the contractual liability of Liedtke-Metalldesign is excluded or limited, this also applies to the personal liability of employees, representatives and agents. The above limitation shall not apply if the damage is caused by intent or gross negligence or a personal injury. It also does not apply if the purchaser claims legal rights. The provisions of the Product Liability Act remain unaffected. 

Unless Liedtke-Metalldesign violates an essential contractual obligation, the obligation to compensate for material damage is restricted to the typically arising damage. 

If the supplementary performance has taken place by way of replacement, the customer is obliged to return the original goods within 30 days to Liedtke-Metalldesign at our expense. The return of the defective product must be in accordance with the law. Liedtke-Metalldesign reserves the right to assert damages under the conditions stipulated by law. The statute of limitations is 2 years. Commencement will take place with delivery of the goods.  

 

9. Privacy Policy 
The information you provide will solely be used to process your orders. All information will be treated in the strictest confidence. A transfer of data to third parties (eg shipping services) is made by us only to the extent necessary for processing the order. Transfer of the order information is encrypted and secure, however we accept no liability for data security during transmission over the Internet (eg due to technical problems of the provider) or for possible criminal access to files of our website. Access for the customer login, which is sent to the customer on his request must be treated as strictly confidential by the customer, as we accept no responsibility for the use and application of these data. 

Please read our full privacy policy.

 

10. Copyright 
All logos, images and graphics are property of their respective owners and are subject to copyright of the licensor. All the pictures, logos, texts, reports, scripts and programming shown here, which are developed by us or have been prepared by us, may not be copied without our consent or otherwise used. All rights reserved.

 

11. Miscellaneous
We have no influence on, if our suppliers take items out of the program and thus are no longer available or have changed in type and design. If the supplier is able to offer a replacement item, we will let you know. A claim for damages for not deliverable items may not be asserted against us. 

We reserve the right to change the price of individual items. 

 

12. Links on our website 
This website contains links to other websites ("external links"). These websites are the responsibility of the operator. The provider has made ​​the first connection to the external links to external content to establish whether there are any legal violations. At the time no violations were found. The provider has no influence on the current and future design and content of linked pages. The inclusion of external links does not mean that the provider adopts the reference or link content to own. A permanent control of external links is not reasonable for the provider without concrete evidence of legal violations. With knowledge of rights violations, such external links will be deleted immediately.

 

13. Validity of Terms 
By placing an order, the general terms and conditions of Liedtke-Metalldesign be recognized. If any provision of these terms and conditions, for any reason, be invalid, the validity of the remaining provisions shall remain unaffected. 

Verbal agreements require written confirmation.

 

14. Applicable Law
German law applies to the exclusion of the UN Sales Convention (CISG).