General Business Terms and notes for consumers
General terms and conditions for entrepreneurs can be found here (german).
§ 1 General
For all business relationships between LTT-Versand GmbH, represented by Mr. Frank Gottheil (manager), Ferdinand-Braun-Str. 19 in D-46399 Bocholt and the customer (following LTT) shall apply exclusively our general terms of business in its relevant version from the time when placing your order. Conflicting conditions which deviate from our general terms of business will not be recognized by us unless we have agreed to such exclusively in writing.
§ 2 Prices and Forwarding Charges
2.1 All prices are including statutory value added tax plus online forwarding charges.
2.2 The customer can fetch his ordered goods at the place of management of LTT, or the goods will be shipped on account and in the name of the customer by DPD or DHL to the stated address. The forwarding charges are subject to the terms of delivery.
2.3 Subsequent deliveries and all further costs are at the expense of LTT.
2.4 All forwarding charges mentioned above are valid for deliveries within the Federal Republic of Germany and Austria.
§ 3 Conclusion of Contract
3.1 The offers in our online-shop are without engagement. Please note that they are displayed as a non-binding online catalogue. While pressing the button "Buy" you place a binding order of the goods in your shopping cart. Directly after placing the order, LTT will send you automatically a confirmation of receipt of your order. We would like to inform you that this is no acceptance of contract. We accept your order by sending you a confirmation of order per e-mail or by delivery of goods.
3.2 Ordered goods that are not listed in the shipping confirmation of your order are not part of the sales contract.
3.3 The text of the contract will be stored by LTT and you will receive your order data and our general business terms per mail. You can take a look at your last offers in our customer-login.
3.4 The language of the contract is German.
§ 4 Return Policy
4.1 Right of Revocation
You may revoke your contractual statement within a period of two weeks without giving reasons by sending us written notice (e.g. letter, fax, mail) or, if you receive the goods before expiry of this period, by returning the goods to us. The revocation period begins after receipt of this return policy in writing, but not before the goods reach the recipient (in the case of repeated deliveries of similar goods not before the receipt of the first partial delivery), and also not before we have fulfilled our obligations to provide information pursuant to article 246 § 2 in conjunction with $ 1 paragraphs 1 and 2 EGBGB, as well as our duties pursuant to § 312e paragraph 1 clause 1 BGB in conjunction with article 246 § 3 EGBGB. To comply with this time limit it is sufficient to send the notice of revocation or returning the goods in time. The notice of revocation must be addressed to:
4.2 Consequences of Revocation
In the event of a valid revocation, the services received by each party must be restituted and any benefits derived (e.g. interest received) must be returned.
If you are unable, in part or fully, to restitute the service or product received, or are only able to restitute it in a deteriorated condition, you must pay us compensation to the extent that this applies. In the case of the supply of goods, you do not have to pay any compensation in respect of deterioration, if the deterioration has arisen from accurately checking the goods, as would also have been done in a retail shop. By the way, you can avoid the obligation for paying compensation by not using the goods like an owner and refraining from doing anything that could compromise the goods value.
Items which can be sent by parcel post are to be returned at our risk. You must bear the costs of returning the goods if the goods supplied correspond to those ordered, and if the price of the item to be returned does not exceed 40,- euros, or, if it costs more, if at the time of revocation you have not provided consideration or a contractually agreed partial payment. Otherwise, you do not pay anything to send the goods back. Items which cannot be sent by parcel post will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. For the customer, this 30 day period starts with the dispatch of the notice of revocation. For us, this 30 day period starts with the receipt of the notice of revocation or the goods.
§ 5 Costs for Reshipment
When you return goods, the regular costs for reshipment will not be reimbursed, if the goods were correctly supplied and if the price of the returned goods is below the amount of 40,- euros. If the price of the goods exceeds 40,- euros and the customer has not yet performed the service in return or made any contractually agreed partial payment, the customer will bear the costs for reshipment, too. Otherwise the return of goods is free of charge for the customer.
§ 6 Delivery
6.1 LTT delivers from stock to the address stated by the customer, unless both parties agreed something other.
6.2 Please find the delivery time of each product in the respective product description.
§ 7 Settlement and Payment, Default
7.1 Payment has to be effected per cash in advance, cash on delivery, immediate transfer, PayPal, invoice, credit card or cash on pickup. We accept only cash in advance, credit card or PayPal for orders from a member state of the European Union or Switzerland.
7.2 Together with Billsafe we grant our customers to purchase on account. The time allowed for payment is 14 days after receiving the goods. In case of non- payment we have to impose reminder charges according to § 288 BGB (German Civil Code). Delivery address, residence address as well as invoice address must be the same and have to be within Germany. Billsafe is entitled to check and rate consumer data and has the right to exchange these data with other companies or credit enquiry agencies if necessary. In case of a low degree of creditworthiness Billsafe is entitled to refuse payment on account and has to refer to other terms of payment. Your personal data will be treated in accordance with the Data Protection Act and will never be passed to third parties for any advertising purposes. Following link will show you more information about Billsafe (german).
7.3 For cash in advance payments you will receive our banking details within the confirmation of order and we will deliver the ordered goods after receipt of payment.
7.4 If the customer falls behind with payment, LTT shall have the right to claim interests of 5% above the ECB base rate. If LTT is able to prove a higher damage due to default, LTT has the right to assert the claim.
§ 8 Offsetting, Retention
The right to set off a claim is only given when your counterclaim has been legally proved or is uncontested or has been acknowledged by us in written form. You are only entitled to a right of retention, if your claims result from the same contract.
§ 9 Reservation of property rights
We reserve all rights of ownership of the delivered goods until receipt of all payments arising from the business relationship with the customer.
§ 10 Liability for Defects
10.1 Insofar as a defect in the delivered goods is established, the statutory provisions shall be valid. Assignment of those claims is excluded.
10.2 Customer claims for damages or compensation for useless expenditures are subject to this regulation. LTT bears unlimited liability for personal injury, bodily harm or damage to health due to a negligent breach of duty or willful or negligent breach of duty of a legal representative or an employee from LTT. As far as other liability claims are concerned, LTT will only be absolutely liable for the non-existence of guaranteed specifications as well as for premeditation or gross negligence of its legal representatives or managers. In the case of a slightly negligent breach of essential contractual duties which are indispensable for the attainment of the contract purpose LTT can be hold liable only in case of breach of duty of other employees (cardinal duty). In case of slightly negligent breach of contract responsibility is limited to damages which might typically occur under the contract.
10.3 Liability for loss of data is limited to the time and cost for restoring the data that would have been incurred if data backups had duly been made to cover the risk, excluded wilful intent or gross negligence.
10.4 Liability according to the Product Liability Act is not affected.
10.5 If supplementary performance in form of replacement is carried out, it is obligatory to the customer to send back the (faulty) first delivered goods within 30 days to LTT. Delivery costs are on account of LTT. The reshipment of the faulty goods is subject to statutory provisions. LTT reserves the right to assert claims for compensation corresponding to the statutory requirements.
10.6 The limitation period is two years and starts with the handover of the goods to the customer.
§ 11 Collection, Processing and Use of personal data
11.1 Please find information about data kind, amount of data, location and purpose of collection and processing of your personal data by LTT in order for being able to carry out your order in our privacy statement.
§ 12 Notes
12.1 Regulation on packaging
According to the German regulation on packaging you can recycle our delivered sales packaging (shipping package and product package) with the dual recycling system. In case that this is not possible, you can send back the packaging to us free of charge. We will reuse the packaging or will dispose it corresponding to the German regulation on packaging.
12.2 The seller is subject to following codes of behavior
The seller isnít subject to any code of behavior
12.3 Disposing of used batteries
Our products may contain batteries as well as rechargeable batteries and due to the "German Battery Act" we are obliged to inform you about following: It is not allowed to dispose rechargeable batteries and other batteries with the regular garbage. Please note that giving back used batteries and rechargeable batteries is required by law. Furthermore used batteries may contain pollutants which can harm your health and the environment if they are not stored or recycled properly. Batteries contain also some important raw materials like iron, zinc, manganese or nickel and due to the "German Battery Act" you are obliged to give them back so that proper recycling can be ensured. Your used batteries can be brought to a local battery collection point or to your local dealer. As batteries are purchased by us we are obliged to take your used batteries back, too, but please note that this take-back obligation is limited to those batteries that we are actually selling as new batteries or have sold in our product range. Those batteries can be sent back to us free of charge or you can bring them without any costs directly to our distribution warehouse:
Battery collection point pursuant to the German Battery Act.:
Geschäftsführer: Frank Gottheil
Meaning of battery symbols:
All batteries are marked with a crossed out wheel bin. That symbol points out that you are not allowed to dispose batteries and rechargeable batteries with your household waste. Batteries that contain more than 0,0005 % quicksilver by mass, more than 0,002 % cadmium by mass or more than 0,004 % plumb by mass have a chemical description of the respective pollutant under the wheel bin symbol. "Cd" means cadmium, "Pb" means plumb and "Hg" means quicksilver.
Pb: batterie contains more than 0,004 % plumb by mass
Cd: batterie contains more than 0,002 % cadmium by mass
Hg: batterie contains more than 0,0005 % quicksilver by mass
§ 13 Final Provisions
13.1 German substantive law shall govern the whole of the legal relationship. The provisions of UN purchasing law according to the international sales of goods shall be excluded.
13.2 Place of fulfillment and legal domicile for business persons, corporate bodies under public law or special funds regulated by public law, for all claims and legal disputes arising from the contractual relationship is Bocholt. In the event that the customer has no court of jurisdiction in Germany, the same right shall apply.
13.3 Any invalidity within the contract between LTT and the customer including our general terms of business shall not affect the validity of the remaining provisions.
LTT as at January 2013
General terms and conditions for entrepreneurs can be found here (german).