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 Right of cancellation / exceptions to the right of cancellation / form of cancellation
If the client is an entrepreneur (§14 BGB), he isn´t provided with a statutory right. The statutory right applies only to consumers in terms of §13 BGB.
4.1 Right of cancellation
You can cancel your order within 14 days from the day on which you or a third party indicated by you (other than the carrier) received the goods purchased.
To exercise your statutory right, you must inform us (LTT-Versand GmbH, Ferdinand-Braun-Str. 19, 46399 Bocholt – Germany, telephone: +49(0)2871/234779-0, fax: +49(0)2871/234779-99, e-mail: email@example.com) of your decision to cancel your order by means of a written and explicit declaration (for example a letter sent by mail, telefax or e-mail). You may submit your request by using the attached model form of cancellation, which is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days´ cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse all payments received from you including the delivery charges for the least expensive delivery offered by us, immediately but no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Note that you must send back or hand over the goods immediately and in any case no later than 14 days from the day on which you communicate us your cancellation. To meet the deadline, it is sufficient for you to send the goods before the 14 days´ period has expired. You will have to bear the direct cost of returning these goods if the delivered goods correspond to the ordered ones or if the price of the returning item exceeds an amount of 40 Euros or if, in case of a higher price of the item, you have not yet, at the time of the withdrawal, provided the compensation or have not paid a contractually conditioned partial payment. Otherwise the return is free of charge for you.
You may only be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
4.2. Exceptions to the right of cancellation
The right of cancellation does not apply to the supply of goods made to your specifications or clearly personalized or the delivery of products which are not suitable for return or which may deteriorate or expire rapidly, the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery or to the delivery of newspapers, periodicals or magazines (unless you have given contractual statement for the supply of newspapers, periodicals and magazines by telephone). This applies also to the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparately mixed with other items.
4.3. Model form of cancellation
(If you want to cancel the contract, please fill in this form and send it back.)
D- 46399 Bocholt (Germany)
- Herewith I / we (*) cancel the contract of purchase of the following goods/ the supply of the following service (*)
- ordered on (*) / received on (*)
- name of the customer(s) (*)
- address of the customer(s) (*)
- signature of the customer(s) (*) (only in the case of notice on paper)
(*) Please delete where inapplicable.
§ 5 Cost paying agreement about costs for returning goods/ delivery
5.1. You will have to bear the direct cost of returning goods, if the delivered goods correspond to the ordered ones or if the price of the returning item exceeds an amount of 40 Euros or if, in case of a higher price of the item, you have not yet, at the time of the withdrawal, provided the compensation or have not paid a contractually conditioned partial payment. Otherwise the return is free of charge for you.
5.2. Unless you have expressly agreed otherwise, the deliveries will be made from the LTT´s warehouse to the delivery address indicated by the client.
5.3. Please refer to the respective product descriptions for the delivery period of the goods.
§ 6 Settlement and Payment, Default
6.1 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.
6.2 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).
6.3 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.
6.4 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.
§ 7 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.
§ 8 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.
§ 9 Liability for Defects
9.1 Insofar as a defect in the delivered goods is established, the statutory provisions shall be valid. Assignment of those claims is excluded.
9.2 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.
9.3 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.
9.4 Liability according to the Product Liability Act is not affected.
9.5 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.
9.6 The limitation period is two years and starts with the handover of the goods to the customer.
§ 10 Collection, Processing and Use of personal data
10.1 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.
§ 11 Notes
11.1 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.
11.2 The seller is subject to following codes of behavior
The seller isnít subject to any code of behavior
11.3 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
§ 12 Final Provisions
12.1 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.
12.2 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.
12.3 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 June 2014
General terms and conditions for entrepreneurs can be found here (german).