General terms and conditions

1.1 Our offers, services and deliveries are made exclusively on the basis of these terms and conditions. These terms and conditions shall be deemed to have been accepted at the latest upon the conclusion of a contract or upon receipt of the goods or services. Counter-confirmations with reference to our own terms and conditions are hereby expressly rejected. 

1.2 Individual written agreements shall take precedence over these terms and conditions.

2. Offer 

2.1 Our offers are always subject to change and non-binding. 

2.2 We reserve the right to make technical and design deviations from descriptions and information in brochures, catalogs and written documents as well as changes in the course of technical progress without this giving rise to any rights against us.

3. Preise 

3.1 Alle Preise verstehen sich ab Sitz Jüterbog. Entgegenstehende Vereinbarungen müssen schriftlich bestätigt werden. 

3.2 Preisangaben, die sich erkennbar ausschließlich an gewerbliche Kunden richten, verstehen sich im Zweifel zzgl. der gesetzlichen Mehrwertsteuer.

4. Delivery and performance time 

4.1 The dates and deadlines stated by us are non-binding unless expressly agreed otherwise in writing. 

4.2 All delivery promises and dates are subject to correct and timely delivery to us. Partial deliveries are permissible. 

4.3 Delays in delivery and performance due to force majeure and/or due to events that make performance significantly more difficult or impossible for us, e.g. operational disruptions, strikes, difficulties in procuring materials, official orders, etc., entitle us to postpone delivery for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled. We shall inform the customer of the impairments without delay and, in the event of withdrawal, reimburse any consideration due to the customer without delay. 

4.4 Otherwise, we shall only be in default if the customer has set us a grace period of at least 1 month in writing. In the event of default, the customer shall be entitled to compensation for default in the amount of 0.5% for each full week of default, but in total up to 5% of the invoice value of the deliveries and services affected by the default. Any further claims, in particular claims for damages of any kind, are excluded.

5. Warranty and liability 

5.1 The warranty period for new goods is 24 months from the date of transfer of risk for consumers and 12 months for entrepreneurs. In the case of used goods, the warranty period for consumers is 12 months; this is excluded for entrepreneurs. 

5.2 Not applicable 

5.3 We are only obliged to repair or replace the goods if the customer has fulfilled his contractual obligations in full. 

5.4 We shall only be liable for a specific quality if this has been expressly agreed in writing. 

5.5 We shall be liable for intent and gross negligence in accordance with the statutory provisions. In the event of slight negligence, we shall only be liable if an essential contractual obligation (cardinal obligation) is breached or in the event of delay or impossibility. In the event of liability for slight negligence, this liability shall be limited to such damages as are foreseeable or typical, but not exceeding the agreed remuneration. This limitation of liability shall also apply in the case of liability for slight negligence in the event of initial inability on our part. Liability for a specific quality, for fraudulent intent, for personal injury, defects of title, under the Product Liability Act and the Federal Data Protection Act shall remain unaffected. 

5.6 In the event of machine damage, power cuts, strikes, operational and traffic disruptions that make fulfillment impossible or hinder it, we shall not be liable for the duration of the disruption if the disruption was significant and unforeseeable. 

5.7 All other and further claims of the customer against us - for whatever legal reason and also non-contractual claims - are excluded. This applies in particular to any consequential damages, including all losses incurred by the customer as a result of an interruption of operations or a loss of production. The client is obliged to take out appropriate insurance against the relevant risks at its own expense. 

5.8 The limitation period for non-essential breaches of contract shall be limited to two years. 

5.9 All claims directed against us are not assignable without written consent and can only be asserted by the customer itself.

6. Retention of title 

6.1 We reserve title to the delivered goods until the goods have been paid for in full, in the case of entrepreneurs until payment of all claims to which we are entitled and which still arise, irrespective of the legal grounds. 

6.2 Processing or transformation shall always be carried out for us, but without any obligation on our part. If our (co-)ownership right expires due to combination, it is hereby agreed that the customer's (co-)ownership of the uniform item shall pass to us in proportion to its value (invoice value). The customer shall store our (co-)ownership free of charge. Goods to which we are entitled to (co-)ownership are hereinafter referred to as reserved goods. 

6.3 The customer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledges or transfers by way of security are not permitted. The customer hereby assigns to us in full by way of security any claims arising from the resale or any other legal grounds in respect of the goods subject to retention of title. We authorize the customer, subject to revocation at any time, to collect the claims assigned to us for his invoices in his own name. At our request, the customer shall disclose the assignment and provide and submit the necessary information and documents. 

6.4 In the event of access by third parties to the reserved goods, in particular in the event of seizure, the customer must draw attention to our ownership and inform us immediately. Any costs incurred shall be borne by the customer. 

6.5 If the customer acts in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the reserved goods at the customer's expense or, if necessary, to demand assignment of the customer's claim for return against third parties. The repossession or seizure of the reserved goods by us shall not be deemed a withdrawal from the contract, unless the German Instalment Purchase Act applies.

7. Payment 

7.1 Unless otherwise agreed, our invoices are due for payment immediately without deduction. 

7.2 We are entitled to offset payments against the customer's older debt first, despite any provisions of the customer to the contrary. If costs and interest have already been incurred, the payments shall be set off against the costs, then against the interest and finally against the principal claim. 

7.3 If the customer is in default, we shall be entitled to charge interest at the usual bank rate, but at least at the statutory rate, from the relevant date. 

7.4 If the customer does not meet his payment obligations in accordance with the contract or if he suspends his payments, or if we become aware of other circumstances which call the customer's creditworthiness into question, we shall be entitled to declare the entire remaining debt due, to demand advance payments or the provision of security. 

7.5 The customer is only entitled to offset if we expressly agree or if counterclaims have been legally established.

8. Place of performance and jurisdiction 

8.1 The place of performance is Jüterbog. 

8.2 In dealings with customers within the meaning of § 310 para. 1 sentence 1 BGB, Luckenwalde is agreed as the place of jurisdiction, insofar as §§ 38, 40 ZPO do not conflict with this. 

8.3 The law of the Federal Republic of Germany shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.

9. right of withdrawal 

Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity: 

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. To exercise your right of withdrawal, you must inform us

LIDEVO 

Hans Völker 

Zinnaer Vorstadt 

14913 Jüterbog 

Fax: 03372 - 439588 

E-Mail: info@lidevo.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

10. consequences of withdrawal 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

11. Contract partner

LIDEVO 

Zinnaer Vorstadt 43 

14913 Jüterbog 

Managing Director: Hans Th. Völker

Tel. 03372-43 95 88 (Fr.: 9:00-18:00 Uhr und Sa.: 9:00-14:00 Uhr) 

Fax: 03372-40 00 08 

E-Mail: info@lidevo.de

Tax number: 050/284/02335 

VAT ID number: DE 202299175 

Commercial register no.: HRA2895P AG Potsdam 

Place of jurisdiction: Luckenwalde

12. Final clause 

Should individual provisions be or become void, ineffective or contestable, they shall be interpreted or supplemented in such a way that the intended economic purpose is achieved as precisely as possible in a legally permissible manner; the remaining provisions shall remain unaffected. This also applies mutatis mutandis to any omissions requiring supplementation.

Arbitration bodies 

Information portal for any arbitration in online trading: http://ec.europa.eu/consumers/odr/