Terms and conditions

The company

Lampen Schubert
Bernd M. Schubert
Wickratherstr. 17-19
41236 Mönchengladbach

is hereinafter referred to as seller.

§ 1 General

1. Through the website www.lampen-schubert.de the seller offers a variety of lamps for home use. The following terms and conditions govern the contractual relationship between the seller and the customer. The version of the terms and conditions at the the time at the conclusion of contract applies.

2. Consumers in these terms and conditions are individuals who enter into the transaction for a purpose that is neither commercial nor attributed to self-employment.

3. Enterprises in these terms and conditions are natural or legal persons or partnerships with a legal personality who enter into the transaction for a commercial purpose or a purpose

4. Individual contractual agreements take precedence over these terms and conditions. Differing, conflicting or additional terms and conditions are not part of the contract unless their validity is explicitly agreed upon.

§ 2 Conclusion of Contract

1. Ordered goods may vary slighty from the images displayed on this website. This relates in particular to slight variations of colour which also can be caused by the buyer’s display settings.

2. Customers can be place orders in writing by mail, via fax, via email or via the online form on the website. The customer's order is a binding offer to conclude a contract of the ordered goods. By completing the electronic order process and clicking of the button “Order Paid” the customer places a binding order of the goods contained in his goods basket.

3. The purchase contract is validated by the email confirmation of the order. This email confirmation is sent to the buyer immediately after placing an order.

4. The seller is entitled to accept the contract offer within two weeks. If the order is placed via email or fax the seller is entitled to accept the contract offer within five business days. If the sellers delivers the ordered goods within this timeframe the contract becomes valid.

5. The conclusion of contract takes places under the proviso that in case the seller’s suppliers cannot fullfil the seller’s orders we may ammend or cancel any orders placed with us.

6. The seller will use all reasonable endeavors to procure the goods. In case the procurement fails payments already made will be refunded immediately. In case of non-availability or only partial availability of the product, the customer will be informed immediately.

7. If the customer places an order electronically, the contract will be filed by the seller and sent to the customer together with the terms and conditions via e-mail after the conclusion. The terms and conditions can also be viewed here. All past and present orders can be viewed in the customer login area.

§ 3 Retention of Title and Withdrawal of Purchase

1. For consumers: The seller retains title to the goods until full payment of the purchase price is made.

2. For enterprises: The seller retains title to the goods until all claims from the current business relationship are fulfilled.

3. In case of a breach of contract by the customer, in particular in case of delayed payment, provision of false information concerning creditworthiness or in case of an application for a proceeding for insolvency, the seller is entitled to withdraw from the contract. In addition the seller is entitled to demand the return of any delivered goods if full payment has not already been made.

4. An enterprise is entitled to resell the goods in an ordinary course of business. It assigns all claims in the amount of the bill, which arises through the sale to a third party, to the seller in advance. The seller accepts the assignment. After the assignment the entrepreneur is authorized to collect the debt. The seller reserves the right to collect the claim, if the contractor fails to meet its payment obligations, and in default of payment.

5. The seller undertakes to release the securities he is entitled on request of the customer, the realizable value of the securities from the seller exceeds the secured claims by more than 10%. The selection of the securities to be released is made by the seller.
   
   
   

1. Listed prices are binding. Listed prices include VAT.

2. Shipping fees will be charged additionally.

3. If orders are to be shipped outside Germany higher shipping fees apply. For a list of eligible countries and the corresponding shipping fees please see the entries on page „Delivery and shipping costs“. The seller also refers to §6.1 of these terms and conditions.

4. The customer only has a right to offsetting if his counterclaims have been legally recognized or have not been denied by the seller.

5. The customer has the right to offset only if its counterclaims have been legally recognized or not by the vendor denied. The customer can exercise a right of retention if his counterclaim is based on the same contract. The customer only has a right to retention if his counterclaim refers to the same contract.

§ 5 Payment and Shipping

1. Payment can be made in advance via bank transfer, with PayPal and PayPal Express or can be made cash upon delivery. The seller is entitled to exclude individual methods of payment.

2. If payment is made in advance via bank transfer, delivery is made after the complete invoice amount has been credited to the seller’s account. When paying in advance the customer is given a discount of 3%. On orders over € 1000 the discount will be 8% and on orders over € 2000 the discount will be 10%. Only when the money has been credited tot he seller’s account the item specific shipping time will begin.

3. For payments via PayPal the customer must have an yyount with paypal.de. Delivery is made after the complete invoice amount has been credited to the seller’s PayPal account.

4. Within the Federal Republic of Germany shipping costs will be as specified by the seller. For more information about the shipping costs can be found in overview of the seller. For more information on shipping costs please see the entries on page „Delivery and shipping costs“.

§ 6 Delivery

1. Delivery is made only to countries listed on the page „Delivery and shipping costs“.

2. Goods that are in stock will be put in delivery within two working days.

3. If goods are not in stock, the seller will order these without delay and inform the customer about this and the expected delivery date immediately. Goods that are not in stock are indicated as such. Regarding procurement of goodfs that are not in stock please also see § 2.5 and § 2.6 of these terms and conditions.

4. Delivery will be made to the curb of the specified delivery address.

5. The seller is entitled to a partial delivery if this is approbiate in regard to the customer’s interests. No additional costs for the customer occur.

§ 7 Transfer of risk

1. For consumers: The risk of accidental loss and accidental deterioration of the goods is placed on the consumer with the delivery to the buyer.

2. For entrepreneurs: The risk of accidental loss and accidental deterioration of the goods is placed on the entrepreneur with the delivery of

   the goods, the delivery to the shipping carrier or the person designated to the delivery.

3. The handover is also seen as completed If the customer has delayed the acceptance of the delivery.
   

 
§ 8 Warranty

1. The goods delivered may vary slightly from those pictured on our website. Please also see § 2.1 and § 2.2 in these terms and conditions.

2. If the delivered goods are not in a proper state the consumer can choose between repairment of the item or a replacement. The seller is entitiled to refuse the customers’s choice if it is only possible at a disappropriate cost and the other possibility does not represent a disadvantage for the consumer.

3. For entrepreneurs: The Seller warrants defects at his own discretion and can choose betweent repair or replacement.

4. If subsequent performance fails, the customer can demand either a reduction of the purchase price (reduction) or a cancellation of the contract (withdrawal), as well as compensation in lieu of performance. Instead of damages in lieu of performance, the customer may demand the reimbursement of expenses under § 284 BGB which he made in reliance on the receipt of the product and could reasonably make.

5. With only minor defects, the customer - taking into account the interests of both parties – has no right of rescission. If the customer chooses compensation instead of performance or he demanded the reimbursement of expenses, the limitation of liability in accordance with § 10.1 of these terms and conditions apply.

6. Entrepreneurs have to announce obvious defects of the delivered goods to the seller within a period of two weeks from receipt of the goods. Otherwise the assertion of the warranty claim is excluded. This deadline is met with as a timley notification or dispatch of the goods. The entrepreneur bears the burden of proof for all claims, in particular for the defect itself, the time of discovery of the defect and the timeliness of the complaint. For merchants § 377 HGB applies.

7. Consumers have to announce obvious defects to the seller within a period of two weeks after delivery of the goods. This deadline is met with as a timley notification or dispatch of the goods. The notification concerning the defect has no effect on the statutory warranty rights.

8. For entreprenuers: The manufacturer’s product description pertains as the proper condition of the item. Public statements, recommendations or advertising by the manufacturer do not represent a contractual quality of the product

9. For consumers: The warranty period is two years from date of delivery.

10. For entrepreneurs: The warranty period is one year from date of delivery.

11. For used goods: The warranty period is one year from date of delivery.

12. The one-year warranty period does not apply if the seller can be accused of gross negligence or fraud, nor does it apply in case of bodily harm or loss of life and in the event of a warranty. The seller's liability under the Product Liability Act remains unaffected.

13. The seller gives no guarantees in the legal sense to the customer, unless expressly agreed otherwise. Manufacturer warranties are not affected.

§ 9 Limitation of Liability

1. With slight negligence, liability is restricted to predictable, typical, direct average damage to the specified item. This also applies to minor negligence of legal representatives or persons employed by the seller or vicarious agents. The seller is not liable for slightly negligent violation of minor contractual obligations. However, he is liable for the breach of contractual legal positions of the customer. Essential contractual legal positions are such that the contract has to provide the customer under the contract content and purpose.

2. The seller is liable for the breach of obligations that make the proper execution of the contract possible and upon which fulfillment the buyer may rely on.

3. The above limitations do not affect the customer's claims concerning warranties and/or product liability. Further, these limitations do not apply in case of malice, breach of contractual obligations and bodily harm or loss of life of the customer assigned to the seller.

4. The seller is liable only for his own content of the website. The seller is not responsible for the content of website that are linked from his. He does not own any third party content. If the seller becomes aware of any illegal content on external websites, he will remove any links and block access from his website.

§ 10 Amendment of the terms and provisions

1. The seller reserves the right to change these terms and conditions at any time but will give notice at least two weeks in advance. The announcement will be made by posting the amended terms and conditions and stating the effective date on which they will come into effect on his website www.Lampen-Schubert.de.

2. If the customer does not object within two weeks of publication, the amended terms and conditions will be deemed accepted. In the announcement of the ammended terms and conditions the relevance of the two-week period will be pointed out.

§ 11 Final Provisions

1. The law of the Federal Republic of Germany applies excluding the CISG. Consumers who do not complete the contract for professional or commercial purposes, this choice of law applies only insofar as the protection granted is withdrawn by mandatory provisions of law of the State in which the consumer has his habitual residence.

2. If the customer is a merchant, legal entity under public law or public special assets, jurisdiction for all disputes arising from this contract is the court responsible for the seller’s place of business unless a different jurisdiction is given.