General business terms

§ 1 Scope and provider

(1) These general terms and conditions apply to all orders placed with the online store of

Leptoon

Krummackerweg 6a
47495 Rheinberg
Owner: Stefan Enge
to do this.

(2) The range of goods in our online store is aimed exclusively at buyers who have reached the age of 18.

(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business shall therefore also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict our general terms and conditions is hereby already contradicted.

(4) Contract language is exclusively German.

(5) You can use the currently valid Call up and print out the general terms and conditions on the website.

§ 2 Conclusion of contract

(1) The presentation of goods in the online store does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online store.

(2) By clicking the button "Order now for a fee" you submit a binding offer to purchase (§ 145 BGB).

(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.

(4) A purchase contract for the goods shall only be concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you - without prior express declaration of acceptance.

§ 3 Prices

The prices mentioned on the product pages do not include the respective shipping costs. According to § 19 UStG (German VAT Act) no sales tax is charged and we therefore do not show this. You can find further information about the shipping costs on our website Delivery and shipping costs.

§ 4 Terms of payment; default

(1) The payment is optionally made by: advance payment, or Paypal

(2) The selection of the respectively available payment methods is incumbent on us. In particular, we reserve the right to offer you only selected payment methods, for example, only advance payment to cover our credit risk.

(3) If you choose the prepayment method, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.

(4) When paying with PayPal you will be redirected to the website of the online provider PayPal during the order process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be executed automatically by PayPal immediately afterwards.

(5) If you fall behind with a payment, you are obliged to pay the legal default interest of 5 percentage points above the prime rate. For each reminder letter that is sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher damage is proven in the individual case.

§ 5 Offsetting / Right of retention

(1) You shall only be entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship with our claim.

(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery; reservation of title

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you.

(2) The goods remain our property until the purchase price has been paid in full.

(3) By way of exception, we are not obliged to deliver the ordered goods if we have duly ordered the goods on our part, but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance immediately. Furthermore, we may not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders of goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.

(4) If you are an entrepreneur within the meaning of § 14 BGB, the following shall apply in addition:

  • We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
  • You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. As far as you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.
  • If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
  • We undertake to release the securities to which we are entitled upon request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion. 

§ 7 Right of revocation

In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.

Right of revocation

You have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the goods.

To exercise your right of withdrawal, you must

Company: Leptoon, Stefan Enge
Adress: Krummackerweg 6a | 47495 Rheinberg

E-Mail:  
Phone:+49 (0) 15 20 28 07 96 2

inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form, which is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

To the revocation form

Consequences of revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. 

We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You will only have to pay for any loss of value of the goods if this loss of value is due to a handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.

End of the revocation instruction

(1) The right of withdrawal does not apply to the delivery

  • of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name)
  • sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery
  • of goods, if these were inseparably mixed with other goods after delivery due to their nature,
  • of sound or video recordings or computer software in a sealed package if the seal was removed after delivery,
  • of newspapers, journals or magazines with the exception of subscription contracts.

(2) Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.

(3) Please call us before returning the goods to announce the return. In this way you will enable us to assign the products as quickly as possible.

(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not prerequisites for the effective exercise of the right of withdrawal.

§ 8 Transport damage

(1) If goods with obvious transport damages are delivered, please complain about such errors immediately to the deliverer and contact us as soon as possible.

(2) Failure to make a complaint or contact us will have no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

§ 9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).

(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods is one year - in deviation from the statutory provisions. This limitation shall not apply to claims based on damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), nor to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

(3) In all other respects the statutory provisions shall apply to the warranty.

(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:

  • Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
  • You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. The punctual dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from discovery. In case of violation of the obligation to examine and to give notice of defects, the assertion of warranty claims is excluded.
  • In the event of defects, we shall, at our discretion, provide warranty by repair or replacement (supplementary performance). In the case of rectification of defects, we do not have to bear the increased costs incurred by taking the goods to a place other than the place of performance, unless the transfer corresponds to the intended use of the goods.
  • If the supplementary performance fails twice, you may at your discretion demand a reduction in price or withdraw from the contract.
  • The warranty period is one year from delivery of the goods.

§ 10 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. In the case of slight negligence, we shall be liable for damages resulting from injury to life, body and health of persons.

(2) The following limited liability shall otherwise apply: In the case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents.

§ 11 Alternative Dispute Resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online orders without the need to go to court. The dispute resolution platform is available at the external link http://ec.europa.eu/consumers/odr/

We shall endeavour to settle any differences of opinion arising from our contract amicably. In addition, we are not obliged to participate in arbitration proceedings and unfortunately we cannot offer you to participate in such proceedings

§ 12 Final provisions

(1) Should one or more provisions of these GTC be or become invalid, the validity of the other provisions shall not be affected.

(2) German law shall apply exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.

(3) If you are a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

Status: 12.08.2018

 

Copyright: HÄRTING Rechtsanwälte, www.haerting.de, Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4