General Terms and Conditions
der Firma LUMITRONIX® LED-Technik GmbH,
Managing director Mr. Christian Hoffmann,
Haigerlocher Str. 42, D-72379 Hechingen
or PO 101145, 72379 Hechingen
§ 1 Scope of Application
(1) These Terms and Conditions of the company LUMITRONIX® LED-Technik GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or an trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
(2) A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
§ 2 Conclusion of the Contract
(1) The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
(2) The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket. The Client may also present the offer to the Seller by means of telephone, fax or postal service.
(3) The Seller may accept the Client's offer within five days
- by transferring a written order confirmation or an order conformation in written form (fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he/she placed his/her order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
(4) The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
(5) The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.
(6) The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
(7) The contractual language is English.
(8) Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e- mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
§ 3 Right to cancel
Consumers are entitled to the right of cancellation. Detailed informations about the right of cancellation are provided in the Seller’s instruction on cancellation.
§ 4 Price and Delivery Costs
(1) Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
(2) For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller’s control. They shall be borne by the Client. Such costs are for example money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes.
(3) Payment can be made using one of the methods mentioned in the Seller’s online shop .
(4) If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
§ 5 Shipment and delivery conditions
(1) Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed.
(2) Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch. This shall not apply if the Client is not responsible for the event that entails the impossibility of delivery, or if he/she has been temporarily impeded to receive the ordered goods, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.
(3) The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods. Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business.
(4) The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay and payments made by the Client will be immediately refunded.
(5) Collection by the Client is not possible for logistical reasons.
§ 6 Liability for defects
(1) The statutory consumer rights will apply.
(2) If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.
§ 7 Law and Jurisdiction
(1) If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by British law excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
(2) If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties are governed by German law excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Seller is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
In the event of any doubt, only the German version of these General Terms and Conditions shall apply.
8th edition as of January 08, 2016
------ END OF THE GENERAL TERMS AND CONDITIONS ------
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
A. Instructions for cancellation
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us (LUMITRONIX® LED-Technik GmbH, Haigerlocher Str. 42, 72379, Hechingen, Tel.: +49 (0)7471 / 960141 -0, Fax: +49 (0)7471 / 96014 -99, E-Mail: firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using 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 the 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.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We will bear the cost of returning the goods.
You are only 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.
1) Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage.
2) Please do not return the goods freight forward.
3) Please note that the above general information in section 1 and 2 is not a precondition for effectively exercising your right to cancel.
B. Cancellation form
If you wish to cancel this contract, please complete and submit this form.
LUMITRONIX® LED-Technik GmbH
Haigerlocher Str. 42
Fax: +49 (0)7471 / 96014 -99
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),
Ordered on (*) ____________ / received on (*) __________________
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate
------ END OF INSTRUCTIONS FOR CANCELLATION ------
Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage. Please note that the above general information is not a precondition for effectively exercising your right to cancel.
We appreciate your visit to our website and thank you for your interest in our company, our products and our web pages. Protecting your privacy when using our web pages is important to us. Therefore, please take note of the following information:
1) Handling of Personal Data
Basically, you may visit our website without us collecting any personal data from you. Personal data is only collected if you voluntarily disclose such data for the purpose of concluding a contract or opening a customer account. Without your explicit consent, this data is merely used for contract performance and processing your inquiries. Upon complete fulfilment of the contract and complete payment of the purchase price your data will be stored with care for tax and commercial law retention periods, to be deleted upon expiry of these periods.
Furthermore, personal data is collected, if you subscribe to our e-mail newsletter. We use this data for our own advertising purposes in terms of our e-mail newsletter provided you have explicitly consented to it.
You may unsubscribe from our Newsletter at any time using the respective link in the Newsletter or by sending us a message. Your e-mail address will be deleted immediately after unsubscribing.
2) Transfer of Personal Data
2.1 For the purpose of contract fulfillment, personal data collected by us is transferred to the transport company commissioned with the delivery, provided this is required for delivering the goods.
Among other things this website uses so-called "cookies” serving to make our Internet presence more user-friendly, effective and secure – for instance to accelerate navigation on our platform. Furthermore, cookies allow us to measure the frequency of website visits as well as general navigation. Cookies are small text files stored on your computer system. Please note that some of these cookies are transferred from our server to your computer system, mostly so-called "session cookies”. "Session cookies” are characterized by being automatically deleted from your hard drive upon the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system during your next visit (so-called permanent cookies). You may certainly decline these cookies at any time provided your browser permits this. Please note that once your browser is set to decline cookies (from our website) certain features of this website may not be available or restricted.
4) Use of Google AdWords Conversion-Tracking
This website utilizes the online advertising program "Google AdWords” and the conversion tracking within the framework of Google AdWords. The conversion-tracking cookie is set on the user’s browser, if he clicks on an ad delivered by Google. Cookies are small text files, which the internet browser places on your browser. These cookies lose their validity after 30 days .They are not used to acquire personal identification data. If the user visits a certain page of this website and if the cookie has not yet expired, Google and we will be able to tell that the user clicked on the ad and was forwarded to this page. Each Google AdWords client gets a different cookie. Thus, cookies cannot be tracked via the website of AdWords clients. The information collected by the conversion cookies are used to provide aggregate conversion statistics to AdWord clients who have opted-in for conversion tracking. Clients are informed about the total number of users who clicked on the ad and were forwarded to a conversion tracking tag page. However, they do not get any information enabling them to identify users personally. If you do not want to participate in the tracking program, you can refuse the use of this program by easily deactivating the google conversion-tracking cookie via your internet browser through the user settings. In this case, you will not be included in the conversion tracking statistics. Further information concerning Google data privacy can be found at http://www.google.de/policies/privacy/.
5) Social Plugins
We have incorporated so-called plugins of the social network facebook.com (hereinafter "Facebook”) into our website. Facebook is a company of the Facebook Inc., California Ave, Palo Alto, CA 94304, United States. A list and the appearance of these Facebook plugins may be viewed at the following Internet address: http://developers.facebook.com/docs/plugins
During each visit of a webpage of our online presence that is equipped with such a plugin, the plugin causes the browser used by you to download the visual presentation of the plugin from the Facebook server and to display it. By integrating the plugin, Facebook receives the information that your browser has visited the respective webpage of our website even if you do not have a Facebook user account or are not currently logged into Facebook. This information (including your IP address) will be sent directly from your browser to a server from Facebook in the United States and stored there.
If you are a member of Facebook, and while visiting our website are logged into Facebook, Facebook due to information sent by the plugin recognizes which particular webpage of our website you are currently visiting and assigns this to your personal Facebook user account regardless of whether you activate one of the plugins. Should you then activate one of the plugins, for example by clicking the "I like” button or by submitting a comment, this will be sent to your personal user account with Facebook and stored there. To prevent Facebook from assigning collected data to your user account on Facebook, you have to log out from Facebook before visiting our website. To block Facebook plugins from collecting and transferring your visitor data in the future you may obtain a Browser Add On by "Facebook Blocker” for several Internet browsers at the following link; please do not delete the Browser Add On for as long as you wish to block Facebook plugins: http://webgraph.com/resources/facebookblocker/
This website uses the Youtube embedding functions for display and playback of videos offered by "Youtube". To this end, the extended data protection mode is used to ensure, according to provider information, that user information will only be stored once the playback functon of the video is started. When the playback function of embedded Youtube videos is started, the provider sets "Youtube" cookies in order to collect information on users. According to indications from "Youtube", the use of those cookies is intended to record video statistics, to improve user-friendliness and to avoid improper actions. Regardless of whether the embedded video is played back, a connection to the Google network "double click" is established when visiting this website. This may trigger further data processing beyound our control.
Further information on "YouTube" data protection can be found in the provider's data protection statement at: https://www.google.de/intl/de/policies/privacy/
7) Web analysis service
7.1 This website uses Google Analytics, a web analysis service of Google Inc. ("Google”). Google Analytics uses so-called Cookies, text files which are stored on your computer and which enable you to conduct an analysis of the use of the website. The information generated by the cookies about your use of the website will normally be transmitted to a server in the US, where it is stored.
In the case of activating an IP anonymizer for this website, your IP address will however be abbreviated by Google within the member states of the European Union or within other member states to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address will be transmitted to a server in the US, where it is abbreviated. On behalf of the website operator, Google will use this information to evaluate your use of the website, to compile reports on website activities and to provide further services connected to the website use and the internet use for the benefit of the website operator.
The IP address transmitted by your browser in the context of Google Analytics will not be linked to other data retrieved by Google. You may prevent the storage of cookies by making the appropriate settings in your browser. However, we should point out that in that case you might not be able to use the full functionality of this website. You may permanently refuse Google to collect data generated by cookies regarding the use of the website (including your IP address) and to process them by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Please note, this website uses Google Analytics with the extension "_anonymizeIp()". IP addresses will therefore be processed only in abbreviated form to prevent them from being directly linked to a particular individual.
7.2 This website collects and stores data for marketing and optimization purposes with etracker GmbH technologies (www.etracker.de). From these data, user profiles are created under a pseudonym. Cookies may be used for this purpose. Cookies are small text files that are locally stored in the buffer of the website visitor’s Internet browser. The cookies allow the Internet browser to be recognized. Data collected with etracker technology shall not be used to personally identify the website visitor without special consent granted by the person concerned and shall not be merged with personal data on the pseudonym holder. You may object to data collection and storage at all times with effect for the future.
To object to data collection and storage of your user data for the future you may obtain an opt-out cookie from etracker under the following link ensuring that in the future no user date of your browser is collected and stored by etracker: http://www.etracker.de/privacy?et=V23Jbb.
This website uses retargeting technology of Google Inc. (“Google”). This technology enables us to target visitors of our website with interest-based ads who already have shown interest in our shop and in our products. The ads are displayed by using a cookie-based analysis of the previous usage data. Personal data will not be stored. In the case of retargeting technology, a cookie will be stored on your computer or your mobile devices in order to collect anonymized date about your interests and adapt ads specifically according to the stored information. Cookies are small text files stored on your computer or your mobile devices. They help us to display ads, which are most likely to correspond to your product and information interests. You may permanently refuse the setting of cookies for advertisement purposes by downloading and installing the browser plug-in using the following link: http://www.google.com/privacy/ads/
9) Information on Customer Rights and Contacts
You are entitled to obtain information on your saved data free of charge and to correct, block or delete this data where applicable. Please contact us with any further inquiries about the collection, processing or use of your personal data. The same shall apply for obtaining information, your requests to block, delete or correct your personal data as well as for withdrawals of granted consents. You can find our contact address in our legal notice.
Viele nützliche Hinweise zu Rücksendungen (z.B. Rücksendeformular, Tipps u.v.m) finden Sie auch unter ___https://www.leds.de/en/Reshipment/.
Hausanschrift: Haigerlocher Str. 42, 72379 Hechingen
Briefpost: Postfach 10 11 45, 72379 Hechingen
|Hotline / Zentrale||+49 (0)7471 / 960141 -0|
|Fax||+49 (0)7471 / 96014 -99|
UStIdNr. DE 814318271
Amtsgericht Stuttgart, HRB 421019 am 12.04.05
Geschäftsführer: Herr Christian Hoffmann
Mitgesellschafter: Herr Paul Sparenborg