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GENERAL TERMS AND CONDITIONS
General Terms and Conditions and Consumer Rights
1 Fundamental Regulations
(1) The following terms and conditions apply to all contracts that were concluded via the online shop between CnG Luxory Lighting GmbH, Gertigstraße 31A, 22303 Hamburg, Germany – from now on called vendor – and the customer. As far as not agreed otherwise, any inclusion of terms and conditions by the customer do not apply.
(2) A consumer in the sense of the following regulations is every natural person that concludes a legal transaction for a purpose neither commercial nor accountable to an activity under self employment. An entrepreneur is any natural or judicial person or a legally responsible joint partnership that at the conclusion of a legal contract acts in pursuance of its independent employ or commercial activity.
(3) The contract language is German. The contract text will be stored by the vendor. Storage, however, is time limited so that customers will need to arrange for their own hard copy or electronic storage.
2 Contractual Item
The purpose of the contract is the sale of merchandise. The details, in particular the essential characteristics of the merchandise, are found in the item description and the additional information given on the internet pages of the vendor: thelightcouture.com
3 Conclusion of Contract
(1) The offered merchandise of the vendor on the internet do not represent a binding offer for the conclusion of a sales contract, but are an invitation to place an order, i.e. purchasing offer by the customer.
Customers can place their purchasing offers per telephone, in writing, by e-mail or through the online ordering system.
When using the online shopping system you should note: The merchandise designated for purchase needs to have been placed in the “shopping basket”. Using the relevant buttons in the navigation bar customers can call up the “shopping basket” and make changes at any time. After calling up the “payment” page and having filled in personal data as well as the payment and delivery conditions, the ordering data will be displayed one more time. Before despatching the order customers have the opportunity at this point to check and amend all purchasing details (including the back function of the internet browser) respectively to abort the purchase. By despatching the order, using the relevant button, customers make a binding offer to the vendor. Customers will initially receive an automatic e-mail, confirming the receipt of the order, but which does not conclude the contract.
(2) The acceptance of the offer and therewith the conclusion of the contract take place in any case at the written confirmation (for example e-mail), in which the customer receives confirmation that the order is being processed, or delivery of the merchandise is being confirmed or, by despatch of the bill or the merchandise.
4 Price, Shipping and Handling, Customs and Excise
(1) The displayed prices of the relevant sales offer are end prices inclusive of value added tax. The prices do not include shipping costs, accessories and adornments.
(2) The arising shipping and handling charges are not included in the sales price. However they can be called up on the page “payment and shipping”, are being listed separately during the ordering process and have to be borne by the customer.
(3) Deliveries to non-EU countries incur additional duty, tax and fee payments to be borne by the customer.
5 Payment and Delivery Rules
(1) The terms and conditions for payment and delivery can be found under the so labelled button in the navigation panel.
(2) At the point of ordering a down payment of 50% will be due. The remainder will become due as soon as the goods are ready for despatch.
(3) If against all expectations a product ordered by a customer might not be available, despite a timely and adequate hedging transaction, and without the vendor being at fault, the customer will receive notification of the unavailability of the item, and in case of contract withdrawal get all payments refunded immediately.
(4) As a consumer the customer is requested to check the delivered goods immediately at the point of delivery for completeness, deficiencies and transport damages, and report those to the vendor and the delivery company within 7 days. Warranty claims of the customer are not affected by this. Insofar as the customer is a consumer, the risk of accidental sinking and the accidental deterioration of the sold goods during transportation, transfer to the customer only at the point of handover of the goods to the customer, whether or not the goods were insured for transport. Is the customer not a consumer, despatch and delivery will take place at the customer’s own risk.
(5) We reserve the right to deliver in parts. Additional delivery costs will only be charged upon expressed agreement.
6 The Right to Offset, Right of Retention
(1) The customer only has the right to offset if the counterclaim is undisputed, declared legally binding or is recognised by the vendor.
(2) Customers can only make use of their right of retention for goods within the contract of the same goods.
(1) For all goods from our shop certain legal warranties exist. For all deficiencies that occur within two years after delivery, you have the right to cure (either removal of defects or replacement at your own choosing) and – in case of the right legal disposition – a right to reduction or withdrawal, as well as payment for damages. You must allow us at least altogether two attempts at improvement, unless you have set us a reasonable period of notice beforehand that passed without result. If the requested type of cure can only be executed at an unreasonable cost, the claim will be limited to the other type of cure.
(2) The warranty excludes damages and deficiencies caused by improper use, operation and storage, neglect or wrong care and maintenance, through overuse or unprofessional repair through an unauthorised service partner.
(3) If you require a repair or exchange of a faulty product, please send the product back to us at our expense. Please confirm the return delivery with us at email@example.com.
(4) Deviating from the legal warranty period, the warranty for used goods is one year from the date of delivery. The one year warranty does not apply to damages caused by the vendor regarding injury to life, body or health, and grievous neglect or intentionally caused damages, respectively fraud as well as claims of recourse according to §§ 478, 479 BGB.
(5) If the customer is an entrepreneur, deviating from paragraph 1:
a) Only the vendors own information and product description of the manufacturer are the valid condition of the goods. Any other advertising, public promotion or statements by the manufacturer do not apply.
b) The consumer is required to check the delivered goods immediately and with appropriate diligence at the point of delivery for deviations regarding quality and quantity, and despatch a report in writing of obvious deficiencies to the vendor within 7 days starting from the day of delivery. This applies also to obscured deficiencies discovered at a later stage, from the date the discovery was made. If the duty of examination and notification is violated any warranty claims will be excluded.
c) In case of deficiencies the vendor warranty will provide for attempts at improvement or a replacement delivery. If the attempt at a cure fails twice the customer can request reduction or withdraw from the contract. In case of an attempt at improvement the vendor does not have to bear the costs that arise through transport of the goods to a location other than the agreed point of delivery, in so far as the transport does not comply with the intended use of the goods.
d) The warranty covers one year from the delivery date of the goods. The shortened warranty does not apply to damages caused by the vendor regarding injury to life, body or health, and grievous neglect or intentionally caused damages, respectively fraud as well as claims of recourse according to §§ 478, 479 BGB.
8 Reservation of Proprietary Rights
(1) The merchandise remains property of the vendor until payment in full.
(2) If the customer is an entrepreneur following extensions apply:
a) The vendor reserves the proprietary rights to the merchandise until full settlement of all claims that derive from the contractual relationship. Before the property rights of the merchandise transfer, pledging or securities transfer are prohibited.
b) The customer is entitled to sell the delivery items in the ordinary course of business. In this case already the customer assigns to us any claims to the amount of the final invoice owed by the customer for the purchase. The customer retains the right of collection. If the customer fails to properly meet his/her payment obligations the vendor consequently is entitled to collect the claims.
c) If the reserved goods are combined or mixed with other merchandise, the vendor acquires co-ownership of the new item relative to the billing value of the reserved goods and the other processed goods at the time of processing.
d) The vendor is obliged to issue the owing securities to the customer on demand insofar as the value of the securities of the vendor exceeds the secured accounts receivable by more than 10 %. The vendor is entitled to select the securities which are to be released.
(1) The vendor will be liable for damages caused by the vendor like injury to life, body or health, and grievous neglect or intentionally caused damages, respectively fraudulent concealment of deficiencies or has given a guarantee on the condition of the merchandise, in all cases of intent or gross negligence, damages according to the product liability laws or otherwise subject to statutory liability.
(2) To the extent that any material obligation arising from the agreement is concerned, the violation of which endangers achieving the contractual purpose, the liability of the vendor is limited to ordinary negligence and foreseeable damages that are typical for contracts.
(3) For minor violations of inconsequential contractual obligations liability is excluded.
(4) According to the current state of technology internet data communication cannot be guaranteed to be error-free and/or at all times. The vendor is not liable insofar as the perpetual or uninterrupted availability of the web page and its offered services are concerned.
10 Applicable Law, Place of Fulfilment, Court of Jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding UN purchasing law. For consumers this choice of law shall only be applicable insofar as it does not deprive the consumer of the obligatory provisions of the law of the country in which the consumer has his or her habitual place of residence (Günstigkeitsprinzip).
(2) Place of delivery of all services as per the existing business relationship with the vendor and its jurisdiction is the location of the vendor, insofar as the buyer is not a consumer, but a merchant, a legal person of public law or a public law special fund. The same applies if customers are not subject to German or EU jurisdiction, or their domicile or usual place of residence are not known at the time of the claim. This does not affect the capacity to appeal to another court of jurisdiction.