GENERAL TERMS AND CONDITIONS (GTC) August Müller Lichttechnik AG for orders on www.augustmuellerlichttechnik.de
- 1 Scope, general obligations of the purchaser, amendment of the GTC
1.1 The following General Terms and Conditions (hereinafter also referred to as “GTC”) of August Müller Lichttechnik AG) shall apply to all present and future orders placed by you (hereinafter also referred to as “purchaser”) on www.augustmuellerlichttechnik.de). (hereinafter also “we” or “August Müller Lichttechnik AG”).
1.2 Deviating, conflicting or supplementary general terms and conditions of the purchaser shall not become part of the contract.
1.3 All information provided by the purchaser in the ordering process must be current and truthful. You may not pass on your password to third parties, you must keep it safe and inaccessible to unauthorized persons and notify us immediately in text form of any loss or disclosure. For misuse, e.g. for any unauthorized orders by third parties with your password and the resulting claims, you are liable according to the legal provisions.
1.4 We reserve the right to change these GTC with effect for the future according to the following procedure. For this purpose, we will notify you in advance of the intended changes and inform you of your right to object. The changes shall be deemed accepted if you do not object within 6 weeks of the notification of the change. If you object to the change, we reserve the right of ordinary termination.
1.5 If working days are specified as deadlines, this shall be understood to mean all weekdays with the exception of Saturdays, Sundays and public holidays.
- 2 Conclusion of contract, non-binding information, delivery quantities and restrictions
2.1 All information on our goods and prices before the conclusion of the contract are non-binding. The product images do not always have to match the appearance of the delivered products. In particular, there may be changes in the appearance and equipment of articles after assortment renewals. Claims for defects do not exist in this respect insofar as the changes are reasonable for you. Unless expressly agreed otherwise, there is no entitlement to the delivery of certain articles.
2.2 A valid purchase contract between August Müller Lichttechnik AG and the purchaser shall only be concluded once August Müller Lichttechnik AG has sent the purchaser a written (letter) or
electronically (fax or e-mail) and has been received by the purchaser.
2.3 By completing and confirming the order form provided by August Müller Lichttechnik AG, the purchaser makes a binding offer. This offer may be accepted by August Müller Lichttechnik AG either by sending a binding declaration of acceptance or by sending the ordered goods. Acceptance can be refused at any time up to that point without giving reasons. Only with the acceptance of the offer a claim for delivery of the ordered goods or an ordered voucher arises. The presentation of the products in the online shop is not a legally binding offer. You place a binding order for the goods contained in the shopping cart when the “Buy” button is pressed. Immediately after the order, the receipt of your order will be confirmed by an automated e-mail. We can accept your order by sending an order confirmation by e-mail or by delivering the goods.
2.4 Our offer is primarily aimed at business customers.
2.5 The contract text will be stored by us and we will send you the order data by email. The terms and conditions can be viewed at any time by the customer at www.augustmuellerlichttechnik.de.
- 3 Contract period, termination
3.1 In the case of offer variants with an indefinite term, the contract may be terminated by either party at any time. For a cancellation, the purchaser can arrange a notice to August Müller Lichttechnik AG at any time. Cancellation must, however, be made no later than 7 days prior to dispatch of the goods. Otherwise, August Müller Lichttechnik AG cannot ensure timely processing.
3.2 If the purchaser withdraws from the contract without justification or terminates the contractual relationship in any other way without justification, August Müller Lichttechnik AG may claim 20% of the purchase price as a contractual penalty. This is subject to the agreed return of the goods in undamaged form and complete packaging. The contractual penalty shall not be claimed if the purchaser is not responsible for the termination of the contractual relationship. Further claims for damages by August Müller Lichttechnik AG shall remain unaffected by this provision.
- 4 Delivery, delivery requirements, retention of title, transfer of risk, interruption of delivery
4.1 August Müller Lichttechnik AG shall only deliver within the delivery areas stated on www.augustmuellerlichttechnik.de.
4.2 If the goods are shipped to the purchaser at the latter’s request, the risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser upon dispatch to the purchaser, at the latest upon leaving the factory/warehouse. This shall apply irrespective of whether the goods are dispatched from the place of performance, partial deliveries are made or who bears the dispatch/freight costs.
4.3 We deliver to the address given in your customer area on the website. In the event of a change of address, please enter the new address immediately in your customer account. August Müller Lichttechnik AG can only take into account the addresses that are stored in the customer account during the processing of the order. If delivery is to be made to a different address, please state this explicitly in the order.
4.4 The customer must ensure that it is possible to hand over the goods in person at the delivery address given. Otherwise he will be in default of acceptance.
4.5 If the goods have not yet been paid for at the moment of personal handover, August Müller Lichttechnik AG shall retain ownership until the purchase price has been paid in full.
4.6 If the purchaser has chosen payment in advance, August Müller Lichttechnik AG shall not dispatch the goods before receipt of payment. There shall be no entitlement to prior delivery.
4.7 August Müller Lichttechnik AG shall be entitled to make partial deliveries and provide partial services at any time, provided that this is reasonable for the client.
4.8 August Müller Lichttechnik AG does not always have any influence on delivery times. In the event of force majeure (strike, official intervention, shortage of energy or raw materials, transport bottlenecks through no fault of August Müller Lichttechnik AG, operational hindrances through no fault of August Müller Lichttechnik AG), the purchaser shall not be entitled to compensation for delayed delivery or consequential damage. If August Müller Lichttechnik AG is unable to deliver for more than 6 weeks after the original delivery date, the client shall be entitled to withdraw from the contract. There shall be no further claims, in particular for damages.
- 5 Prices and shipping costs, due date, payment, set-off, retention
5.1 Prices are inclusive of VAT and, unless otherwise stated in the offer, inclusive of shipping costs to Germany.
5.2 Shipping and packaging costs of deliveries within Germany are shown separately during the ordering process. Unless free shipping is specified, these costs are to be borne additionally by the customer. Shipments abroad shall be made on request and by prior arrangement.
5.3 The claims of August Müller Lichttechnik AG shall be due immediately, without prejudice to any statutory right of revocation. Invoices shall be sent when the goods are dispatched.
5.4 August Müller Lichttechnik AG shall send invoices and credit notes exclusively in electronic form. You agree to this.
5.5 The purchaser may pay by any of the payment methods made available on our website. If the purchaser has chosen payment in advance, he/she undertakes to pay the purchase price immediately after conclusion of the contract. If August Müller Lichttechnik AG delivers cash on delivery, the due date for payment of the purchase price shall be the date of receipt of the goods.
5.6 The purchaser shall only have a right of set-off if the counterclaims have been legally established or are undisputed by August Müller Lichttechnik AG. The purchaser shall only be entitled to exercise a right of retention if its claim is based on the same contractual relationship.
5.7 Upon conclusion of the contract, the account or credit card shall be charged immediately.
5.8 Credit balances credited to your customer account from promotions are automatically offset against the purchase price of the next possible delivery. If the credit exceeds the purchase price of the delivery, the offset takes place with subsequent deliveries until the credit is exhausted.
5.9 If you are in default of payment, August Müller Lichttechnik AG reserves the right to charge a flat-rate reminder fee of EUR 5.00 per reminder.
- 6 Transport damage
6.1 The purchaser shall inspect the goods immediately upon delivery for completeness, obvious defects and transport damage. Any objections must be notified to August Müller Lichttechnik AG and the delivery agent without delay, at the latest 3 working days after receipt of the goods.
6.2 If the consignment is delivered with obvious, externally visible transport damage, the purchaser must complain about this immediately to the carrier and inform August Müller Lichttechnik AG of this. The purchaser shall assist August Müller Lichttechnik AG in asserting its claims against the carrier and the transport company. Failure to make a complaint or to contact August Müller Lichttechnik AG may result in the purchaser losing any claims for damages.
- 7 Terms of redemption of gift vouchers
7.1 Gift vouchers are vouchers that can be purchased by the purchaser. Vouchers can only be redeemed for the purchase of items at www.augustmuellerlichttechnik.de.
7.2 Gift voucher balances will not be paid out in cash or earn interest.
7.3 Gift vouchers and credits can only be redeemed before the checkout process is completed. They cannot be applied to an order at a later date.
7.4 The cancellation of the purchase of a gift voucher can only be made if the gift voucher has not yet been charged to an order or credited to the customer’s account as a credit.
7.5 If the voucher credit is not sufficient for an order, the customer can compensate the difference with the other payment options
7.6 More than one gift voucher can be used for an order. Gift vouchers cannot be combined with promotional codes. The gift voucher is transferable. Duplication, editing or manipulation of gift vouchers is not permitted.
7.7 August Müller Lichttechnik AG accepts no liability for the loss, theft or illegibility of gift vouchers for which we are not responsible. Furthermore, August Müller Lichttechnik AG accepts no liability if there are spelling mistakes in the e-mail address of the voucher recipient.
7.8 Should the client have used a gift voucher for a purchase, August Müller Lichttechnik AG reserves the right, upon return of the goods, to credit the client’s customer account with the amount from which the client paid with the gift voucher.
- 8 Terms of redemption of promotional codes
8.1 Promotion codes are vouchers issued during promotional campaigns with a specified validity period. They are only redeemable for the specified online shop, only during the specified period and only once as part of an order process. Furthermore, further restrictions on the usability of the promotional codes may be found on the vouchers.
8.2 The order value must at least correspond to the amount of the promotional code. Any remaining credit will not be refunded.
8.3 Promotion codes can only be redeemed before the order process is completed. Subsequent offsetting is not possible. The credit of a promotional code is neither paid out in cash nor does it earn interest. The promotion code cannot be transferred to third parties. Multiple promotional codes cannot be combined with each other. Promotion codes cannot be used for the purchase of gift vouchers.
8.4 If the credit of a promotion code is not sufficient for the order, the difference can be made up with the payment options offered.
8.5 The promotional code will not be refunded if goods are returned in whole or in part, provided that the promotional code was issued as part of a promotion and no consideration was provided in return.
8.6 Should the purchaser have used a promotional code when making a purchase, August Müller Lichttechnik AG reserves the right to charge the purchaser the original price of the goods which the purchaser retains if – due to the purchaser’s cancellation – the total value of the order falls below the respective value of the promotional code.
- 9 Liability of August Müller Lichttechnik AG, obligations of the purchaser
9.1 August Müller Lichttechnik AG shall be liable for impossibility of delivery in cases of intent or gross negligence on the part of August Müller Lichttechnik AG and in cases of culpable injury to life, limb or health in accordance with the statutory provisions. Outside of these cases, August Müller Lichttechnik AG’s liability for damages due to impossibility and for reimbursement of futile expenses shall be limited to a total of 10% of the value of the delivery. Any further claims of the purchaser on account of impossibility of delivery shall be excluded – even after expiry of a period
Müller Lichttechnik AG – even after the expiry of a deadline set for August Müller Lichttechnik AG to perform. The purchaser’s right to withdraw from the contract shall remain unaffected. The above provisions do not imply a change in the burden of proof to the detriment of the purchaser.
9.2 The liability provisions in the above paragraphs shall also apply to the personal liability of August Müller Lichttechnik AG’s executive bodies, employees and vicarious agents.
9.3 The purchaser is obliged to carefully read and observe the product, consumption and warning instructions for the products supplied before use.
- 10 Applicable law
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
- 11 Severability clause
Should individual provisions of the contract, including these provisions, be or become invalid in whole or in part, or should the contract contain an unforeseen gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. Instead of the ineffective or missing provisions, the respective statutory provisions shall apply.
- 12 Right of withdrawal for consumers
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 or has taken possession of the last goods. To exercise your right of withdrawal, you must inform us (August Müller Lichttechnik AG, Bruno-Bürgel-Weg 69-81, 12439 Berlin, Germany) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation. 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 expiry of the revocation period.
- 13 Consequences of withdrawal
If you withdraw from this contract, we must refund 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 type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal 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 for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us or to in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Sample cancellation form
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:
Enumeration of goods item(s)
Name of consumer:
Address of consumer:
August Müller Lichttechnik AG Status: 27.10.2016