General Terms and Conditions
General Terms and Conditions with Customer Information
Last Update: 01. January 2023
1. Validity of the GTC
a. The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between LHS-Germany GmbH, Breiter Rasen 4, 97647 Nordheim v. d. Rhoen, GERMANY (hereinafter referred to as "Vendor") and the purchaser, who is hereinafter referred to as "Customer", of the Vendor's products, goods and services (hereinafter referred to as "Products" or "Goods").
b. Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.
c. A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
d. "Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2. Ordering process and Conclusion of Contract
a. The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
b. The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
c. A contract between the Customer and the Vendor may also be concluded by e-mail, telephone, fax or postal mail. The Customer may transmit a binding offer to the Vendor by e-mail, telephone, fax as well as mail or, in the event of the transmission of a binding offer by the Vendor, accept it by e-mail, telephone, fax or postal mail.
d. The minimum order value (net value of goods) is 10 €. For net order values below the minimum order value, we charge a surcharge, determined from the difference from the net to the minimum order value.
e. The Vendor may accept the Customer's offer within five days (hereinafter referred to as the "Acceptance Period"). The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer (in the store, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The Vendor may accept the Customer's offer by means of an explicit acceptance of the offer, also by e-mail. Acceptance may also be affected by dispatch of the goods and their receipt by the Customer within the Acceptance Period, as well as by a request for payment addressed by the Vendor to the Customer. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer's offer within the Acceptance Period, no contract shall be concluded and the Customer shall no longer be bound by his/her offer.
f. By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.
g. Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as return to the shopping basket or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices).
h. Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor's fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
3. Contract Text and Contract Language
a. The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.
b. The Vendor may provide the contractual documents to Customers who are Entrepreneurs both in text form and by other means (e.g. by reference to an online source).
c. If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.
d. The contract languages are German and English, contracts can be concluded in these languages.
4. Prices and Shipping Costs
a. Unless otherwise stated, all prices are net, plus the applicable statutory value added tax (VAT).
b. In the shop, the charges incurred in addition to the sales price are linked to the respective product page and will be communicated to the customer before the order is completed. We confirm the receipt of orders via other communication channels with an indication of the delivery and shipping costs incurred.
c. In the case of a delivery to countries outside the European Union or the European Economic Area, additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses are not paid by the Vendor but are to be paid by the Customer to the appropriate tax or customs authorities. The Vendor recommends that the Customer obtain information on possible further costs from the competent authorities and on the basis of the national regulations that apply to the Customer.
5. Payment Methods and Terms
a. Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
b. The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
c. If a payment is not made or reversed due to insufficient funds in the Customer's account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called "pre-notification").
d. The Vendor reserves the right to offer payment methods only from or up to a certain order volume. In this case, the Vendor will inform the Customers of a corresponding payment restriction up to the start of the order process. The right of Consumers to a free, common and reasonable means of payment shall not be restricted.
e. The following payment methods are available to Customers:
f. Prepayment - If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to any express agreement to the contrary. The Vendor shall inform the Customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment has not been received by the Vendor within 14 calendar days of sending the order confirmation, despite the due date, even after a renewed request, the Vendor shall withdraw from the contract with the consequence that the order shall lapse and the Vendor shall have no obligation to deliver. The order is then settled for the buyer and seller without further consequences.
g. Purchase on account - The invoice amount is due after the product has been delivered as well as invoiced and is payable by the Customer within 10 days without deduction by payment to the Vendor's bank account, unless otherwise agreed. The Vendor reserves the right to carry out a creditworthiness check when selecting the payment on account method and not to offer the payment method to the Customer in the event of a negative creditworthiness check. The payment method purchase on account is only available up to an invoice amount of Euro.
i. Cash payment upon collection of the goods - Payment is made in cash upon collection of the goods.
j. Costs incurred by reminders of due receivables will be charged to the Customers. The Customers have the right to prove no, or lower costs.
k. The Vendor shall be entitled to claim default interest in the statutory amount and other consequences determined by law from the defaulting Customers in the event of default in payment. The Customer's obligation to pay interest on arrears shall not preclude the Vendor from asserting further claims for damages caused by default. Damages for default include costs of legal enforcement, such as costs for legal advice, dunning proceedings or debt collection.
l. Customers shall only be entitled to set-off if their counterclaims have been legally established or acknowledged by the Vendor.
m. Customers may only exercise their right of retention insofar as the claims result from the same contractual relationship.
6. Purchase on account
a. If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.
b. For Customers who are entrepreneurs, the following shall apply in addition: The Vendor shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full; the Customer shall be obliged, as long as title has not yet passed to him, to treat the purchased goods with care. In particular, the Customer is obliged to insure it adequately at its own expense against theft, fire and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Customer shall carry this out in good time at its own expense. The processing or transformation of the reserved goods by the Customer shall always be carried out for the Vendor. If the reserved goods are processed with other items not belonging to the Vendor, the Vendor shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed goods at the time of processing. In all other respects, the same shall apply to the goods created by processing as to the goods subject to retention of title. The Customer also assigns the claim to secure the claims against him which arise against a third party as a result of the combination of the reserved goods with a real property. Access by third parties to the goods owned or co-owned by the Vendor shall be reported by the Customer immediately. The Customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The Customer shall be entitled to resell the goods subject to retention of title in the ordinary course of business. The Customer hereby assigns to the Vendor by way of security all claims arising from the resale or other legal grounds in respect of the goods subject to retention of title (including all current account balance claims). The Vendor revocable authorises the Customer to collect the claims assigned to the Vendor for its account and in its own name. This direct debit authorisation may be revoked if the Customer does not duly meet its payment obligations. The Vendor undertakes to release the securities to which the Vendor is entitled at the Customer's request insofar as their value exceeds the claims to be secured by more than 20 %. Upon settlement of all claims of the Vendor arising from delivery transactions, ownership of the reserved goods and the assigned claims shall pass to the Customer. The choice of the securities to be released is incumbent on the Vendor.
7. Delivery, Availability of Goods
a. The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
b. If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.
c. Items that cannot be shipped by parcel service due to their nature (e.g. due to size, weight, etc.) will generally only be delivered to the street curb. The delivery of these items requires that the customer meets all requirements for this delivery.
d. If pick-up of the goods by the Customer is agreed, the Vendor shall inform the Customer that the goods are ready for pick-up at the agreed pick-up location. In this case, the Customer shall not incur any shipping costs, subject to an express agreement to the contrary.
e. If a delivery of goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred for the outward and return shipment. Insofar as the costs arise from the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs shall only apply to the costs of sending the goods there, while the regulations in the instructions on withdrawal shall apply to the costs of returning the goods.
f. Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
g. If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, the Vendor may withdraw from the contract. In this case, the Vendor will inform the Customer without delay and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.
h. In the case of delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Vendor, the Vendor shall not be responsible for such delays with respect to Customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Vendor shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline shall also apply to Customers who are entrepreneurs in cases of unforeseeable events which affect the operations of a pre-supplier and for which neither the pre-supplier nor the Vendor are responsible. For the duration of such hindrance, the Customer shall also be released from his contractual obligations, in particular payment. If the delay is unreasonable for the Customer, the Customer may withdraw from the contract by means of a written declaration after a reasonable period of time to be set by the Customer or after mutual consultation with the Vendor.
i. For Customers who are Entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the Customer as soon as the Vendor has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment; the stated delivery dates and deadlines are not fixed dates, subject to any promises and agreements to the contrary.
a. "Subscription" is understood to mean the regular purchase of products or other services by "Subscribers" (how Customers are referred to under Subscription Agreements) within the framework of an ongoing contractual relationship (also referred to as a "Subscription Agreement") for a defined period of time (also referred to as a "Subscription Period").
b. A Subscription Agreement obliges the Vendor to deliver the services covered by the Subscription Agreement or to perform other services at the agreed times or intervals and within the agreed subscription period. The details of the individual Subscriptions are specified in each case with their respective offers.
c. Termination shall be effective as of the next service or delivery due date or the next service or delivery within the Subscription Period.
d. The right to termination of the Subscription Agreement for good cause is reserved in accordance with the statutory provisions.
e. Subscription contracts can be terminated in text form (e.g. e-mail).
f. The offer about subscriptions only applys to Customers who are entrepreneurs.
9. Production and processing according to the Customer's specifications
a. If the contractual agreement between the Parties includes that the Vendor manufactures or processes the product to be delivered according to the Customer's specifications, the Customer shall be obliged to provide the Vendor with the information and materials required for the performance of the service and to offer cooperation (hereinafter also referred to collectively as "Cooperation").
b. The Vendor shall be entitled, on the basis of proper consideration, to reject processing orders, even after conclusion of the contract, in which the Vendor may assume, on the basis of objective indications, a violation of the applicable law, the rights of third parties or morality (this shall apply in particular in the case of information and materials that are harmful to minors, discriminatory, offensive or unconstitutional).
c. If the contractual agreement between the Parties includes that the Vendor manufactures or processes the product to be delivered according to the Customer's specifications, the Customer shall be obliged to provide the Vendor with the information required for the performance of the service.
10. Promotional vouchers
a. "Promotion Vouchers" are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.
b. Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.
c. Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
d. Unless otherwise stated, the Promotional Vouchers issued to recipients may not be transferred to third parties.
e. Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
f. Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
g. If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.
h. If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.
11. Copyright and Rights of Use
a. The products sold by the Vendor are protected by intellectual property rights (in particular trademark and copyright). The rights of use and exploitation are held by the Vendor or the respective rights holders. Customers commit themselves to recognize and comply with these property rights.
b. The Customer shall receive the non-exclusive rights to use the acquired products for purposes in accordance with the contractual agreement. Otherwise, use and exploitation of the products is not permitted. In particular, copyrighted products of the Vendor may not be reproduced, distributed, made publicly available or in any other way made available to third parties on the internet or intranets. Public reproduction, duplication or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the products unless this is necessary for the contractual use of the products or is permitted by law.
c. If the Vendor performs in advance, the granting of the rights of use to the Customer shall only be provisional and shall only become effective when the Customer has paid the complete purchase price of the relevant Goods.
d. The copyright notices and proprietary notices (for example the "Copyright" symbol ©) attached or otherwise connected with the products within a reasonable and legally recognized scope shall be respected and the rights of use granted shall only apply as long as the aforementioned notices and notations are not removed or otherwise rendered unrecognizable. Unless the removal or obscuring takes place within the scope of the ordinary or intended use of the products.
12. Protection of minors and age verification
a. By placing an order, the Customer confirms that he/she has reached the minimum age required to purchase the age-restricted products.
b. Products subject to the age restriction include fireworks and pyrotechnics.
c. The ordering of Goods subject to authorization as well as their supply presupposes that Customer has reached the age of twenty one and possess the necessary legal qualification or permit to acquire the goods.
By placing an order, the Customer confirms that that he/she is of legal age, that the information provided regarding the Customer's name and address is true, and that the Customer has the necessary qualifications and permission to acquire.
d. The Customer undertakes to provide the necessary proof of the prerequisites for the acquisition and possession of goods subject to authorization. In the absence of such proof, the Vendor shall be entitled to refuse the sale, delivery, or handover, or to rescind the sale, delivery or handover to the extent necessary and reasonable.
e. The Customer may only take receipt himself.
f. Additional General Terms and Conditions for goods subject to authorization will be communicated separately.
13. Instructions on Withdrawal
a. The information on the right of withdrawal for Consumers can be found in the Vendor's instructions on withdrawal.
b. The right of withdrawal does not apply to Consumers whose domicile, habitual residence or delivery address at the time of conclusion of the contract and delivery is outside a Member State of the European Union (EU) or the European Economic Area (EEA) and who do not belong to any of these Member States.
c. Customers can access the Vendor's instructions on withdrawal at the following Internet address: https://www.lhs24.de/en/cancellation-policy.
14. Voluntary right of return
a. The Vendor grants a voluntary return guarantee subject to the following conditions.
b. The period within which the ordered goods can be returned is 14 days from the receipt of the respective goods (the period begins on the day after receipt of the goods) or conclusion of the contract in the case of contracts for the purchase of digital content or for services. The return requires that the goods are dispatched on the last day of the period at the latest.
c. The goods to be returned must be sent back to the following address: LHS-Germany GmbH, Breiter Rasen 4, 97647 Nordheim v. d. Rhoen.
d. The statutory right of withdrawal of Customers who are consumers shall not be affected by compliance with the rules of the complementary return policy and shall remain in force irrespective thereof. This also applies to the warranty rights and other statutory rights as well as claims of the Customers with regard to the relevant products. If products are returned on the basis of the statutory right of withdrawal within the withdrawal period, then the regulations on the costs of sending and returning the products as well as reimbursement of the purchase price shall be determined in accordance with the right of withdrawal as well as the instructions on withdrawal provided to the Consumers.
e. The goods can only be returned in complete, unused, and undamaged condition.
f. Goods may only be returned in their original packaging.
g. The voluntary refund does not apply to goods that are not prefabricated and for the manufacture of which an individual choice of or decision by the Customer is decisive or which are made to the Customer’s specifications or are clearly personalised.
h. The voluntary refund does not apply for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
i. If goods are returned in accordance with this voluntary return guarantee, the Vendor will refund to the Customer the purchase price already paid for the goods.
j. The original shipping costs of the goods to the customer (outward shipping costs) will not be refunded on the basis of the voluntary return policy.
k. The costs of returning the goods from the Customer to the Vendor will not be reimbursed on the basis of the voluntary return policy.
l. The same means of payment used by the Customer in the initial transaction will be used for the repayment, unless expressly agreed otherwise with the Customer.
m. Customers are 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.
n. The amount to be repaid as a result of the voluntary refund shall be repaid by the seller to the buyer within 14 days of taking possession of the returned goods. The time of the order of the payment by the Vendor shall be decisive.
15. Warranty and Liability
a. Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.
b. This shortening of the time limit shall not apply in cases of fraudulent intent, intent, gross negligence, injury to life, limb and health, essential contractual obligations on which the fulfilment of the contract is based and on the fulfilment of which the Customer may rely (cardinal obligations) and in the event of the applicability of the product liability law as well as in the case of items which have been used for a building in accordance with their customary use and the defect has occurred in the building.
c. Notwithstanding the liability provisions of these GTC, material defects shall become statute-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the recourse of the entrepreneur.
d. In the case of used goods, the warranty of Customers who are entrepreneurs is excluded.
e. If the Customer is an entrepreneur, the Customer shall inspect the goods without undue delay, irrespective of the statutory obligations to give notice of defects and shall notify the Vendor of any recognizable material defects without undue delay and in writing, and of any non-recognizable material defects without undue delay after they have been discovered. Failure to inspect and notify the Vendor in good time shall result in the exclusion of any rights to assert claims in respect of material defects.
f. If the Customer is an entrepreneur, the choice is between subsequent improvement (i.e. rectification of defects) of defective goods or subsequent delivery (delivery of goods free of defects) by the Vendor.
g. Deviations in quality, weight, size, thickness, width, finish, pattern, color, etc. that are customary in the trade and permissible in accordance with quality standards do not constitute defects.
h. In relation to Customers who are entrepreneurs, only the information in the product description or other product specifications or manufacturer information expressly included by the Vendor shall be binding for the assessment of the condition and quality of the goods. Other information in the media or public statements as well as information from the manufacturer shall not be relevant.
i. The Vendor shall not be liable for the Customer's Internet connection or the software and hardware used by the Customer or any disruptions caused by them to the conclusion or performance of the contract between the Customer and the Vendor.
j. The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor's statutory warranty.
16. Final provisions
a. The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
b. The place of jurisdiction shall be at the Vendor's (registered) office if the Customer is an entrepreneur, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in the Vendor's country of business. The right of the Vendor to choose another admissible place of jurisdiction will remain unaffected.c. Should individually provisions of these terms of delivery be or become ineffective, the remaining provisions shall remain in effect.
17. Dispute Resolution
a. The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
b. We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.