General Terms and Conditions (AGB) of Multi-Lite Lichttechnik Handels GmbH for consumer
Multi-Lite Lichttechnik Handels GmbH, Senefelder-Ring 61, 21465 Reinbek, Deutschland
Phone: +49 40 66 99 30 - 70
Company's registered office: Reinbek bei Hamburg
Commercial register: Amtsgericht Hamburg, HRB 15359 HL
VAT identification number: DE135109898
WEEE-Reg.No.: DE 59770242
D-U-N-S No: 327862603
Responsible according to § 55 Abs. 2 Rundfunkstaatsvertrag: Philippe Ancion, Wolfgang Massow
§ 1 Applicability and definitions
(1) The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all orders by consumers which are made via the supplier's consumer shop (B2C shop).
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity. For entrepreneurs, our General Terms and Conditions of Multi-Lite Lichttechnik Handels GmbH for entrepreneurs apply in the shop directed at our commercial or self-employed customers (B2B shop).
(3) For the business relationship between the supplier and the customer, the following General Terms and Conditions apply exclusively in their version valid at the time of the order. Deviating general terms and conditions of the customer are not accepted unless the supplier expressly agrees to their validity in writing.
(4) Insofar as we refer to working days for deadlines, these are all days except for Saturdays, Sundays and public holidays which apply at our registered office.
§ 2 Conclusion of contract
(1) You can select products from our range and collect them in a so-called shopping cart by clicking on the button "Add to cart". In the shopping cart you can start the ordering process for the products collected in the shopping cart by clicking on the button "Checkout". After you have entered your customer data (or logged into your customer account) and selected the shipping method and payment method, you can submit a binding offer to purchase the selected products by clicking on the button "Purchase". Before submitting the offer, you can view and change the data at any time. The offer can only be submitted if, by ticking the checkboxes "I have read and acknowledged the data protection information" and "I have read and accepted the General Terms and Conditions (GTC). I have taken note of the right of withdrawal.", you have accepted our contractual conditions and thereby included them in your offer and confirmed that you have read the data protection notice and right of withdrawal.
(2) We will then send you an automatic confirmation of receipt by e-mail, in which your order will be listed again and which you can print out using the "Print" function. The automatic confirmation of receipt solely documents that we have received your order and does not constitute acceptance of the offer. The contract is not concluded until we have submitted the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order, terms and conditions and order confirmation) will be sent to you by us on a permanent data carrier such as e-mail or paper printout (contract confirmation).
(3) The contract shall be concluded in German or English.
§ 3 Delivery, Availability of goods
(1) Delivery times stated by us are calculated from the time of our order confirmation, provided prior payment of the purchase price (except for purchase on account). If no delivery time or no deviating delivery time is indicated for the respective goods in our online shop, it is 3-5 working days.
(2) If the ordered products are not available at the time of your order, we will inform you immediately in the order confirmation. If the product is permanently unavailable, we will refrain from issuing a order confirmation. In this case a contract is not concluded.
(3) If the product you have ordered is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.
(4) The following delivery restrictions apply: The supplier only delivers to customers who have their regular residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany.
§ 4 Retention of title
The delivered goods remain our property until full payment has been made.
§ 5 Prices and shipping costs
(1) All prices quoted on our B2C shop are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated in the order overview and are to be borne by you, unless you exercise your right of withdrawal. From an order value of 100 EUR, we deliver to you free of shipping costs.
(3) The goods will be shipped by DHL. The supplier bears the shipping risk if the customer is a consumer.
(4) In the event of a withdrawal, the customer shall bear the direct costs of the return.
§ 6 Terms of payment
(1) You can pay by credit card (VISA/Mastercard), PayPal, advance payment or on account. However, payment on account is only possible for customers with a customer account and corresponding activation by us. In addition, we offer payment on account for all customers via the payment service provider Klarna.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, you are already in default by missing the deadline. In this case you shall pay us default interest for the year at a rate of five percentage points above the basic rate of interest.
(3) Your obligation to pay interest on arrears does not exclude us from asserting further damages caused by default.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
(2) An additional guarantee exists for the goods delivered by us only if this was expressly included in the item description or in the order confirmation for the respective product.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the supplier, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the supplier shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the supplier if claims are made directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the supplier has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The regulations of the Product Liability Act remain unaffected.
§ 9 Withdrawal instruction
(1) When concluding a distance contract, consumers generally have a statutory right of withdrawal, which we will inform you about in the following in accordance with the statutory sample form for withdrawal. The exceptions to the right of withdrawal are regulated in paragraph 2. Paragraph 3 contains a sample withdrawal form.
Right of withdrawal: You have the right to withdraw from this contract within 14 days without stating any reasons.
The withdrawal period will expire after 14 days from the day on which you or a third party you nominated and who is not the carrier received the good(s).
In order to exercise your right of withdrawal, you shall inform us (Multi-Lite Lichttechnik Handels GmbH, Senefelder-Ring 61, 21465 Reinbek, Germany, Phone: +49 40 66 99 30 - 70, Email: shop-b2c(at)multi-lite.com) mittels einer eindeutigen Erklärung (z.B. ein mit der Post versandter Brief oder E-Mail) of your decision to withdraw from the contract by means of an unequivocal declaration (for example, in a letter sent by post, telefax or email). For this, you may use the attached withdrawal form, although this is not a strict requirement.
It shall be deemed sufficient for compliance with the withdrawal term, if you dispatch the notification of exercising the right of withdrawal before the withdrawal term has expired.
Consequences of withdrawal When you withdraw from this contract, we are obligated to refund all of the payments that we have received from you, including delivery costs (except additional costs resulting from your decision to use a different delivery method than the cheapest standard method we offer), without any undue delay and within no more than 14 days after receipt of your notification of withdrawal. For this refund, we will use the same payment that you used for the original transaction, unless expressly agreed otherwise with you; in any event, we shall not charge you any fees on the basis of this refund. We may refuse to make the refund until we have received back the goods or until you have provided evidence that you have sent back the goods, whichever is earlier.
You are obliged to return the goods without any undue delay and in any event within no more than 14 days after the date on which you notified us of the withdrawal. The deadline will be upheld provided the goods have been dispatched within 14 days of the notification.
(2) There are legal exceptions to the right of withdrawal according to § 312g BGB. Among other things, the right of withdrawal does not apply to contracts for delivery of:
• goods that are not pre-fabricated and the production of which is governed by an individual choice of or decision by the consumer, or that are clearly tailored to personal needs of the consumer,
• sealed goods which are not suitable for return due to health protection or hygiene reasons, if such goods were unsealed after delivery,
• sealed audio or sealed video recordings or sealed computer software, if they were unsealed after delivery.
(3) We provide information on the sample withdrawal form in accordance with the statutory regulations as follows: Sample Withdrawal Form
(If you would like to revoke your contract, please fill out this form and send it back to us.)
— I/We (*) hereby revoke the contract, agreed upon by me/us (*), for the purchase of the following goods/for the provision of the following services (*)
— Ordered on (*)/received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only for notification on paper)
(*) Delete as applicable
§ 10 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the supplier and the customers, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The contract shall remain binding in its remaining parts even if individual provisions are legally invalid. In place of the ineffective provisions, the statutory provisions shall apply, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract in its entirety shall become invalid.
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