GENERAL TERMS AND CONDITIONS OF BUSINESS
§ 1 General information, scope of application
(1) The General Terms and Conditions of Business govern the contractual confidentiality between Ligne bb (Imprint) and the natural and legal entities, which the internet offering from Ligne bb use (hereinafter referred to as purchaser). The general terms and conditions relate to the use of the website ligne-bb.de as well as all the sub domains from this domain. (ligne-bb.de, ligne-bb.com, ligne-bb.net, ligne-bb.at, ligne-bb.be, ligne-bb.ch, ligne-bb.eu, ligne-bb.es, ligne-bb.nl) (2) The General Terms and Conditions of Business also apply to all future business relationships, even when not expressly agreed again. Deviations from these conditions are only effective if they are confirmed in writing. Any terms and conditions of the purchaser which we do not acknowledge in writing are also non-binding without explicit objection on our part. The purchaser shall be informed of any changes to these conditions in writing. They shall be deemed approved when the objection period expires if the purchaser does not make any objection in writing. We will clearly point out the consequence of this in our acknowledgment. The purchaser must send off any objection within a month of notification of the changes (objection period).
(3) Insofar as these conditions require written format the format will also be preserved via email or fax. (4) Consumers in the sense of § 13 BGB (German Civil Code) are reminded of their right to cancel .
§ 2 Entering into contract
(1) The presentation of Ligne bb’s goods and offers on the internet are non-binding invitations to the purchaser to order products from Ligne bb.
(2) By ordering the intended object of purchase over the internet, the purchaser submits a binding offer for the conclusion of a contract of sale.
(3) When you place an order with us we will send you an email to the email address provided by you, confirming your order and listing its details (order confirmation). This order confirmation does not constitute acceptance of your order but serves simply to inform you that we have received your order.
(4) Ligne bb is entitled to accept this offer within 3 days by sending an order confirmation. The order confirmation is issued by email. After the cancellation period referred to in section 1 passes without result the offer is deemed to have been rejected. A purchase contract shall only apply when we send the product ordered to you.
(3) If the items listed on the internet pages are updated under § 1 paragraph 1 all previous prices and other information about the object of purchase shall be invalid.
(4) The decisive factor for invoicing is the price upon the transmission of the purchase quotation to the purchaser.
§ 4 Payment, payment deadline, delayed payment
(1) Payment for goods can be made by prepayment, cash on delivery, giropay and credit card. Payment by cash on delivery is only possible within Germany. We reserve the right to accept or reject certain types of payment on a case-by-case basis.
(2) In the case of advanced payment the customer is obliged to pay the full amount immediately following the contract's conclusion. In the case of payment upon delivery the purchaser is obliged to pay the full amount immediately upon receipt of the ordered goods. Ligne bb would particularly like to point out that our contractors PD and Hermes only accept cash as payment for cash on delivery deliveries. In case of purchase on account (invoice), the purchaser is obliged to settle the invoice within 14 days following delivery of the goods. In the case of direct debit the collection takes place within one week following contract's completion. In the case of credit card payment the card will be deducted after verification. For credit card payments Ligne bb authorises the payment provider PayOne to collect the purchase amount.
(3) Should the customer find himself in arrears, he should be in a position to answer for any negligence. He is further liable for accidents as a result of this negligence, unless the damage would have also occurred with payment in due time.
(4) The purchase price is to be paid interest during the delay. The delay interest rate amounts to five percent points about the base interest rate for the year. In the case of legal transactions that do not involve a customer, the interest rate amounts to eight percentage points above the base lending rate. (5) The right to claim additional loss is not excluded.
§ 5 Delivery
(1) The delivery is carried out by sending the object of purchase to the address specified by the customer.
(2) The risk shall pass over to the customer as soon as the products are handed over to the shipping agent, carrier or the particular person or institution appointed to deliver the products.
§ 6 Preferred shipping method for returns
(1) Please use where possible the original packaging when sending the goods and accessories back, even if they have been damaged in the process of opening them to conduct a functional test. You are not obliged to do this however by sending back the original packaging you can avoid the possibility of us asking you to pay for the value of the missing original packaging. (2) Please use the completed and pre-stamped return address label attached to the delivery. This is the easiest and cheapest method for return. There is no commitment to carrying out this return process. If however you choose a needlessly expensive shipping mode, you may be obliged to repay us for the price difference between the costlier and a less costly shipping mode.
§ 7 Reservation of title
The purchased item remains the property of Ligne bb until the full purchase price has been settled. As long as this reservation of title exists the purchaser may not sell the goods nor dispose of them, nor in particular offer the use thereof to third parties. Before transfer of ownership, the customer is not entitled to pledge, assign as security, process or redesign the item without explicit consent of Ligne bb.
§ 8 Rescission
(1) Ligne bb is also entitled to rescind from the contract if part of the delivery or service remains open, if false information about the credit worthiness of the purchaser has been made or objective reasons with regard to the purchaser’s ability to pay arise, e.g. the start of insolvency proceedings on the purchaser’s assets or the or rejection of a respective application due to lack of funds. Before rescission, the customer is granted the option of depositing a down payment or providing a security.
(2) Irrespective of possible indemnity claims, partial performances already made are to be billed and paid for according to contract in case of a partial rescission.
§ 9 Warranty
(1) Ligne bb guarantees that the product, upon delivery, has no flaws. If the buyer is a consumer in accordance within § 13 of the German Civil Code [BGB], the following provisions shall apply. For purchasers who are business owners in accordance with § 14 German Civil Code [BGB], the following provisions shall apply as a matter of priority:
(2) The purchaser shall examine the contractual product immediately as far as this is possible in accordance with the orderly course of business. If there is a defect they shall immediately notify this defect in writing or by fax or email within 14 days after receipt of the goods at the latest. Should the purchaser neglect to inform the seller then the goods are deemed accepted unless it is a matter of a deficiency which was not recognisable during inspection. If such a defect emerges later on, the purchaser must make this known immediately after the identification; otherwise the purchased item is deemed accepted even in view of the defect, for entrepreneurs §§ 377, 378 German Commercial Code (HGB) shall apply. You have 5 days in which to complain. These provisions do not apply if the defect was fraudulently concealed. If the notification is sent off in time then the purchaser’s rights shall be upheld.
(3) If Ligne bb replaces a flawless product, Ligne bb can require the purchaser to return the faulty item purchased. v (4) The purchaser’s warranty claims expire after two years for consumers and in one year for other entities.
(5) Defects that have been caused by the purchaser through improper, or use contrary to contract, during installation, connection, appliance or storage, do not justify any claim against Ligne bb. Improper use and violation of contract are particularly determined by the information provided by the manufacturer of the delivered goods (i.e. instructions for care).
(6) The photos which are attached to the offers are only representative of non-binding samples of the respective objects. The actual appearance can therefore deviate from the photo (for example with regard to colour and size).
§ 10 Limitation of liability
(1) Ligne bb is only liable for any damage other than damage resulting from personal injury or death only to the extent such damage results from wilful misconduct or gross negligence or from the violation of an essential contractual obligation attributable to Ligne bb or to any of our employees or subcontractors. Principle contractual obligations are obligations which fulfil the adequate and orderly implementation of the contract, which the customer may continuously rely on. Any further liability for compensation of damages is excluded. Claims concerning warranties, given by Ligne bb, on the condition of the object of purchase and the Product Liability Act, remain unaffected hereby.
(2) According to the current state of technology it can not be guaranteed that the transmission of data via internet will be error-free and/or possible at any time. For such reason, we are not liable for our access and presence on the internet.
§ 11 Data protection
(1) All the personal data required to fulfil your order will be processed in machine-readable format and treated confidentially. Any data required to process an order such as a name or address will be forwarded in connection with fulfilling the delivery with the company contracted to delivery the item purchased. The customer shall receive notice in accordance with paragraph 33 of BDSG (German data protection regulations).
(2) We shall save the contractual text and send you the order data and our general terms and conditions by email. You can also take a look at our terms and conditions any time on the internet here .
§ 12 Cancellation policy
You may revoke your contractual agreement without having to provide a reason for doing so within 14 days in writing (e.g. by letter, fax, e-mail) or by returning the delivery in full, if the goods are surrendered to you before the deadline is over. The grace period for cancellation begins upon receipt of the goods and this notification by the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and not before we have met our information duties and other duties as defined by Civil Code article 246 § 2 in relation to § 1 para 1 and 2 EGBGB (Introductory Law to the German Civil Code) as well as our obligations under Section 312e para 1 item 1 German Civil Code in relation to article 246 § 3 EGBGB. In order to meet the cancellation deadline it is sufficient to dispatch the revocation or goods in time. You should direct your cancellation to:
Ligne bb GmbH & Co. KG
Potthoffstrasse 17 Str. 154
D-58332 Schwelm
Phone: 0049 (0)2336 / 442045- 0
Fax: 0049 (0)2336 / 442045 - 99
info@ligne-bb.de
www.ligne-bb.de
Consequences of cancellation
In the event of a viable cancellation, deliveries by either party must be returned and compensation provided for use of the same (e.g. interest). If you are unable to release the rendered service either in full or in part or only in deteriorated condition, you may be liable to pay compensation in this respect. This does not apply if the relevant impairment of the goods is due to the simple trial use of the product, which the customer would have reasonably been able to conduct in a store. In other respects you can avoid the obligation to compensate for a deterioration due to the utilisation of the good as intended by not using the goods as if they were your property and by refraining from doing anything that could impair their value. You have to bear the cost of returning if the goods ordered conform with those ordered, and if the price of the items returned does not exceed an amount of 40 Euros or if in the case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the point in time of cancellation. Otherwise, returning the goods is free of charge for you. Goods that cannot be sent as parcels will be picked up by us. Obligations to refund payments must be met within 30 days. The deadline shall commence for you on the date you sent the notice of cancellation and for us, following its receipt.
End of the cancellation policy
§ 13 Area of Jurisdiction
All disputes from this legal relationship are governed by the law of the Federal Republic of Germany. The UN laws of purchase do not apply. If the Contracting Parties are business people, the court where Ligne bb has its seat has, responsibly, provided that for the dispute an exclusive legal venue is not founded. The same place of litigation is valid if the business person doesn't have any general place of litigation within the country. However, we shall be at liberty to bring our claims before the court at the registered office of the Ordering Party.
§ 14 Final provisions and severability
(1) Should any clause of this agreement be found to be or become partially or wholly invalid this shall not affect the validity of the remaining clauses. On realising its ineffectiveness, the contractual parties shall agree to replace the ineffective part with one which comes closest in legal terms. The same shall apply if the contract is found to have a loophole.
(2) Changes or additions to this contract have to be made in writing. This applies also to the amendment of this provision.
(1) The General Terms and Conditions of Business govern the contractual confidentiality between Ligne bb (Imprint) and the natural and legal entities, which the internet offering from Ligne bb use (hereinafter referred to as purchaser). The general terms and conditions relate to the use of the website ligne-bb.de as well as all the sub domains from this domain. (ligne-bb.de, ligne-bb.com, ligne-bb.net, ligne-bb.at, ligne-bb.be, ligne-bb.ch, ligne-bb.eu, ligne-bb.es, ligne-bb.nl) (2) The General Terms and Conditions of Business also apply to all future business relationships, even when not expressly agreed again. Deviations from these conditions are only effective if they are confirmed in writing. Any terms and conditions of the purchaser which we do not acknowledge in writing are also non-binding without explicit objection on our part. The purchaser shall be informed of any changes to these conditions in writing. They shall be deemed approved when the objection period expires if the purchaser does not make any objection in writing. We will clearly point out the consequence of this in our acknowledgment. The purchaser must send off any objection within a month of notification of the changes (objection period).
(3) Insofar as these conditions require written format the format will also be preserved via email or fax. (4) Consumers in the sense of § 13 BGB (German Civil Code) are reminded of their right to cancel .
§ 2 Entering into contract
(1) The presentation of Ligne bb’s goods and offers on the internet are non-binding invitations to the purchaser to order products from Ligne bb.
(2) By ordering the intended object of purchase over the internet, the purchaser submits a binding offer for the conclusion of a contract of sale.
(3) When you place an order with us we will send you an email to the email address provided by you, confirming your order and listing its details (order confirmation). This order confirmation does not constitute acceptance of your order but serves simply to inform you that we have received your order.
(4) Ligne bb is entitled to accept this offer within 3 days by sending an order confirmation. The order confirmation is issued by email. After the cancellation period referred to in section 1 passes without result the offer is deemed to have been rejected. A purchase contract shall only apply when we send the product ordered to you.
§ 3 Prices and shipping costs
(1) The indicated price is understood as the final price including any value-added tax due or other components. The price does not cover the delivery and shipping expenses. These are dependent on the choice of delivery and the size and weight of the goods ordered. You can get more details at http://www.ligne-bb.de/Versandkosten:_:1.html. We shall bear any normal cost for sending back goods in the event that you wish to return goods in line with your right to cancel if the value of the order does not exceed € 40.00. If you do decide to cancel we shall refund you the delivery costs of the order.
(2) For deliveries abroad, as far as nothing else is indicated, the cost for postage and packaging is calculated separately according to weight. If the purchaser particularly wishes a special kind of delivery which incurs greater cost they should then bear the extra costs.(3) If the items listed on the internet pages are updated under § 1 paragraph 1 all previous prices and other information about the object of purchase shall be invalid.
(4) The decisive factor for invoicing is the price upon the transmission of the purchase quotation to the purchaser.
§ 4 Payment, payment deadline, delayed payment
(1) Payment for goods can be made by prepayment, cash on delivery, giropay and credit card. Payment by cash on delivery is only possible within Germany. We reserve the right to accept or reject certain types of payment on a case-by-case basis.
(2) In the case of advanced payment the customer is obliged to pay the full amount immediately following the contract's conclusion. In the case of payment upon delivery the purchaser is obliged to pay the full amount immediately upon receipt of the ordered goods. Ligne bb would particularly like to point out that our contractors PD and Hermes only accept cash as payment for cash on delivery deliveries. In case of purchase on account (invoice), the purchaser is obliged to settle the invoice within 14 days following delivery of the goods. In the case of direct debit the collection takes place within one week following contract's completion. In the case of credit card payment the card will be deducted after verification. For credit card payments Ligne bb authorises the payment provider PayOne to collect the purchase amount.
(3) Should the customer find himself in arrears, he should be in a position to answer for any negligence. He is further liable for accidents as a result of this negligence, unless the damage would have also occurred with payment in due time.
(4) The purchase price is to be paid interest during the delay. The delay interest rate amounts to five percent points about the base interest rate for the year. In the case of legal transactions that do not involve a customer, the interest rate amounts to eight percentage points above the base lending rate. (5) The right to claim additional loss is not excluded.
§ 5 Delivery
(1) The delivery is carried out by sending the object of purchase to the address specified by the customer.
(2) The risk shall pass over to the customer as soon as the products are handed over to the shipping agent, carrier or the particular person or institution appointed to deliver the products.
§ 6 Preferred shipping method for returns
(1) Please use where possible the original packaging when sending the goods and accessories back, even if they have been damaged in the process of opening them to conduct a functional test. You are not obliged to do this however by sending back the original packaging you can avoid the possibility of us asking you to pay for the value of the missing original packaging. (2) Please use the completed and pre-stamped return address label attached to the delivery. This is the easiest and cheapest method for return. There is no commitment to carrying out this return process. If however you choose a needlessly expensive shipping mode, you may be obliged to repay us for the price difference between the costlier and a less costly shipping mode.
§ 7 Reservation of title
The purchased item remains the property of Ligne bb until the full purchase price has been settled. As long as this reservation of title exists the purchaser may not sell the goods nor dispose of them, nor in particular offer the use thereof to third parties. Before transfer of ownership, the customer is not entitled to pledge, assign as security, process or redesign the item without explicit consent of Ligne bb.
§ 8 Rescission
(1) Ligne bb is also entitled to rescind from the contract if part of the delivery or service remains open, if false information about the credit worthiness of the purchaser has been made or objective reasons with regard to the purchaser’s ability to pay arise, e.g. the start of insolvency proceedings on the purchaser’s assets or the or rejection of a respective application due to lack of funds. Before rescission, the customer is granted the option of depositing a down payment or providing a security.
(2) Irrespective of possible indemnity claims, partial performances already made are to be billed and paid for according to contract in case of a partial rescission.
§ 9 Warranty
(1) Ligne bb guarantees that the product, upon delivery, has no flaws. If the buyer is a consumer in accordance within § 13 of the German Civil Code [BGB], the following provisions shall apply. For purchasers who are business owners in accordance with § 14 German Civil Code [BGB], the following provisions shall apply as a matter of priority:
(2) The purchaser shall examine the contractual product immediately as far as this is possible in accordance with the orderly course of business. If there is a defect they shall immediately notify this defect in writing or by fax or email within 14 days after receipt of the goods at the latest. Should the purchaser neglect to inform the seller then the goods are deemed accepted unless it is a matter of a deficiency which was not recognisable during inspection. If such a defect emerges later on, the purchaser must make this known immediately after the identification; otherwise the purchased item is deemed accepted even in view of the defect, for entrepreneurs §§ 377, 378 German Commercial Code (HGB) shall apply. You have 5 days in which to complain. These provisions do not apply if the defect was fraudulently concealed. If the notification is sent off in time then the purchaser’s rights shall be upheld.
(3) If Ligne bb replaces a flawless product, Ligne bb can require the purchaser to return the faulty item purchased. v (4) The purchaser’s warranty claims expire after two years for consumers and in one year for other entities.
(5) Defects that have been caused by the purchaser through improper, or use contrary to contract, during installation, connection, appliance or storage, do not justify any claim against Ligne bb. Improper use and violation of contract are particularly determined by the information provided by the manufacturer of the delivered goods (i.e. instructions for care).
(6) The photos which are attached to the offers are only representative of non-binding samples of the respective objects. The actual appearance can therefore deviate from the photo (for example with regard to colour and size).
§ 10 Limitation of liability
(1) Ligne bb is only liable for any damage other than damage resulting from personal injury or death only to the extent such damage results from wilful misconduct or gross negligence or from the violation of an essential contractual obligation attributable to Ligne bb or to any of our employees or subcontractors. Principle contractual obligations are obligations which fulfil the adequate and orderly implementation of the contract, which the customer may continuously rely on. Any further liability for compensation of damages is excluded. Claims concerning warranties, given by Ligne bb, on the condition of the object of purchase and the Product Liability Act, remain unaffected hereby.
(2) According to the current state of technology it can not be guaranteed that the transmission of data via internet will be error-free and/or possible at any time. For such reason, we are not liable for our access and presence on the internet.
§ 11 Data protection
(1) All the personal data required to fulfil your order will be processed in machine-readable format and treated confidentially. Any data required to process an order such as a name or address will be forwarded in connection with fulfilling the delivery with the company contracted to delivery the item purchased. The customer shall receive notice in accordance with paragraph 33 of BDSG (German data protection regulations).
(2) We shall save the contractual text and send you the order data and our general terms and conditions by email. You can also take a look at our terms and conditions any time on the internet here .
§ 12 Cancellation policy
You may revoke your contractual agreement without having to provide a reason for doing so within 14 days in writing (e.g. by letter, fax, e-mail) or by returning the delivery in full, if the goods are surrendered to you before the deadline is over. The grace period for cancellation begins upon receipt of the goods and this notification by the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and not before we have met our information duties and other duties as defined by Civil Code article 246 § 2 in relation to § 1 para 1 and 2 EGBGB (Introductory Law to the German Civil Code) as well as our obligations under Section 312e para 1 item 1 German Civil Code in relation to article 246 § 3 EGBGB. In order to meet the cancellation deadline it is sufficient to dispatch the revocation or goods in time. You should direct your cancellation to:
Ligne bb GmbH & Co. KG
Potthoffstrasse 17 Str. 154
D-58332 Schwelm
Phone: 0049 (0)2336 / 442045- 0
Fax: 0049 (0)2336 / 442045 - 99
info@ligne-bb.de
www.ligne-bb.de
Consequences of cancellation
In the event of a viable cancellation, deliveries by either party must be returned and compensation provided for use of the same (e.g. interest). If you are unable to release the rendered service either in full or in part or only in deteriorated condition, you may be liable to pay compensation in this respect. This does not apply if the relevant impairment of the goods is due to the simple trial use of the product, which the customer would have reasonably been able to conduct in a store. In other respects you can avoid the obligation to compensate for a deterioration due to the utilisation of the good as intended by not using the goods as if they were your property and by refraining from doing anything that could impair their value. You have to bear the cost of returning if the goods ordered conform with those ordered, and if the price of the items returned does not exceed an amount of 40 Euros or if in the case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the point in time of cancellation. Otherwise, returning the goods is free of charge for you. Goods that cannot be sent as parcels will be picked up by us. Obligations to refund payments must be met within 30 days. The deadline shall commence for you on the date you sent the notice of cancellation and for us, following its receipt.
End of the cancellation policy
§ 13 Area of Jurisdiction
All disputes from this legal relationship are governed by the law of the Federal Republic of Germany. The UN laws of purchase do not apply. If the Contracting Parties are business people, the court where Ligne bb has its seat has, responsibly, provided that for the dispute an exclusive legal venue is not founded. The same place of litigation is valid if the business person doesn't have any general place of litigation within the country. However, we shall be at liberty to bring our claims before the court at the registered office of the Ordering Party.
§ 14 Final provisions and severability
(1) Should any clause of this agreement be found to be or become partially or wholly invalid this shall not affect the validity of the remaining clauses. On realising its ineffectiveness, the contractual parties shall agree to replace the ineffective part with one which comes closest in legal terms. The same shall apply if the contract is found to have a loophole.
(2) Changes or additions to this contract have to be made in writing. This applies also to the amendment of this provision.
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