General terms and conditions of business
§ 1 Scope
(1) The following terms and conditions form part of every contract between Lanz GmbH, Bernstadter Straße 5, 89198 Westerstetten, represented by Jochen Lanz, with its registered office there (hereinafter: Lanz GmbH) and the customer (hereinafter: Customer) as well as their legal successors.
(2) Lanz GmbH provides services and deliveries exclusively on the basis of these General Terms and Conditions.
Section 2 Data Protection
Our privacy policy applies with regard to data protection.
§ 3 Contract / Contractual Services
(1) The product presentation of Lanz GmbH, in particular in brochures, advertisements and on the Internet, does not yet constitute a binding offer from Lanz GmbH.
(2) For payments made by bank transfer (prepayment), the contract is concluded upon dispatch of the order confirmation to you via email. For cash on delivery, the contract is concluded upon transmission of a separate shipping confirmation via email and dispatch of the ordered product to the delivery address you provided. For self-collection, the contract is concluded upon handover of the goods.
(3) Lanz GmbH reserves the right to reject customer applications in individual cases.
(4) Orders and delivery addresses outside the Federal Republic of Germany will not be accepted. Any payments already made will be refunded or credited back to the credit card account.
§ 4 Delivery conditions / Shipping costs
(1) Delivery shall be made from the warehouse of Lanz GmbH to the delivery address specified by the customer, unless a deviation has been agreed in writing.
(2) Partial deliveries are permitted and are considered independent deliveries, unless a partial delivery is exceptionally unreasonable for the customer. Any additional costs incurred as a result will not be charged to the customer.
(3) Lanz GmbH will make every effort to meet the stated deadlines. If Lanz GmbH is in default, the customer may withdraw from the contract in accordance with the following provisions.
(4) Orders and any services will only be fulfilled by Lanz GmbH if there are no outstanding payments from other contracts. Payments will first be applied to any outstanding invoices, interest, and costs, in chronological order of their respective due dates.
§ 5 Statute of Limitations / Transfer of Risk
(1) The limitation period for claims arising from defects in quality is 24 months and begins upon delivery of the purchased item. If the customer is an entrepreneur (Section 14 of the German Civil Code), the period is 12 months from delivery.
the matter.
(2) Merchants are subject to the legal provisions, inspection and notification obligations under the German Commercial Code (HGB).
(3) Transfer of risk upon dispatch
The purchased goods will be delivered by sending the purchased item to the address provided by the buyer.
If the buyer is an entrepreneur and requests that the goods be shipped to a location other than the place of performance, the risk of accidental loss or accidental damage to the object of purchase passes to him as soon as the object of purchase has been handed over by Lanz GmbH to the shipping company, the forwarding agent or the carrier.
For consumers, the statutory provisions remain in effect.
§ 6 Payment Terms
(1) The prices listed on the website www.dreirad-elektrodreirad.de at the time of ordering shall apply.
(2) The purchase price is due immediately upon conclusion of the contract. Payment for the goods is made at the customer's discretion using one of the payment methods displayed during the ordering process.
(3) All prices are to be understood as end-customer prices including statutory VAT.
(4) In the event of default of payment by the customer, the customer is obliged to pay default interest to Lanz GmbH at a rate of 5% above the base interest rate if the customer is a consumer (Section 13 of the German Civil Code). If the customer is an entrepreneur (Section 14 of the German Civil Code), Section 6 Paragraph 4 Sentence 1 applies, with the proviso that the default interest rate is 8% above the base interest rate.
(5) Notwithstanding Section 6 Paragraph 4, Lanz GmbH remains free to prove a higher loss due to delay as well as any other loss.
(6) The customer is only entitled to set-off if the counterclaims are undisputed or have been legally established. The customer, acting as an entrepreneur, is only entitled to assert a right of retention because
counterclaims arising from the concluded contract.
(7) For chargebacks from direct debits or credit card reversals, Lanz GmbH reserves the right to charge a reasonable processing fee to be determined in each individual case, unless the customer is not responsible for the chargeback or credit card reversal.
(8) All shipping costs, in particular packaging, transport costs, transport insurance and delivery, are borne by the customer. All prices and additional costs are calculated according to the terms and conditions of Lanz GmbH.
The price lists applied at the time of provision and dispatch are used.
(9) If Lanz GmbH incurs additional shipping costs due to the provision of an incorrect delivery address or recipient, these costs shall be reimbursed by the customer unless he is not responsible for the incorrect information.
§ 7 Retention of Title
Lanz GmbH reserves the right to withhold all claims, including any outstanding balances and ancillary claims, against the customer now or in the future, for any legal reason, until all claims, including any balances and ancillary claims, have been satisfied.
Ownership of the delivered goods is transferred to [name of person/company].
§ 8 Limitation of Liability / Indemnification
(1) Except in cases of injury to life, body or health and breach of essential contractual obligations (cardinal obligations), Lanz GmbH shall only be liable for damages resulting from intentional or grossly negligent conduct. This also applies to indirect consequential damages, such as lost profits.
(2) Liability towards consumers is limited, except in cases of intentional or grossly negligent conduct, or in cases of injury to life, body or health and breach of essential contractual obligations (cardinal obligations), to damages typically foreseeable at the time of conclusion of the contract and, in all other respects, to the amount of typical average damages. This also applies to indirect consequential damages.
such as, in particular, lost profits.
(3) Liability towards entrepreneurs is limited to the typical costs incurred at the time of conclusion of the contract, except in cases of injury to life, body or health or intentional or grossly negligent conduct on the part of Lanz GmbH.
Foreseeable damages are covered, and otherwise the amount is limited to the average damages typical for this type of contract. This also applies to indirect damages, in particular lost profits.
(4) The limitations of liability set out in paragraphs 1 to 3 shall also apply mutatis mutandis to the employees and agents of Lanz GmbH.
(5) Claims for liability under the Product Liability Act remain unaffected.
§ 9 Applicable Law / Final Provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, or moves his residence abroad after conclusion of the contract, or if his residence is unknown at the time the action is brought, the place of performance and the place of jurisdiction for disputes arising from our contract shall be the registered office of Lanz GmbH.
(3) Should individual provisions of this contract be invalid or contradict statutory regulations, the remainder of the contract shall remain unaffected.
§ 10 Cancellation Policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us
Lanz GmbH
Bernstadter Straße 5
89198 Westerstetten
Tel: 0049 (0) 7348-9820845
Email: info@lanztec.de
You must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email).
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable 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 testing their condition, properties and functionality.
Disclaimer
1. Content of the online offer
The author assumes no liability for the timeliness, accuracy, completeness, or quality of the information provided. Liability claims against the author relating to material or immaterial damages caused by the use or non-use of the information provided, or by the use of incorrect or incomplete information, are generally excluded, unless the author can be proven to have acted with intent or gross negligence.
All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement, or delete parts of the pages or the entire offer without prior notice, or to temporarily or permanently discontinue publication.
2. References and links
In the case of direct or indirect references to external websites ("hyperlinks") that are outside the author's area of responsibility, liability would only apply if the author had knowledge of the content and it was technically possible and reasonable for him to prevent its use in the case of illegal content.
The author hereby expressly declares that no illegal content was discernible on the linked pages at the time the links were created. The author has no influence whatsoever on the current or future design, content, or authorship of the linked pages. Therefore, the author expressly disassociates himself from all content on all linked pages that were changed after the links were created. This statement applies to all links and references within the author's own website, as well as to entries made by third parties in guestbooks, discussion forums, and mailing lists set up by the author. The provider of the linked page, not the party merely providing the link, is solely liable for illegal, incorrect, or incomplete content and, in particular, for damages resulting from the use or non-use of such information.
3. Copyright and Trademark Law
The author strives to respect the copyrights of all graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by himself, or to use license-free graphics, sound documents, video sequences and texts.
All trademarks and brands mentioned within this website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by third-party rights!
The copyright for published material created by the author remains solely with the author of the pages. Reproduction or use of such graphics, audio recordings, video sequences, and texts in other electronic or printed publications is not permitted without the author's express consent.
4. Data protection
If the opportunity to enter personal or business data (email addresses, names, addresses) is provided within this website, the disclosure of this data by the user is expressly voluntary. The use and payment of all offered services is permitted – insofar as technically possible and reasonable – even without providing such data, or by providing anonymized data or a pseudonym. The use of contact information published within the legal notice or similar sections, such as postal addresses, telephone and fax numbers, and email addresses, by third parties for sending unsolicited information is prohibited. We expressly reserve the right to take legal action against senders of so-called spam emails who violate this prohibition.
5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication from which you were referred to this page. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain unaffected.
6. Right of withdrawal
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us
Lanz GmbH
Bernstadter Straße 5
89198 Westerstetten
Tel: 0049 (0) 7348-9820845
Email: info@lanztec.de
You must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email).
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable 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 testing their condition, properties and functionality.
End of the cancellation policy
