Terms and Conditions
General Terms and Conditions of Business and Consumer Information
1.1 These Terms and Conditions of Business of iLOPACK AG (hereinafter referred to as the "Vendor") apply to all contracts concluded by the Customer with the Vendor concerning products represented in the online shop of the Vendor (Lanserhof Shop). Any inclusion of the terms and conditions of the Customer is hereby rejected, unless the parties expressly agree otherwise.
1.2 "Customers" in the meaning of Sec. 1.1 can be both consumers and businesses, whereby a consumer is any natural person who enters into a legal transaction for a purpose that is neither attributable to their commercial or independent professional or business activity. By contrast, a business person is any natural or legal person, or legal partnership that pursues an independent professional or commercial activity when concluding a legal transaction.
2 Contract conclusion
2.1 The product representations contained in the Vendor's online shop serve for the Customer submitting a legally binding offer.
2.2 The Customer can submit the offer over the order form integrated into the Vendor's online shop. When using the online order form to order, and after entering their personal data and clicking the "Confirm Purchase" button in the final step of the order process, the Customer submits a legally binding contractual offer related to the goods contained in the basket. Prior to finally submitting his binding order, the Customer can always make corrections to any of the entries made by using the standard keyboard and mouse functions. All the entries are displayed anew in a confirmation window before the binding order is submitted and can be corrected using the standard keyboard and mouse functions.
2.3 The Vendor confirms receipt of the Customer's offer by email immediately afterwards. Within five days of receiving it, the Vendor can choose to accept the Customer's offer by sending a written (letter) or electronically transmitted (fax or email) order confirmation or by delivering the goods. The Vendor is also entitled to refuse to accept the order.
2.4 The order information is stored by the Vendor and can be accessed by the Customer in his password-protected account once his order has been shipped, insofar as the Customer has created an account in the Vendor's online shop prior to submitting his order.
3 Cancellation policy, right of cancellation
You can cancel your contractual declaration within 14 days without giving reason in writing (e.g. by letter, fax or email) or by returning the goods if you received them prior to the cancellation deadline. The period begins on receiving this cancellation policy, but not before the recipient receives the goods (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery), and also not prior to our fulfilling our obligations under Article 246 Sec. 2 in connection with Sec. 1. Para. 1 and 2 Introductory Act to the German Civil Code (EGBGB) and our obligations in accordance with Sec. 312e Para. 1 Sentence 1 German Civil Code (BGB) in conjunction with Article 246 Sec. 3 EGBGB. Sending the notification of cancellation or returning the goods within the due period suffices to comply with the cancellation deadline.
Notification of cancellation should be sent to:
Chairman: Reiner Tetz
Kleingladbacher Str. 30
Fax: +49 (0)2433 / 2103
4 Consequences of cancellation
In the event of an effective cancellation, the goods and services received by both parties are to be returned and any benefits drawn (e.g. interest) surrendered. If you are unable to return the goods and services received either wholly or partially, or can only return them to us in an impaired state, you have to pay us compensation to the extent necessary if we so require it. On surrendering the goods and services, this does not apply if the impairment is caused exclusively by an inspection made upon them, as would have been possible for you at our shop. In all other cases, you can avoid the obligation to pay compensation for an impairment caused by the proper use of the goods, by not using them as your own property and refraining from undertaking anything that could impair their value. Transportable goods are to be returned at our risk. You have to bear the cost of returning the goods if the delivered goods correspond to the ordered goods, and if the price of the goods to be returned does not exceed the amount of 40 Euros, or, if the price is higher, if you have not yet paid the consideration at the time of cancellation, or not yet made a contractually agreed part payment. In all other cases, returning the goods costs you nothing. We pick up goods that cannot be sent as a parcel. Obligations to reimburse payments must be fulfilled within 30 days. For you, the period begins when you send your notification of cancellation or the goods, and for us, on their receipt.
End of cancellation policy
5 Costs of return when exercising the right of cancellation
If the Customer has a right to cancel in accordance with Sec. 312 Para. 1 Sentence 1 GCC (BGB), on exercising his right to cancel, the regular cost of return will be imposed upon him, if the price of the goods to be returned does not exceed the amount of 40 Euros, or, if the price of the goods is higher, the customer has not yet paid the consideration or made part payment at the time of cancellation, unless the delivered goods do not correspond to those ordered. In all other cases, the Vendor bears the cost of return. The right of cancellation does not apply to companies and business persons and the cost of return shall be borne by the Customer if the Customer is a company or business person.
6 Prices and payment terms
6.1 The prices quoted by the Vendor are final, i.e. they include all price components, including statutory German VAT if the Customer is an end customer. If the Customer is a company or business person, all prices are quoted exclusive of VAT. Any additional delivery and shipping costs are itemised separately for each product displayed in the offer.
6.2 The Vendor offers the following payment options for contracts concluded over the online shop, provided that the related product description in the offering does not state otherwise:
6.2.1 For deliveries in Germany:
1. Pre-payment by
- Bank transfer
2. Cash on delivery
6.2.2 For deliveries abroad:
1. Pre-payment by
- Bank transfer
BIn individual cases, further costs may apply to deliveries made to countries outside the European Union, such as additional taxes and/or charges in the form of duties and levies.
6.3 Collections are not possible for logistical reasons.
6.4 The customer is only entitled to offset if the counterclaim is undisputed, legally established or recognised by the Vendor.
6.5 The customer can only exercise a right of retention if it concerns claims that arise from the same contract.
7 Terms and conditions of delivery and shipping; transfer of risk
7.1 Goods are delivered regularly using transport means to the delivery address specified by the customer. When processing the transaction, the delivery address provided in the Vendor's order processing system applies exclusively.
7.2 If delivery cannot be made to the customer, the company assigned with delivery sends the goods back to the Vendor, whereby the Customer has to carry the cost of unsuccessful delivery. This does not apply if the Customer is not responsible for unsuccessful delivery, or uses this means to exercise his right to cancel.
7.3 The risk of accidental loss and deterioration of the goods sold always transfers on the goods being handed over to the customer or a person authorised to receive. If the customer is a business person or company (acting in a commercial or professional capacity; Sec. 14 GCC (BGB)), the risk of accidental loss and deterioration for sales shipments transfers to an appropriate transport person when the delivery of the goods takes place from the Vendor's place of business.
7.4 Subject to correct and timely self-delivery, all agreed delivery dates apply to a business person or company, in cases where the Vendor has concluded a concrete covering transaction and is not responsible for the lack of availability.
8 Retention of title
The goods delivered by the Vendor remain the property of the Vendor until full payment has been received.
9 Liability for defects
The statutory provisions apply if the purchased item is defective. The following applies in deviation to this:
9.1 1 For business persons/companies - A minor defect does not establish reason for a warranty claim. - The Vendor is entitled to choose the type of remedy, - For new goods, the limitation period for defects is one year from the date of risk transfer. - Rights and claims for defects do not apply to used goods. - The limitation period is not renewed if replacement delivery takes place within the framework of the warranty.
9.2 The limitation period for consumers for claims for defects: - For new goods: two years from the date the goods are delivered to the customer. - For used goods: one year from the date the goods are delivered to the customer.
9.3 For business persons and companies, the statute of limitations for the right of recourse remains unaffected pursuant to Sec. 478 GCC (BGB); the same applies to business persons and companies and consumers in the event of a deliberate breach of duty and fraudulent concealment of defects.
9.4Also applicable to businesses and consumers is that the aforementioned limitations of liability under Sec. 7.1 and Sec. 7.2 do not apply to claims for damages and expenses that the purchaser may assert under the statutory provisions for defects. Sec. 8 applies to these claims.
9.5 If the customer is a merchant as defined in Sec. 1 German Commercial Code (HGB), the commercial obligation of examination and notification of defects applies to him in accordance with Sec. 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are considered approved.
9.6If the Customer is a consumer, he is asked to complain to the deliverer about goods delivered with obvious transport damage and inform the Vendor of this. If the Customer fails to comply with this, it has no effect on his statutory or contractual warranty claims.
9.7 7 If subsequent performance take place by way of replacement, the customer is obliged to return the goods at the Vendor's expense within 30 days. The return of defective goods is to take place in accordance with the statutory provisions.
9.8 Assigning claims for defects by the customer is excluded.
10.1 The Vendor remains fully liable for any legal reason in the event of loss of life, limb or health, in cases of intent and gross negligence, malice and warranty promise, and if liability applies according to mandatory statutory provisions, such as the Product Liability Act (ProdHaftG).
10.2 The Vendor shall also be liable for whatever legal reason as follows:
10.2.1 If the Vendor has negligently breached a material contractual obligation (cardinal duty), the obligation to pay damages is limited to the predictable and typically occurring damages. Material contractual obligations are obligations imposed upon the Vendor by the contract by way of its contents for the purpose of achieving the contractual object that render the correct performance of the contract altogether possible and on whose compliance the Customer can regularly place his trust.
10.2.2 Liability is limited to the value of the contract if the Vendor has negligently breached an immaterial contractual obligation.
11 Data protection
12 Information on the German Battery Ordinance
12.1 Used batteries are not allowed to be disposed of in household waste. Customer can deposit used batteries at a municipal disposal point or local shop. With the exception of starter batteries, depositing old batteries at municipal disposal points is free of charge. Batteries the customer received in delivery from the Vendor can be returned to the Vendor by post if sufficient postage is paid.
12.2 Batteries containing harmful substances are marked with a symbol showing a crossed out wheelie bin. The chemical name of the pollutant—in the example here, "Cd" for cadmium—is displayed under the wheelie bin. "Pb" stands for lead; "Hg" for mercury.
12.3 The following special conditions apply to the sale of starter batteries:
12.3.1 Pursuant to Sec. 6 German Battery Ordinance (BattV), the Vendor is obliged to charge the Customer a deposit of €7.50 including VAT if the Customer does not return a used starter battery when purchasing a new starter battery from the Vendor.
12.3.2 2 When purchasing a starter battery, the customer receives a deposit voucher. On surrendering the old starter battery at a disposal point set-up by the public waste management authorities, the customer needs to confirm that the battery has been disposed of by having the voucher stamped and signed. The Customer can then send the voucher back to the Vendor stating his customer number and have the deposit refunded. Alternatively, the customer can also hand his old starter battery and the deposit voucher over to the Vendor directly and have the deposit refunded on the spot. (The hazardous material regulations forbid sending old starter batteries to the Vendor.)
12.4 The Customer can also read this information again in the documents accompanying the shipment or in the manufacturer's instructions.
13 Information on the German Packaging Ordinance
13.1 In accordance with the regulations of the German Packaging Ordinance (VerpackV), if the packaging for our products does not carry the mark of a comprehensive waste management system (such as Der Grüne Punkt from Duales System Deutschland AG), we are required to take it back and cater for its reuse or disposal.
13.2 Please contact us to clarify further details of returns for products of this type:
Kleingladbacher Str. 30
We will inform you of a municipal collection point or waste management company in your area that accepts packaging free of charge. If this is not possible, you can send the packaging to the aforementioned address.
12 Applicable law
12.1 The law of the Federal Republic of Germany, excluding the laws on the international sale of goods, applies to all legal relationships between the parties. The choice of law only applies to consumers insofar as the protection granted by the mandatory provisions of law of the country in which the consumer has his habitual place of residence are not rescinded.
12.2 If the Customer is a merchant, legal entity under public law or public special fund, the exclusive jurisdiction for all disputes arising out of this contract is the business headquarters of the Vendor. The same applies if the Customer has no general jurisdiction in Germany or the EU, or his domicile or habitual place of residence remain unknown at the time of legal action. The power to call the court in another legal jurisdiction remains unaffected by this.
12.3 The language of this contract is German.