General Terms and Conditions of less'n'more® gmbh in your version valid from 1.11.2022 for transactions between entrepreneurs;
§ 1 General
Our Terms and Conditions of Sale shall apply to all our offers and contracts for the delivery of goods to the Buyer. They shall also apply to existing ongoing business relationships without express reference to them for each new business transaction. These terms and conditions of sale apply exclusively to business transactions with entrepreneurs within the meaning of § 14 BGB (German Civil Code). Business transactions with consumers will not be concluded by less' n' more GmbH on this basis. General terms and conditions of the customer that conflict with our terms and conditions of sale are only binding if they are expressly confirmed by us in writing.
§ 2 Conclusion of contract
Contracts with customers are concluded by the customer's acceptance of our offers without contradiction or by an order confirmation of a customer's inquiry by us. We may revoke or amend offers submitted by us to the customer until acceptance by the customer. Contractual provisions negotiated with the customer at the time of conclusion of the contract that deviate from our offer or these General Terms and Conditions shall only be binding if they have been agreed in writing. If we confirm a customer's offer by means of an order confirmation, our order confirmation shall be binding for the content of the concluded contract.
§ 3 Content of the contract
The product characteristics resulting from our offers and product descriptions in connection with these General Terms and Conditions shall be decisive for the content of a concluded contract regarding the goods to be delivered by us. Minor deviations from the product characteristics shall not affect the binding nature of the contract concluded insofar as the contractual purpose of the goods supplied is not or only insignificantly restricted as a result. If we supply goods which are manufactured by us at the special request of the customer, our product description in the order confirmation shall be decisive for the content of the contract. If products are manufactured according to samples or drawings for the customer, the samples/drawings manufactured/released by us shall be decisive for the product description. The prices stated by us do not include value added tax. The prices are ex warehouse. Packaging, freight, postage and insurance will be charged additionally if the goods are sent to another location at the customer's request. From a net order value of 500.00, the prices include packaging, freight, postage and insurance for a destination within Germany. The regulations concerning the place of performance remain unaffected. Regulations for other countries deviate from this.
§ 4 Delivery conditions
Place of performance for the customer's claim to the goods is in the warehouse Cologne or Arnsberg. If we carry out the delivery for the customer, the risk of accidental loss (price and performance risk) shall pass to the customer as soon as we have handed over the goods to the carrier or forwarding agent. We shall assert any claims for damages against the carrier or forwarder on behalf of the customer. Delivery periods are only binding if they have been expressly agreed as fixed periods, taking into account the regulations on the conclusion of contracts. Delivery periods are not binding. We shall only be in default if we receive a request for delivery with a grace period for performance. The period of grace granted to us must be reasonable and at least 14 days. The customer may only withdraw from the contract after this period has expired. Circumstances for which we are not responsible and which make timely delivery impossible shall entitle the customer to withdraw from the contract in accordance with the general statutory provisions. If we deliver goods that are produced by us at the special request of the customer, the production period shall not begin until all details have been clarified and a down payment has been made.
§ 5 Warranty
We warrant that the goods to be delivered by us are free of defects within the scope of the statutory provisions. Accordingly, the goods delivered by us are free of defects, - if they are suitable for the use presupposed according to the contract; - if they are suitable for the usual use and have a quality which is usual for goods of the same kind and which the buyer can expect according to the kind of the goods. The warranty period is generally two years from the date of delivery of the goods to the customer, provided that the goods are delivered to a consumer as the last buyer. As far as parts of the delivered goods are not exposed to frequent loads as intended (movable joints/ flexible metal tubes or shafts/ holders/ other wearing parts/ illuminants etc.) the warranty period is also 2 years from delivery of the goods to the customer. For power supplies and other electronic components, the statutory provisions also apply. If it is a transaction between merchants, the warranty period is generally 1 year for all components, unless otherwise agreed in writing. The customer is obligated to notify us within five days of receipt of the goods of any defects that are detectable by him. In the case of hidden defects, this obligation shall apply from the time of discovery of the defect. Notices of defects received after this period shall exclude any claims of the Buyer - without prejudice to the special provisions in §§ 478, 479 BGB. In the case of delivery of the same goods in larger quantities, the complaint of the delivery of goods on the basis of random samples is excluded. We use natural materials such as wood, porcelain, leather and concrete for our lights. The mentioned materials are subject to certain natural or in the production process justified, variations in your surface quality. Color deviations, inclusions or unevenness can not be excluded and are no reason for complaint.
§ 6 Payment, Retention of Title
The payment owed by the customer is to be settled within 10 days after receipt of the invoice without deduction. Alternatively, the invoice can also be settled in advance by prepayment. In individual cases, different terms of payment can be agreed in writing. Until full payment of the goods, we retain title to all delivered items until the due claims have been settled by the customer. This retention of title shall also apply to the goods delivered to the customer for payments not yet settled from the business relations existing with the customer. The customer shall be entitled to resell the goods delivered by us under retention of title within the scope of his regular business transactions. In such a case, the customer shall retain title to the reserved goods vis-à-vis the third party until the purchase price has been paid in full. He shall assign to us the claim to which he is entitled from the sale of the goods subject to retention of title in the amount of our outstanding claims.
§ 7 Liability
We are liable for all contracts concluded with the customer for proper delivery and performance in the event of breaches of duty on our part only due to intent and gross negligence. This limitation of liability does not apply to typical "primary obligations", namely the proper delivery of the purchased goods. Furthermore, it shall not apply in the event of injury to life, limb or health or property in the event of product defects in the goods sold in accordance with the Product Liability Act. Our liability refers only to the replacement of any direct damage under exclusion of liability for consequential damages, in particular lost profits. This exclusion of liability shall not apply to damage caused intentionally or by gross negligence by us or our representative bodies or executive employees. In any case of our liability, however, this is limited to the foreseeable typical damages and to a maximum amount of EUR 10,000.00.
§ 8 Place of performance and jurisdiction
The place of performance for all claims arising from this contract is in Cologne. All disputes arising from this contractual relationship and legal relationships in connection with it shall be brought before the courts having jurisdiction for Cologne. The contractual relationship shall be governed by the laws of Germany to the exclusion of the provisions on the International Sale of Goods (CISG).
§ 9 Written form, miscellaneous
In principle, agreements with customers are only binding on the basis of written orders/order confirmations. Any loopholes in the contracts concluded with the customers do not generally lead to the invalidity of these contracts, but are to be replaced by such legally effective regulations which come closest to the purpose intended by the contracts. General conditions of participation for competitions Each participant agrees that his/her data necessary for the competition will be stored. The data will not be passed on to third parties. The consent to the use of personal data can be revoked at any time by sending an e-mail to email@example.com. Refusal of the participant's consent has no consequences with regard to the chances of winning the raffle. Cash payment of non-cash prizes or exchange of prizes is excluded. The winner of a prize will be notified using the information provided during participation. Each participant agrees that his/her participating photo may be published on the selected Internet pages of less'n'more (Facebook, Instagram and website, etc.) in connection with the sweepstakes. In the case of competitions in which participants can send in photos by post and/or by e-mail and/or upload them via the Internet, the following applies: Photos sent in will be checked by us for suitability. There is no right to publication. Only photos for which the image rights have been obtained may be sent in. In the case of photos sent to us in this way, we assume that you have given your consent for the photo to be published on the Internet and in other publications. Legal recourse is excluded for the implementation of the competition, the decision on the prize and also the payment or issuance of the prize. The management on 01.11.2022