Terms of service

General Terms and Conditions of the next less'n'more gmbh in their version valid from 1.09.2024 for transactions between entrepreneurs

§ 1 General

Our terms and conditions of sale 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 transactions with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Transactions with consumers are not concluded by the next 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 unopposed acceptance of our offers or by our confirmation of a customer's inquiry. We may revoke or amend offers submitted by us to the customer until acceptance by the customer. Contractual provisions negotiated with the customer upon 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 conjunction with these General Terms and Conditions shall be decisive for the content of a contract concluded for the goods to be supplied by us. Minor deviations from the product characteristics shall not affect the binding nature of the concluded contract, provided that the contractual purpose of the delivered goods is not or only insignificantly restricted as a result. If we deliver goods that are manufactured by us at the customer's special request, 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 quoted by us do not include VAT. 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 regarding the place of fulfilment remain unaffected by this. Regulations for other countries deviate from this.

§ 4 Terms of delivery

The place of performance for the customer's claim to the goods is the warehouse in 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 forwarding agent on behalf of the customer. Delivery deadlines are only binding if they have been expressly agreed as fixed deadlines, taking into account the regulations on the conclusion of the contract. Delivery periods are non-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 must be 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 manufactured by us at the customer's special request, the production period shall not begin until all details have been clarified and a down payment has been made.

§ 5 Warranty

We guarantee that the goods to be delivered by us are free of defects within the framework of the statutory provisions. Accordingly, the goods delivered by us are free of defects - if they are suitable for the use stipulated in the contract - if they are suitable for normal use and have a quality that is customary for goods of the same type and that the buyer can expect according to the type of goods. The warranty period is generally two years from delivery of the goods to the customer, insofar as the goods are delivered to a consumer as the last buyer. Insofar as parts of the delivered goods are not exposed to frequent stress as intended (movable joints / flexible metal tubes or shafts / holders / other wearing parts / light sources etc.), the warranty period is also two years from delivery of the goods to the customer. The statutory provisions also apply to power supply units and other electronic components. In the case of a transaction between merchants, the warranty period is generally 1 year for all components, unless otherwise agreed in writing. The customer is obliged to notify us within five days of receipt of the goods of any defects that he can detect. 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 claims by the buyer - notwithstanding the special provisions in §§ 478, 479 BGB. In the case of delivery of identical goods in larger quantities, complaints about the delivery of goods based on random samples are excluded. We use natural materials such as wood, porcelain, leather and concrete for our lamps. The surface quality of these materials is subject to certain natural variations or variations due to the production process. Color deviations, inclusions or unevenness cannot be ruled out and do not constitute grounds for complaint.

§ 6 Payment, retention of title

The payment owed by the customer must be made within 10 days of receipt of the invoice without deduction. Alternatively, the invoice can also be paid in advance. Different terms of payment may be agreed in writing in individual cases. We reserve title to all goods delivered until full payment has been received from the customer. This retention of title shall also apply to the goods delivered to the customer for payments not yet settled from the existing business relationship with the customer. The customer is entitled to resell the goods delivered by us subject to retention of title in the course of his regular business transactions. In such a case, the customer shall retain title to the goods subject to retention of title 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 shall only be liable for all contracts concluded with the customer for proper delivery and performance in the event of breaches of duty on our part 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 does not apply in the event of injury to life, limb or health or property in the event of product defects in the goods sold under the Product Liability Act. Our liability relates only to compensation for any direct damage, excluding liability for consequential damage, in particular loss of profit. This exclusion of liability shall not apply to damage caused intentionally or through gross negligence by us or our representative bodies or executive employees. In any case, our liability shall be 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 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, excluding the provisions of the Convention on Contracts for 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 shall not lead to the invalidity of these contracts, but shall be replaced by such legally effective provisions that come closest to the intended purpose of the contracts. General conditions of participation for competitions: Each participant agrees that his/her data required for the competition will be stored. Data will not be passed on to third parties. Consent to the use of personal data can be revoked at any time by sending an e-mail to info@less-n-more.com. Refusal of the participant's consent has no consequences with regard to the chances of winning in the prize draw. Cash payment of non-cash prizes or exchange of prizes is excluded. The winner of a prize will be notified using the information provided when entering. Each participant agrees that their participating photo may be published on the selected websites of less'n'more (Facebook, Instagram and website etc.) in connection with the competition. For competitions in which participants can send in photos by post and/or email and/or upload them via the Internet, the following applies: photos sent in will be checked by us for suitability. There is no entitlement to publication. Only photos for which the image rights have been obtained may be submitted. In the case of photos sent to us in this way, we assume that we have permission to publish the photo on the Internet and in other publications. Legal recourse is excluded for the implementation of the competition, the winning decision and also the payment or distribution of the prize.

The management on 01.09.2024