General terms and conditions of business
General Terms and Conditions of Löchtermann GmbH & Co. KG
1. General
1.1 Customers within the meaning of these General Terms and Conditions (GTC) can be both consumers and entrepreneurs.
1.2 An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities.
1.3 A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his or her commercial nor his or her independent professional activity.
2. Offer, conclusion of contract
The products and services listed by the seller in the online shop do not constitute binding offers on the part of the seller; rather, they are an invitation to the customer to make a binding offer by placing an order.
By sending the order from the "virtual shopping cart" the customer places a binding order for the items contained therein. The seller will immediately confirm receipt of this order to the customer by email.
The purchase contract is concluded with the express acceptance of the order in text form or delivery of the goods by the seller. In this respect, the seller is entitled to accept the customer's contract offer within two working days of receipt of the order.
3. Prices, shipping costs
All prices quoted are total prices including VAT or differential taxation according to Section 25a UStG plus shipping costs. The costs for packaging and shipping can be found in the respective offer.
4. Retention of title
The goods delivered by the seller remain his property until full payment has been made.
5. Means of payment; delivery; delivery restrictions; shipping costs; transfer of risk
5.1 Customers have various payment methods available, which are specified on the respective offer page of the seller.
5.2 If advance payment is agreed, payment is due immediately after conclusion of the contract.
5.3 If the customer chooses a payment method offered by PayPal, the payment will be processed via the online payment service PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which you can view at the following domain: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5.4 If the customer chooses "PayPal invoice" as the payment method, the seller assigns its payment claim against the customer to PayPal as part of an ongoing factoring agreement. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the customer data transmitted. In the event of a negative credit check result, the seller reserves the right to refuse the customer the "PayPal invoice" payment method. If PayPal allows the "PayPal invoice" payment method, the customer must pay the invoice amount to PayPal within 14 days of receiving the goods. Due to the assignment of claims, the customer can only make payments with a debt-discharging effect to PayPal. The general terms and conditions for the use of PayPal's purchase on account apply, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms . The seller remains responsible for general customer inquiries (e.g. about the item, shipping time, complaints, etc.) even in the event of an assignment of claims.
5.5 If the payment method "SOFORT transfer" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the customer's bank account is debited. The customer can find more information about the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/ recall.
5.6 If the customer chooses a payment method offered via the payment service "Klarna", the payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found in the seller's payment information at www.mein-naturstein24.de .
5.7 Delivery will be made at the shipping costs stated in the item description. We will point out any delivery restrictions if they exist.
5.8 If the customer is a consumer, the seller always bears the shipping risk regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of shipping are transferred to the customer as soon as the goods have been handed over by the seller to the commissioned logistics partner.
6. Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of cancellation, you must notify us
Löchtermann GmbH & Co. KG
Dorstener Str. 37 b
48734 Reken
Phone: 02864 - 336
E-mail: info@loechtermann.de
by means of a clear statement (e.g. a letter sent by post, telephone or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.) To:
Löchtermann GmbH & Co. KG
Dorstener Str. 37 b
48734 Reken
E-mail: info@loechtermann.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the
following goods (*)/provision of the following service (*)
……………………..………………………………………………………………………………
Ordered on (*)/received on (*)
……………………………………………………………………………………………………...
Name of consumer(s) ……..……………………………………………………………….
Address of the consumer(s) ………………………………………………………………….
Signature of the consumer(s) (only if notification is on paper)
…………………………………………………….……
Date …………………………….
(*) Delete as appropriate.
7. Notes
7.1 Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
- Contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
7.2 Please avoid damaging or contaminating the goods. If possible, please send the goods back to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
7.3 Please note that the above-mentioned clause 7.2 is not a prerequisite for the effective exercise of the right of withdrawal.
8. Compensation in the event of cancellation
In the event of cancellation of the contract, the customer must, in derogation from Section 346 Paragraph 2 No. 3 of the German Civil Code (BGB), pay compensation for any loss in value of the goods if the loss in value is due to handling of the goods which was not necessary to check the quality, properties and functioning of the goods, and we have informed the customer of his right of cancellation in accordance with Article 246a Paragraph 1 Paragraph 2 Sentence 1 No. 1 of the Introductory Act to the German Civil Code (BGB).
9. Liability for defects, warranty rights, liability
All of our goods are subject to statutory liability for defects. The statutory provisions apply to liability and warranty.
The warranty period for used items is 12 months. Claims for damages remain unaffected by this regulation. Any guarantees do not limit the statutory warranty claims.
10. Consumer information in distance contracts for the purchase of goods
10.1 The Seller is not subject to any special codes of conduct not mentioned above.
10.2 The essential characteristics of the goods offered by the seller as well as the duration of validity of limited offers can be found in the individual product descriptions within the scope of the online offer. The language available for concluding the contract is exclusively German.
10.3 Complaints and warranty claims can be submitted to the address provided in the provider identification. Information on payment, delivery or fulfillment can be found in the offer.
10.4 In Online shop First, place the selected goods in the shopping cart. Once you have selected all the items you want, you can proceed to the checkout. If you are already a customer, you can log in by entering your email address and password. If you are a new customer, you must enter your contact details in the next step. You can then select the desired payment and shipping method and finally place your order by clicking on the "Order with payment" button. Until then, you have the opportunity to see and check your entries and, if necessary, correct them on the previous page by pressing the "Back" button on your browser, or to cancel the order process by leaving the page.
10.5 Storage of contract text in the online shop
The seller does not save the contract text itself after the contract has been concluded and the seller does not make the contract text available to the customer. However, after the contract has been concluded, we will send the customer an order confirmation with all the information to the email address you provided, in which you will be informed again of all the essential data about your order, our general terms and conditions and your cancellation policy. You have the option of printing out both the general terms and conditions and your order with all the data you entered during the ordering process. You can also print out the contract text using the print function in your browser. You can also save the contract text by right-clicking to save the website on your computer. Once the order has been processed, the contract text is no longer accessible to you.
11. Final provisions
11.1 The contractual relationship between the seller and the customer as well as the respective terms and conditions are subject to the law of the Federal Republic of Germany. If the customer is a consumer, the applicable legal regulations and rights in favor of the consumer under the law of the customer's country of residence remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.2 If the above provisions have not become part of the contract or are invalid in whole or in part, the remainder of the contract shall remain valid. If the provisions have not become part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.
12. Information for consumers on out-of-court dispute resolution
12.1 Duty to provide information under the ODR Regulation (Article 14 paragraph 1 ODR Regulation)
Link to the EU Commission’s platform for online dispute resolution: https://ec.europa.eu/consumers/odr Our email address is: info@loechtermann.de
12.2 Duty to provide information under the Consumer Dispute Settlement Act (Section 36 VSBG)
We are not obliged and fundamentally not willing to participate in dispute resolution proceedings before a consumer arbitration board.