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Terms of Service

Deutsch: Sie haben die Möglichkeit, den Kaufvertrag in deutscher oder englischer Sprache abzuschließen. Wenn Sie unsere AGBs in deutscher Sprache wünschen, klicken Sie bitte auf die deutsche Flagge auf der rechten oberen Seite und wählen AGBs erneut.
English: You can also get our Terms of Service in English language. If you like to get our Terms of Service in German language, please click on the German flag on the top right part of this page and select Terms of Service again.

§1 General Provisions and Scope

1.) The terms and conditions apply for all current and future business relations.

2.) Consumer in terms of these terms and conditions are natural persons with which business relations can be established but cannot impute any commercial or self-employed occupation on them.
Employer in terms of these terms and conditions are natural or artificial persons or incorporated companies acting in exercising a commercial or self-employed occupation with which business relations can be established.
Customers in terms of these terms and conditions are both consumer and employer.

3.) Dissent, adverse or supplementary general terms and conditions will not be component of a contract even with acknowledgement unless their validity has been consent explicit in writing.



§2 Conclusion of Contract

1.) Our offers are without engagement. Technical modifications and changes of form, colour and/or weight are reserved within reasonable framework.

2.) With ordering the goods the costumer states compulsory to acquire the ordered goods. We shall be entitled to accept the order contained in the contract offer within two weeks upon receipt at us.

3.) If goods are ordered by consumers electronically the receipt of the order will be acknowledged without delay by us. A notice of arrival to the customer can not be understand as an acceptance of the order. The notice of arrival can be linked up with the declaration of acceptance. An acceptation takes place in writing per email. The acknowledgement of receipt shall be contained the ordered goods. There is no legal claim for delivery until we have accepted the order compulsory.

4.) Conclusion of contract shall be taken place under reserve to the correct and timely delivery by our suppliers. This reservation applies only in the event we are not responsible for the failure to deliver, in particular for conclusion a concurrent hedging transaction with  our supplier. The costumer shall be informed about the unavailability of the item promptly. Any consideration effected will be refunded without undue delay or delivery of an equal or high-order substitute shall be undertaken. If the substitute does not suit it shall be sent back at the expense of our company.

5.) If goods are ordered by consumers electronically, the wording will be saved by us and on demand will be sent to the customer in addition to the present terms and conditions.

 

§3 Reservation of Title

1.) On contracts with consumers we shall reserve the right of ownership of the delivered goods until the full purchase price has been paid. On contracts with employers we shall reserve the right of ownership of the delivered goods until the completed settlement of all outstanding debits from the ongoing business relationship.

2.) The costumer is bound to treat the goods with care. Insofar as maintenance and servicing works become necessary, the Customer shall carry them out at his own expense at regular intervals.

3.) The costumer is bound to notify us promptly in any event of access of the goods by a third party subjected to the reservation of title might in event of distraint as well as in case of any damaging or loss of the goods. Any change of possession as well as any change of residence shall be announced promptly by the costumer .

4.) We are entitled to rescind the contract and to reclaim the goods in case of conducting in breach of contract by the costumer especially on delay of payment or breaching the duty according to clause 3. and 4. of this regulation.

5.) The Employer shall be entitled to dispose of the goods within its regular course of business. It hereby assigns to us all debts owed to it by any third party from the resale. We accept the cession. After assigning the employer is entitled to collect the debt. We reserve ourselves to collect the debt, as soon as the employer fail to honour its financial obligations accordingly and getting in default of payment.

 

§4 Withdrawal and Revocation

1.) Solely consumers shall be entitled to withdrawal and revocation.

2.) The contractual undertaking can be revoked in writing (e.g. per mail, facsimile or e-mail) within one month without stating any reason or by return of the delivered goods. This return policy will start with receiving the items and these return policy - in written or printed form -. Withdrawal can be executed only by return of the delivered goods or if the goods cannot be sent as a package by demanding taking back the goods. For compliance with the deadline timely dispatch is necessary.

3.) In case of revocation the consumer is also bound to return the goods or if the goods cannot be sent as a package to make them available for  taking back.

4.) On exercising withdrawal and revocation the costumer shall bear all expenses of the return for any orders with order value up to a figure of EUR 40, unless the delivered goods is not equal to the ordered goods. If order value is above EUR 40 the expenses shall not be beard by the costumer (only for shipment inside of Germany).

5.) We reserve to demand pay compensation from the costumer for any deterioration by making use of the goods in accordance with the terms. The costumer is allowed to check the goods carefully. Depreciating of the goods by using them more then just for checking so the goods cannot be sold as new shall be beard by the costumer. Heavy deterioration can be the reason for demanding the whole price.

6.) Withdrawal and Revocation does not apply for custom-made products, i.e. items produced specially for you, individual posters or pictures or goods being unfitted for returning caused by their conditions (e.g. on hygienically reasons). Packages and sets shall be returned only completely. Please note that unsealing of goods caused the loss of withdrawal and revocation.



§5 Prices

1.) Prices are quoted inclusive value added tax (VAT) but freight and packing extra.

2.) Orders stipulated without fixed prices shall be calculated with the valid prices on delivery day.


 
§6 Payment

1.) All orders are immediately due for payment except when otherwise stipulated in writing.

2.) The ticketed prices in the shop are valid (typing errors reserved). With changing the price list old prices expire validity.  All prices are quoted inclusive German value added tax (VAT) currently 16%.

3.) Deliveries in countries outside the European Union take place without value added tax (VAT). After acquisition of delivery address value added tax (VAT) shall be subtracted. Deliveries in countries inside the European Union take place without value added tax (VAT) too in case a valid tax payer’s account number has been handed in.

4.) If there is any suspicion that the costumer is not able to or is not poised to pay the ordered goods we make report of fraud promptly. The full expenses plus lump-sum settlement amounting to EUR 50 shall be executed immediately by our legal department.

5.) Payments by credit card being locked, blocked or reversed without consultation LTVS24.com shall be charged with a handling fee amounting to EUR 50. In case of resulting higher costs, they will be proven by invoice. For credit card back posting we institute judicial dunning procedure promptly and report an offence of fraud.

6.) The debt is interest-bearing by the consumer in amount of 5% above the relevant valid base rate during the default. The debt is interest-bearing by the employer in amount of 8% above the relevant valid base rate during the default. We reserve to prove and to assert a higher damage caused by delay against the employer.

7.) The costumer shall be entitled to set of a claim if his counterclaim has been come into force or has been admitted by us. The Customer may only exercise a right of retention on account of counterclaims that are based on the same contractual relationship.
8.) We reserve the right to disable different methods of payments if we had bad experiences with that customer in the past (e.g. blocked credit cards, etc.).


 
§7 Passing of risk

1.) If the buyer is employer the risk of accidental deterioration or damage of goods shall be passed with delivery, in case of mail order purchase passed with dispatching the goods to the forwarder, the carrier or the person or institution which is destined for the executing of delivery.

2.) If the buyer is consumer the risk of accidental deterioration or damage of goods shall be passed also in case of mail order purchase with delivery first. Delivery ranks equal to the costumer’s default of acceptance.


 
§8 Delivery

1.) Fixed times of delivery and times of execution shall be commenced with date of sending the final order confirmation and are complied if the goods has left the stock until the end of delivery time or readiness for shipment is announced. Delivery time extend on occurrence of unexpected obstacles (i.e. breakdowns, official interferences, industrial dispute etc.). Partial deliveries are allowed.

2.) If an item is undeliverable or unbeknown to us that it is not offered by the manufacturer anymore we reserve the right to cancel the item and to refund the amount promptly.

3.) Delivery of goods takes place free of shipping costs if value of goods exceeds EUR 89,- with Deutsche Post/DHL-Express inside Germany. The exact shipping and handling costs for your order can be gathered from our table of mailing expenses. Free shipping is only available for orders within Germany.

4.) On despatch of bulky goods (furniture etc.) we charge an additional shipping and handling fee up to EUR 75 (inside Germany). Individual arrangements in regards to terms of delivery must be in written form.

5.) Delivery times: Many of our items are deliverable in 3 to 5 working days when cashed. Some items from our shoes and clothes commodity are deliverable in 10 to 15 working days when cashed. Individual products according to your specifications can take about 4 to 8 weeks. Please allow for additional 10 to 15 working days for orders directly after the large fairs (October, November, December) caused by company holidays.

6.) Exceptional cases as delivery bottlenecks, illness, unpredictable events as strike, failure of computing etc. can cause short delays you will been informed about by us promptly.

7.) Despatch type sequence and mode of despatch are left to our choice.


 
§9 Acceptance duty / Refusal of acceptance

1.) If acceptance of goods is refused by the purchaser without any right of withdrawal we shall be entitled to rescind the contract and to demand damages for non-performance.

2.) For items being produced in accordance to your specifications we insist on damages and expenses amounting to 80% from the value of goods (at least EUR 25) plus resulting postage and forwarding expenses.

3.) Additionally resulting cost for shipping again shall be charged to your account with at least EUR 4,90.

4.) Cash on delivery consignments not being fetched on first delivery attempt shall be charged with additionally EUR 7,50. We accept only payment in advance or prior bank transfer for this delivery.


 
§10 Warranty

1.) If the purchaser is employer we warranty for defects on the goods by subsequent improvement or substitute consignment by our own option.

2.) If the purchaser is consumer it shall be on his own choice if subsequent performance shall be taken place by subsequent improvement or by substitute consignment. However we shall be entitled to refuse the chosen kind of supplementary  performance if it can be only executed under disproportional expenses and the other way of supplementary performance is not stacked significant against to the consumer.

3.) In event of failure of substitute performance the costumer shall be entitled to demand reduction of remuneration (reduction of price) or rescission of the contract (withdrawal) on his own choice. On any negligible breach of contract in particular on negligible defects the costumer is not entitled to the right of withdrawal though.

4.) Employers have to notice apparent defects subject to a term of 2 weeks as from acceptance of goods in writing. Otherwise the assertion of warranty claim shall be excluded. Punctual dispatch suffices in compliance with the time limit. The full burden of proof shall rest with the employer for all conditions to assert claims, in particular for the defect itself, the date of defect identification and for the timeliness notice of defect. Consumer has to notice apparent defects in writing subject to a term of 2 months as from the date the condition of goods are in breach of contract has been assed. Authoritative for compliance with the time limit is access of information at us. If the consumer fails to inform us claim of warranty shall be expired after 2 months as from defect identification. This does not apply if the seller is acting on malice. The consumer shall carry the burden of proof for the date of defect identification. If the consumer has been persuaded to buy an item by unfounded statements given by the manufacturer the burden of proof shall be on him for his buying decision. On used items the consumer shall carry the burden of proof for defectiveness of the good.

5.) Should the costumer choose to rescind from the contract after failed subsequent performance due to a defect of title or material defect it shall not be entitled to any claim of damages caused by this defect. Should the costumer choose claim of damages after failed subsequent performance the goods shall remain with the costumer as far it can be reasonable on him. The claim of damage shall be limited to the difference between purchase price and the value of the defective item. This although does not apply if the breach of contract was caused maliciously by us.

6.) For employer s the warranty period is one year after goods delivery. For consumer the warranty period is two years after goods delivery. On used items the warranty period is one year after goods delivery. This does not apply if the defect was not noticed at us in due time (according to clause 4 of this regulation).

7.) If the purchaser is employer goods quality is agreed only due to the manufacturer’s product description. Any other public statements or advertisements are not regarded as contractually conditions of the goods.

8.) Should the costumer receive a defective assembly instruction, we shall be only bound to deliver a defect-free assembly instruction however this is only true for when the defective assembly instruction is opposed to an orderly mounting.

9.) The costumer shall not receive any legally effective warranties by us. Manufacturer’s warranties shall remain unaffected.


 
§11 Limitation of liability

1.) On careless neglect of duty our liability shall be confined to a, relating to the kind of good, predictable, contract-typical, proximate damage. This limitation of liability does also apply on careless neglect of duty for our statutory agents or vicarious agents. Towards employer we shall not be liable for any careless breach of minor contractual obligations.

2.) The aforesaid liability limitations do not affect costumers claims on product liability. Furthermore the liability limitations do not apply for any bodily injury, damages to health or loss of life as far as they are of attributable to us.

3.) Claim for damages caused by defect becomes statute-barred after the expiration of one year effective from goods delivery. This does not apply if gross fault is accused to us as well as in event of any bodily injury, damages to health or loss of life as far as they are of attributable to us.


 
§12 Data protection

1.) The data from business processes will be saved.

2.) The costumer consents explicitly to any survey, processing and use of personal data. The custumer shall be entitled to revoke the consent at any time with effect for the future.


 
§13 Copyright

1.) All texts and images included this sites are liable to copyright of the manufactures and partners of LTVS24. Use and processing is subject to our prior written consent.


 
§14 Final provisions

1.)  Exclusively the law of the Federal Republic of Germany shall apply. The clauses of the United Nations convention on contracts for the international sale of goods will not be applicable.

2.) If the costumer is trader, legal entity under public law or special public-law funds exclusive place of jurisdiction for all business disputes arising from this contract shall be our business location.

3.) If any clauses of the contract with the costumer inclusive of these general terms and conditions shall be or become full or partly not effective, the validity of the other clauses will remain unaffected through this. The full or partly ineffective provision shall be replaced by a provision whose commercial success shall come as near as possible to the ineffective provision..


 
 
Status: June 16th, 2007

You can download these terms of service as a PDF-File when you click here. if you do not have your Adobe-Acrobat-Reader installed, you can download it here for free.