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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
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