§ 1 General
(1) The following terms of delivery shall be effective for all offers and orders, or acceptance of orders, which are depending the online-shop between Luna Electronic GmbH, Stikkamp 42, 48739 Legden, Deutschland – later named: seller – and the customer.
The general terms and conditions of the contracting party, in particular the terms of purchase, shall not be effective, even if the contracting party explicity requests the validity of these terms in their order.
-otherwise only by written acceptance by the seller-.
(2) The seller offers his goods only for sale, if the customer is a natural or legal person or a legal partnership and upon completion of the transaction, in the exercise of his trade, business or professional activity (entrepreneurs) and, if he is not an end user or as an end user the goods in his independent professional, commercial or uses in his or official activity.
A purchase contract with consumers is excluded.
(3) If chosen the english translated version the contract language is English. The contract will not be saved by the provider and the customer is no longer accessible after placing your order. The customer can print the agreement text before submitting the order using the print function of the browser or save electronically.
In Requests, e.g. by telephone, by email, by letter, fax or in writing to the provider, the customer receives all contract data in the context of a binding offer sent by email, which can print or save the customer electronically.
§ 2 Object Of Agreement
Object of agreement is the sale of goods (electronic components). Via the built-in Online inquiry form part of the provider, the customer after entering your personal data an availability search for products offered trigger. The details can be found on the website.
The seller is selling the goods partial or exclusively as commissioner on his own name on foreign name on foreign invoice. That means for a third person as owner of the goods. Contract partner is the supplier with all rights and duties.
§ 3 Conclusion Of Contract
(1) The business activities of the supplier showing in the internet are not binding and no binding offer for a contract.
(2) The customer requests to purchase goods or for individual quotations, for example, by telephone, e-mail sent by fax or in writing to the seller are not binding for the customer.
The seller shall submit to the customer for this purpose a binding offer in writing (eg by email) which can take within 5 days of the customer.
(3) The completion of the order and submission of all information required in connection with the contract shall be partially automated by email. The customer must therefore ensure that the deposited by him offered email address is correct, the receiving of emails technically assured and is particularly not prevent SPAM filter.
§ 4 Pricing, Terms and Shipping Costs
(1) References in the respective offer prices represent net prices. They do not include VAT. The shipping costs will be charged separately.
(2) If the delivery is done in the non-EU countries, other customs duties, taxes or fees may be paid by the customer, not the seller, but the customs and tax authorities there. The customer is advised to inquire about details before the order to the customs and tax authorities.
(3) The customer has the following payment options:
Pre-payment by wire-transfer
Payment by PayPal (MasterCard, VISA, GiroPay)
Payment by terms.
Payment by terms is possible after the second order . Anyway the supplier reserves the right to exclude payment by terms .
Provided by specified invoices are due for payment immediately, unless another payment period is stipulated on the invoice.
The reduction of discount is only allowed unless otherwise expressly agreed.
§ 5 Terms Of Delivery
(1) The expected delivery-date is shown in the product description and the order confirmation.
Delivery- dates and lead-times are only mandatory, if written offered.
With the payment method payment in advance by bank transfer the goods are shipped only after receiving the full purchase price and the shipping cost to the provider.
(2) If , despite entering info a correct covering transaction with the supplier. The seller is not supplied with the goods ordered by the buyer either in good time or correctly, and the seller is not responsible for the failure to deliver to the seller in good time or correctly, the seller shall be entitled to rescind the contract with the buyers. Notice shall be given to the buyer of the failure to deliver in good time or correctly and maybe remitted payments will be refunded.
(3) The shipments will be done at the risk of the buyer. If requested by the buyer shipments can be insured by the costs of the buyer.
(4) The seller has the right to make partial shipments and the costs can be issued in the invoices if the buyer will not be debited with the additional costs of shipping.
§ 6 Warranty
(1) The warranty period is one year from date of delivery. The one-year warranty period does not apply to the seller attributable culpably caused damages resulting from injury to life, body or health and grossly negligent or intentional damage or malice of the seller, as well as recourse pursuant to §§ 478, 479 BGB.
(2) Condition of the goods shall only their own information by the provider or the manufacturer’s product description as agreed, but no other advertising, promotions and public statements of the manufacturer.
(3) The customer is obliged to inspect the goods immediately and with due attention to the quality and quantity variances and obvious defects within 7 days from receipt of the goods the seller in writing, the deadline, enough with the deadline. This also applies to later found hidden defects from discovery. In violation of the investigation and reprimand the assertion of warranty claims is excluded.
(4) In case of a complaint the seller has the right to rework or replacement at its option.
If the repair fails twice, the customer can demand reduction or withdraw from the contract at his discretion. In case of repair, the provider must not bear the increased costs incurred by the shipment of goods to a place other than the place of delivery, provided that the shipment does not match the intended use of the product.
§ 7 Retention of Title
(1) A lien, the Customer only exercise if it is receivable from the same contractual relationship.
(2) The seller retains title to the goods until full settlement of all claims arising from the ongoing business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not permitted.
(3) The Customer may resell the goods in the ordinary course of business. In this case, he assigns all claims in the amount of the bill, which accrue from resale to which the assignment accepting from the manufacturer. The customer is also authorized to collect the debt. As far as he meets his payment obligations properly, the Provider reserves the right, however, to collect the debt itself.
(4) When combined or mixed goods, the seller acquires ownership of the new item proportional to the invoice value of the goods to the other processed items at the time of processing.
(5) The provider is obliged to release the securities he is entitled to the customer’s request, the realizable value of the collateral of the provider exceeds the secured claim by more than 10%. The choice of the securities to be released to the supplier.
§ 8 Liability
(1) The provider is liable respectively unlimited liability for damage arising from injury to life, body or health, in all cases of intent or gross negligence, fraudulent concealment of a defect in granting the guarantee for the quality of the purchased item, for claims under the Product Liability Act and in all other cases defined by law.
(2) If essential contractual obligations are concerned, the liablity of the supplier for slight neglience is limited to typical foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach of which would jeopardize the purpose of the contract and obligations to the provider imposes the contract according to its content in order to achieve the purpose of the contract, which makes the proper execution of the contract would not be possible may go on and on which the customer rely.
(3) Liability is excluded for slight negligence case of breach of minor contractual obligations.
(4) Data communication over the Internet can not be guaranteed accurate and / or available at all times at the current state of the art. The provider is liable to the extent either for the continuous uninterrupted availability nor the Website and the Service offered there.
§ 9 Jurisdiction
German law applies to the exclusion of the UN Sales Convention.
Place of performance and jurisdiction is the location of the seller.