GTC

General Terms and Conditions

• 1 Scope of application

The following General Terms and Conditions (GTC) exclusively govern the contractual relationship between us (Lindenmann GmbH & Co. KG) and entrepreneurs who purchase goods from us. We do not recognize any terms and conditions that conflict with or deviate from our General Terms and Conditions.

• 2 Conclusion of contract

1) The offers on the internet constitute a non-binding invitation for you to purchase goods.

(2) You can place one or more products in the shopping cart.
During the ordering process, you enter your details and preferences regarding the payment method, delivery options and other relevant information.
Only by clicking the order button do you submit a binding offer to conclude a purchase contract.
You may also submit a binding offer by telephone or fax.
The automatic confirmation of receipt of your order sent by email or fax does not yet constitute acceptance of the purchase offer.

(3) We are entitled to accept your offer within one working day by sending an order confirmation by email.
If the period specified in the previous sentence expires without acceptance, your offer shall be deemed rejected and you shall no longer be bound by it.
In the case of an order placed by telephone, the purchase contract is concluded if we accept your offer immediately.
If the offer is not accepted immediately, you shall no longer be bound by it.

• 3 Information: Storage of the contract text

Your order with details of the contract concluded (e.g. type of product, price, etc.) will be stored by us. We will send you the GTC, but you can also access the GTC at any time after conclusion of the contract via our website. As a registered customer, you can access your past orders via the customer login area Order information.

• 4 Information: Correction note

You can correct your entries at any time before submitting the order using the delete button. We will inform you of further correction options as you progress through the ordering process. You can also end the order process completely at any time by closing the browser window.

• 5 Delivery

Unless special arrangements have been made for individual cases, the goods shall be delivered EXW (Ex Works) from our registered office in Pforzheim (INCOTERMS 2010) to the buyer.

• 6 Retention of title

We reserve title to the goods until all our claims and other claims arising from this purchase contract, including claims that only become due in the future, have been satisfied in full.

• 7 Right of retention of the seller

1) Without prejudice to any further statutory rights, we are entitled to refuse performance of our contractual obligations, in particular the delivery of the goods, as long as there are justified doubts that you are able to fulfil your obligations under the purchase contract in full.

(2) In particular, we may refuse to provide our services or hand over the goods if you fail to make the payments owed under this contract to us or to a third party in full or on time.

• 8 Right of retention of the buyer

(1) You may neither set off claims against our claims nor exercise a right of retention unless your counterclaim has been legally established, is undisputed or has been acknowledged by us in writing.

(2) Your right to withhold payments and raise objections is excluded. This exclusion does not apply if, despite your written request, we fail to fulfil our contractual obligations to deliver the agreed goods and transfer ownership of them, or fail to provide adequate security for the fulfilment of our contractual obligations.

• 9 Non-contractual object of purchase

(1) The goods are not in conformity with the contract if, at the time the risk passes, they differ significantly from the agreed specifications. If no contractual agreement has been made, the goods are not in conformity with the contract if they are unsuitable for their customary use at their place of destination.

(2) In particular, we are not responsible for ensuring that the goods are suitable for any specific use intended by you.

• 10 Inspection and notification obligations of the buyer

(1) Where required by law, you must inspect the goods immediately upon delivery, or otherwise no later than 10 days after delivery, for any identifiable defects. This obligation also includes checking whether the goods have the contractually agreed characteristics.

(2) If the goods do not have the agreed characteristics, you must notify us without undue delay. In all cases, the notification must be made promptly and in writing.

• 11 Consequences of a non-contractual delivery

(1) After timely notification of the defect in the goods, you may seek remedies under the United Nations Convention on Contracts for the International Sale of Goods, taking into account the provisions contained in this contract.

(2) You are entitled to request replacement delivery, repair of the goods or a reduction in the purchase price in accordance with the provisions of the United Nations Convention on Contracts for the International Sale of Goods.

• 12 Rescission by the buyer

Without prejudice to the applicable statutory provisions, you are only entitled to cancel this purchase contract if you have notified us of your intention in writing, have set a reasonable deadline for the fulfillment of the contractual obligations and this deadline has expired without success.

• 13 Rescission by the seller

Without prejudice to any further statutory rights, we are entitled in particular to terminate this contract in whole or in part without notice if:

insolvency proceedings are filed in respect of your assets;

you fail to provide suitable security or fail to provide the security on time;

you fail to pay the purchase price in full or on time;

for other reasons, we are unable to fulfil our contractual obligations using means that are reasonably proportionate in economic terms to the agreed consideration.

• 14 Applicable law

(1) The legal relationship with you is governed by the English version of the United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods.

(2) German law applies to contractual and non-contractual legal relationships outside the scope of the United Nations Convention on Contracts for the International Sale of Goods.

• 15 Contract language

This contract is written in German. All communications must be made in German. Other versions of the contract are only valid for better understanding. In all cases, the aforementioned version shall take precedence.

• 16 Jurisdiction agreement

The exclusive place of jurisdiction for any disputes arising from this contract is the seller’s place of business.