Terms & Conditions

1. Scope and Provider

(1) These General Terms and Conditions (GTC) apply to all orders placed by customers in the online shop of Landitec GmbH, Südfeld 9c, 59174 Kamen.

(2) The product offerings in our online shop are exclusively aimed at customers who are considered entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB), meaning they act in the course of their commercial or independent professional activity when concluding the contract.

(3) Our deliveries, services, and offers are exclusively based on these terms and conditions. They also apply to all future business relationships, even if they are not expressly agreed upon again. We hereby expressly object to any inclusion of the customer’s conflicting general terms and conditions.

2. Conclusion of Contract and Prices

(1) By completing the order in our online shop, the customer submits a binding purchase offer. The automatic receipt confirmation sent by us does not constitute acceptance of the customer’s purchase offer. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we dispatch the goods without a prior explicit acceptance.​

(2) The prices listed in our online shop are net prices. For purchases within Germany, the applicable statutory VAT will be added.

(3) All prices are exclusive of the indicated shipping costs.

(4) All prices are exclusive of any export duties that may apply and are listed by us. For purchases outside of Germany, the indicated export duty costs will be added.

(5) The customer is responsible for any additional export and customs formalities that may arise for shipping to certain countries. In such cases, the buyer will be informed by a separate invoice before the goods are dispatched.

3. Payment Terms; Default in Payment

(1) The payment methods available to the customer are listed in our online shop.

(2) For credit card payments, the purchase price will be reserved (“authorization”) on the customer’s credit card at the time of order placement. The actual charge to the customer’s credit card account will occur when the goods are dispatched.

(3) For direct debit payments, the customer may be responsible for the costs of a return debit if it results from insufficient funds or incorrectly provided bank details.

(4) If the customer is in default of payment, they must pay statutory default interest of 9.0 percentage points above the base interest rate. Additionally, a lump sum of €40 may be charged. Further damages remain reserved.

(5) If the customer fails to meet their payment obligations on time, or if it becomes evident that their financial situation is no longer sufficient for credit or deferral, we are entitled to demand immediate payment of all outstanding claims or to request securities.

4. Offsetting/Right of Retention

(1) The customer is only entitled to offset if their counterclaims have been legally established or are undisputed by us.

(2) The customer may only assert a right of retention if their counterclaim is based on the same contractual relationship.

(3) We may assert a right of retention for all future, even accepted, customer orders if the customer does not meet their payment obligations.

5. Shipping, Risk of Transportation, Delivery Dates

(1) Unless otherwise agreed, delivery will be made from our warehouse to the delivery address provided by you. Shipment of freight goods is made ex works unless otherwise agreed on a case-by-case basis.

(2) The risk is transferred to the customer upon handover of the goods to the carrier, freight forwarder, or other third party responsible for shipment. The handover begins at the time of loading. Customer acceptance delay leads to a transfer of risk.

(3) We are released from our obligation to perform if our supplier fails to deliver to us on time under a congruent covering transaction unless we are responsible for the non-delivery. The customer will be informed immediately of the non-delivery, and the consideration will be refunded promptly.

(4) If prepayment is agreed, the specified delivery dates are subject to timely payment. In the event of payment default, the delivery date will be postponed accordingly.

(5) We are entitled to make partial deliveries if this is reasonable for the customer, considering both parties’ interests. The additional shipping costs will be borne by us. The risk is transferred to the customer upon delivery of the respective partial delivery. If we are in default with outstanding partial deliveries or if it becomes impossible for us to perform them, the customer is entitled to withdraw from the contract.

6. Retention of Title

(1) We retain ownership of the goods until all claims from an ongoing business relationship are fully settled. Pledging or transfer by way of security before the transfer of ownership of the goods is not permitted.

(2) The customer is entitled to resell the goods in the ordinary course of business. In this case, they hereby assign to us all claims arising from the resale in the amount of the invoice value. We accept the assignment. The customer remains authorized to collect these claims. However, if the customer does not properly meet their payment obligations, we reserve the right to collect the claims ourselves.​

(3) In the event of the combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

(4) We undertake to release the securities due to us at the customer’s request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.

7. Warranty

(1) Unless otherwise expressly agreed, the customer’s warranty claims are governed by the statutory provisions of the sales law (§§ 433 ff. BGB) with the modifications mentioned in the following paragraphs.

(2) The condition of the goods is only considered as agreed upon if it corresponds to our own information and the manufacturer’s product description, but not to public promotions, declarations, or other advertising by the manufacturer. Sample, material properties, and product designs may deviate from the information in the online shop. Our details regarding the subject of the delivery or service, including images, are only approximately decisive unless an exact match is required for the contractually intended purpose.

(3) You are obliged to inspect the goods carefully for quality and quantity discrepancies and to notify us immediately of any obvious defects after receipt of the goods. The same applies to hidden defects discovered later. Failure to comply with the inspection and notification obligations excludes the assertion of warranty claims.

(4) We provide a warranty for defects in the goods at our discretion through rectification or replacement delivery (subsequent performance). In the case of defect rectification, we do not bear the increased expenses resulting from the transfer of the goods to a location other than the place of fulfillment, unless the transfer corresponds to their intended use.

(5) If subsequent performance fails twice, the customer may choose to request a reduction in the purchase price or withdraw from the contract.

(6) The warranty period is one year from delivery. This limitation period does not apply to claims for damages arising from injury to life, body, or health, or from the breach of a material contractual obligation whose fulfillment is essential for the proper execution of the contract and on which the contractual partner regularly relies (cardinal duty), as well as for claims for other damages based on an intentional or grossly negligent breach of duty by us or our agents.

(7) If we and the customer agree in individual cases on the delivery of used products, this is done under the exclusion of any warranty.

8. Liability

(1) Unlimited liability: We are fully liable for intent and gross negligence as well as under the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, body, or health.

(2) In all other respects, the following limitation of liability applies: For slight negligence, we are only liable for breaches of essential contractual obligations, the fulfillment of which is necessary for the proper execution of the contract and on which you may regularly rely (cardinal duty). Liability for slight negligence is limited to the foreseeable damage at the time of contract conclusion.

9. Final Provisions

(1) If one or more provisions of these General Terms and Conditions are or become invalid, the validity of the remaining provisions shall not be affected.

(2) For contracts between us and you, German law applies exclusively, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”).

(3) If you are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and the customer is our registered office.