General Terms & Conditions
I. Terms and Conditions and Customer Information
I. Terms of Service
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (lixano GmbH, Auf der Ebnung 2, 76761 Rülzheim, Germany) on the website www.lixano.com, unless an amendment is agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
(2) We offer our goods only for sale, as far as you are a natural or legal person or a legal partnership, which in the conclusion of the legal transaction in the exercise of their commercial or self-employed occupational activity (entrepreneurs). A sales contract with consumers is excluded.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods. The details, in particular the essential features of the goods can be found in the article description and the additional information on our website.
(2) Our offers on the Internet are not binding and no binding offer to conclude a contract.
(3) You can submit a binding purchase order (order) by phone, by e-mail, by fax, in writing or via the online shopping cart system.
When purchasing via the online shopping cart system, the goods intended for purchase are stored in the "shopping cart." You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "Cashier" page and entering the personal data as well as the terms of payment and shipping, all order data will be displayed on the order summary page.
Insofar as you use the instant payment system "PayPal - Express" by clicking on the button marked accordingly in the shop system, you will be redirected to the login page of PayPal. After successful registration, you will see your address and account information deposited with PayPal. With the "continue" button you will be redirected back to our online shop on the order overview page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.When sending the order via the corresponding button you submit a binding offer us off.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract..
(4) The acceptance of the offer (and thus the conclusion of the contract) takes place within 5 days by confirmation in text form (for example e-mail), in which the delivery of the goods is confirmed (delivery confirmation).
If you have not received a message within this period, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(5) On request, we will provide you with an individual offer, which will be sent to you in text form and to which we are bound for 5 days. You accept the offer with confirmation in text form.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, not prevented by SPAM filters.
§ 3 Prices, terms of payment and shipping costs
(1) The prices quoted in the respective offers are net prices. They do not include the statutory VAT.
(2) The resulting shipping costs are not included in the purchase price, they will be charged separately, unless the free shipping delivery is promised. Further details can be found under a corresponding button on our website or in the respective offer.
(3) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if explicitly stated in the respective offer or in the invoice.
§ 4 delivery terms
(1) The estimated delivery time is stated in the respective offer. Delivery dates and delivery times are only binding if confirmed by us in writing. With the payment method prepayment by bank transfer the dispatch of the commodity takes place only after entrance of the complete purchase price and the forwarding expenses with us.
(2) Should a product ordered by you contrary to expectations despite timely conclusion of an adequate cover transaction for a reason beyond our control not be available, you will be informed immediately about the unavailability and in the event of withdrawal about any payments already made refunded immediately.
(3) The shipment is at your own risk. If you wish, the shipment will be made with a corresponding transport insurance, whereby the resulting costs are to be borne by you.
(4) Partial deliveries are permissible and can be invoiced independently by us, as long as you are not burdened with additional costs for shipping.
§ 5 Warranty
(1) The warranty period is one year from date of delivery. The one-year warranty period does not apply to culpably caused damages caused by injury to life, limb or health and grossly negligent or intentionally caused damage or malice, as well as to recourse claims in accordance with §§ 478, 479 BGB.
(2) The quality of the goods is only our own information and the product description of the manufacturer as agreed, but not other advertising, public promises and statements of the manufacturer.
(3) You are obliged to inspect the goods promptly and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods in writing, to meet the deadline, the timely dispatch is sufficient. This also applies to later discovered hidden defects from discovery. In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.
(4) In case of defects, we provide warranty at our discretion by repair or replacement. If the defect elimination fails, you can request a reduction or withdraw from the contract. The elimination of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or the other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
§ 6 Retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) We reserve the title to the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
(3) You can resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
(4) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 7 Liability
(1) We are fully liable for damages resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assuming the guarantee for the nature of the object of purchase and in all other statutory cases.
(2) The liability for defects within the scope of the legal warranty is governed by the corresponding provision in our Customer Information (Part II) and General Terms and Conditions (Part I).
(3) If material contractual obligations are affected, our liability for slight negligence is limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract and obligations which the contract imposes on us according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which makes the proper performance of the contract possible in the first place and on whose compliance you can regularly rely.
(4) With the injury of insignificant contractual obligations, the liability for slightly negligent breaches of duty is excluded.
(5) The data communication via the Internet can not be guaranteed error-free and / or available at any time according to the current state of the art. We are not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 8 Choice of law, place of performance, place of jurisdiction
German law applies to the exclusion of the UN purchase law. Place of fulfillment as well as place of jurisdiction is our seat.
II. Customer information
1. Identity of the seller
Auf der Ebnung 2
2. Information about the conclusion of the contract
The technical steps to conclude the contract and the conclusion of the contract itself, as well as the correction options are made in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system or the request, the contract data can be printed out or saved electronically using the browser's print function.
4. Legal warranty rights for goods
The liability for defects for our goods is governed by the regulation "Warranty" in the General Terms and Conditions (Part I).
These terms and conditions were created by the lawyers specializing in IT law of the dealer association and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.
last update: 06.02.2018