General Terms and Conditions
Fa. LSK Engineering Services GmbH
74564 Crailsheim, Germany
Section 1: Scope
These terms and conditions apply to all deliveries made by LSK Engineering Services GmbH through the lsk-es.de online shop.
LSK Engineering Services GmbH provides services only based on these terms and conditions. Deviating or supplementary agreements require the express written approval of LSK ENGINEERING SERVICES GmbH.
Section 2: Contracting Parties
The contract is concluded with Fa. LSK Engineering Services GmbH (exact identification).
Section 3: Offer and Conclusion of Contract
The items offered by LSK Engineering Services GmbH through the online shop are not legally binding sales offers.
By ordering the goods the customer submits an offer to conclude a purchase contract for the selected goods.
LSK Engineering Services GmbH confirms receipt of orders via email; however, the confirmation of receipt shall not constitute an acceptance of the customer’s offer. The confirmation solely informs the customer that LSK Engineering Services GmbH has received the offer.
LSK Engineering Services GmbH can accept the customer’s offer to conclude a purchase contract after its receipt by explicitly confirming the order within three working days.
The terms and conditions are available in German language.
Section 4: Prices and Payment Terms
The amounts quoted as purchase prices are final prices without exception and include all pricing components (with the exception of the dispositions in Sec. 4.2.), including applicable taxes. On an individual basis taxes (for example, in the case of intra-Community acquisitions) or charges (e.g. tariffs and customs clearance costs) apply for cross-border deliveries, which are payable by the customer. These will be notified to the client, however, when confirming the order.
The purchase prices are — unless expressly agreed otherwise between LSK Engineering Services GmbH and the customer — plus shipping, postage and insurance costs. Therefore in case of shipping additional delivery and shipping costs apply; the amount of the additional delivery and shipping costs varies according to the information provided in the online shop and will be communicated to the customer again upon order confirmation. (For each item transport insurance will be contracted by LSK Engineering Services GmbH. All other costs must be borne by the purchaser. The exact costs of transport insurance will be communicated to the purchaser in the item description and in the order confirmation.)
Any charges for foreign bank transfers shall be borne by the customer.
Payment can be made by credit card, PayPal or prepayment, unless agreed otherwise expressly and in writing.
Section 5: Due Date
The purchase price and the costs referred to in Sections 4.1 through 4.3. will be due immediately upon conclusion of the contract.
Section 6: Retention of Title
The goods remain our property until full payment has been effected.
Right to revoke consumer contracts if the buyer is a consumer according to Section 13 BGB (German Civil Code).
You have the right to revoke this contract within fourteen days of conclusion without giving reasons. The withdrawal period is fourteen days from the day on which you or any third party named by you who is not the carrier was or were last in possession of the goods.
To exercise your right of cancellation, you must inform us
LSK Engineering Services GmbH
that you have decided to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, email or fax).
You may use the attached pro forma cancellation notice for this purpose, but this is not required.
In order to comply with the cancellation period, it is sufficient to send us notice that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you terminate this contract, we shall refund all payments we have received from you including shipping charges (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notice of termination. The refund shall be issued to the same payment method that you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund.
For goods that, due to their nature, cannot be returned by normal mail and which are identified as “Sperrgut” (bulk goods) in the invoice: We pick up the goods.
For all other goods: We may withhold the refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever is earlier.
You must return or hand over the goods to us immediately, in any event no later than fourteen days from the date on which you notified us that you were cancelling this contract to
Firma LSK Engineering Services GmbH
The deadline will be deemed to have been observed if you send the items before the fourteen-day deadline has expired.
We shall bear the cost of returning the items.
The Customer is obliged to compensate any loss of value of the goods that may arise from an improper handling of the goods that was not required for purposes of inspecting their condition, properties, and functioning.
Section 8: Liability Provisions
LSK Engineering Services GmbH shall be fully liable in accordance with the statutory provisions for damage resulting from loss of life, personal injury or health damages resulting from intentional or negligent breach of duty as well as for other damages resulting from intentional or grossly negligent breach of duty as well as fraudulent intent. In addition, LSK Engineering Services GmbH shall be fully liable for any damage covered by the liability under mandatory statutory provisions, such as the German product liability act, as well as in the case of the assumption of guarantees.
LSK Engineering Services GmbH shall be liable for damages caused by simple or ordinary negligence not covered by Section 8.1, provided that such negligence relates to the breach of contractual obligations, the fulfillment of which is condition for the proper execution of the contract and on which the customer may regularly rely (so-called cardinal obligations). However, the liability of LSK Engineering Services GmbH is limited to contract-typical and foreseeable damages.
LSK Engineering Services GmbH shall be liable in case of minor negligent violations of such contractual obligations, which are not covered by Section 8.1. or Section 8.2. (so-called non-essential contractual obligations) to consumers only if these are contract-typical and foreseeable damages.
Further claims for damages are excluded.
Section 9: Delivery
Unless stated otherwise in the item description, the delivery of goods shall take place three weeks after the full purchase price is credited to the account of LSK Engineering Services GmbH, that is, after the receipt of payment.
The customer must check the goods and their packaging immediately after the arrival for obvious damages and shall notify the freight carrier in order to safeguard claims under the transport insurance.
Section 10: Offsetting, Retention
The customer is only entitled to a right of retention, insofar as it is based on the same contractual relationship. The customer may only offset such claims that have been found to be uncontested or legally valid.
Section 11: Rights arising from Product Defects
Die Mängelrechte / Gewährleistung richtet sich nach den gesetzlichen Vorschriften. Die gesetzlichen Mängelansprüche verjähren in zwei Jahren bei Neuwaren und in einem Jahr bei Gebrauchtwaren.
Liability is excluded if the delivered goods are fitted with foreign components and this is the cause for damage.
If the assembly of the goods is carried out by the customer claims for defects only apply if the assembly has been carried out properly and in accordance with the assembly instructions.
Damage resulting from normal wear and tear or improper use or treatment will not be covered.
No consequential damages may be claimed if the operating instructions have not been followed.
Any complaints must be submitted to:
Fa. LSK Engineering Services GmbH
74564 Crailsheim, Germany
Section 12: Product constitution/product description
Agreements regarding the constitution and availability of goods shall only be deemed as guarantee if they have been expressly designated as such.
We reserve the right to changes in the construction of the design, which neither affect the functionality nor the value of the goods.
The descriptions and quotations contained in our online shop were prepared with utmost care. We assume liability for errors only in case of intent or gross negligence.
Section 13: Applicable Law / Jurisdiction
The law of the Federal Republic of Germany applies to all legal relationships between the parties to the exclusion of the UN sales law.
The choice of law pursuant to Section 13.1 shall only apply to consumers who do not conclude the contract for professional or commercial purposes, to the extent that the protection provided by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
If the customer is a merchant, a legal entity under public law or a public special fund, the exclusive jurisdiction for any disputes arising under this contract shall be the place of business of the seller. The same applies if the customer has no general place of jurisdiction in Germany or the EU, or if his domicile or habitual residence is not known at the time the action is filed. The authority to file suit in another legal jurisdiction remains unaffected.
Section 14: Data protection
LSK Engineering Services GmbH is entitled to collect, store and process the personal data of the customer required within the scope of the business relationship. The collected data will be processed and used by LSK Engineering Services GmbH and service partners (e.g. shipping companies) only to the extent necessary to fulfill the contract, legally permissible and desired by them. Customers have the right to receive information about the personal data stored free of charge. In addition, customers have to have the right to request their data to be changed or deleted by LSK Engineering Services GmbH. This data is not transferred to third parties.
The data will be deleted if the contractual relationship is terminated and no further reciprocal claims exist and no other agreements are made with the customer. Any retention obligations from mandatory legal (tax) provisions as well as data storage related technical backup processes like remain unaffected by this.
Section 15: Copyright
All pages of the online shop at lsk-es.de are the property of LSK Engineering Services GmbH. All registered trademarks, brand names, and images are property of their owners and are used only for the description of the products.
Section 16: Severability clause
Should any individual provisions of these terms and conditions be wholly or partially invalid, the validity of the remaining provisions shall not be affected. In this case, the parties undertake to agree on a valid provision which is closest to the purpose pursued, replacing the invalid provision.
Legal notice according to Section 6 German Teleservices Act (§ 6 Teledienstgesetz, TDG)
Fa. LSK Engineering Services GmbH
VAT-No = DE813724658
Date: September 2014