General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the supplier (Liontron GmbH & Co. KG) via the website shop.liontron.com. Unless otherwise agreed, we object to the incorporation of any terms and conditions of your own that you may use. (2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly attributable neither to their commercial activity nor to their self-employed professional activity. A trader is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

§ 2 Accessibility

(1) Pursuant to § 14 Abs. 1 Nr. 2 i.V.m. Anlage 3 Nr. 1 BFSG, we provide information on how our website or our service in electronic commerce meets the accessibility requirements of the applicable regulation (BFSGV). This information can be accessed via a separate, appropriately labelled button (e.g. “Accessibility Statement” or a similar designation) on our website and includes, in particular, the following points:
  • a description of the applicable accessibility requirements;
  • a general description of the service in an accessible format;
  • descriptions and explanations necessary to understand the performance of the service;
  • a description of how the service meets the applicable accessibility requirements.
(2) The contact details of the competent market surveillance authority are as follows:
Marktüberwachungsstelle der Länder für die Barrierefreiheit von Produkten und Dienstleistungen – Anstalt öffentlichen Rechts (MLBF AöR) Carl-Miller-Str. 6 39112 Magdeburg Telephone: +49 391 567 6970 Email: kontakt@mlbf-barrierefrei.de
(3) We may use artificial intelligence (AI) and special tools to implement the accessibility requirements on our website. This is intended to accommodate a wide range of possible disabilities, including visual, auditory, physical, speech, cognitive and neurological impairments. Further details can be found under the separate, appropriately labelled button on our website referred to in paragraph 1. (4) Our website or our service in electronic commerce is accessible if people with disabilities can find, access and use it in the generally customary manner, without particular difficulty and, in principle, without assistance from others. (5) Measures to implement the accessibility requirements include, for example, clearly discernible font sizes and sufficient colour contrasts, navigation using a mouse and keyboard, alternative text for images, subtitles and audio descriptions in videos (insofar as videos are embedded on the website), easy-to-read and understandable language, compatibility with all commonly used screen readers (screen-reading aids), and adjustable display options for various end devices (smartphones, tablets, desktop computers, etc.).

§ 3 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods. Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract. (2) You may submit a binding offer to purchase (order) via the online shopping cart system. The goods you intend to purchase are placed in the “Shopping Cart”. You can access the “Shopping Cart” via the corresponding button in the navigation bar and make changes there at any time. After clicking the “Checkout” or “Proceed to Order” button (or a similar designation) and entering your personal details and the payment and shipping terms, the order details will finally be displayed to you as an order overview. Before submitting the order, you have the opportunity to check the information in the order overview again, change it (including by using the Internet browser’s “back” function) or cancel the order. By submitting the order via the corresponding button (“Order with Obligation to Pay”, “Buy” / “Buy Now”, “Place Paid Order” or a similar designation), you submit a binding offer to us. You will initially receive an automated email acknowledging receipt of your order, which does not yet result in the conclusion of a contract. (3) Acceptance of the offer (and thus conclusion of the contract) takes place within 2 days by means of a confirmation in text form (e.g. email) confirming that your order will be fulfilled or that the goods will be dispatched (order confirmation). If you have not received a corresponding message, you are no longer bound by your order. Any payments or other performance already made will, in this case, be refunded without undue delay. (4) Your requests for the preparation of an offer are non-binding for you. In response, we will submit a binding offer to you in text form (e.g. by email), which you may accept within 5 days (unless a different period is specified in the respective offer). (5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place by email and are partly automated. You must therefore ensure that the email address you have provided to us is correct and that receipt of the emails is technically assured.

§ 4 Special Agreements on the Payment Methods Offered

(1) Payment via “PayPal” / “PayPal Checkout”

If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment is processed through the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxemburg; “PayPal”). The individual payment methods available through “PayPal” are displayed to you under an appropriately labelled button on our website and during the online ordering process. “PayPal” may use additional payment services to process payments; insofar as special payment terms apply to these, you will be notified of them separately. Further information about “PayPal” can be found at www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 5 Right of Retention, Retention of Title

(1) You may exercise a right of retention only insofar as it relates to claims arising from the same contractual relationship. (2) The goods remain our property until the purchase price has been paid in full. (3) If you are a trader, the following provisions also apply: a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before title to the goods subject to retention of title passes, pledging them or transferring ownership of them by way of security is not permitted. b) You may resell the goods in the ordinary course of business. In this event, you hereby assign to us all claims arising to you from the resale up to the amount of the invoice, and we accept the assignment. You remain authorised to collect the claim. However, insofar as you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves. c) If the goods subject to retention of title are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title relative to the other items processed at the time of processing. d) We undertake, at your request, to release the security to which we are entitled insofar as the realisable value of our security exceeds the claim to be secured by more than 10%. The choice of the security to be released rests with us.

§ 6 Statutory Liability for Defects

(1) The statutory rights in respect of defects apply. (2) Insofar as we inform you of this before you make your contractual declaration and this has been expressly and separately agreed, the limitation period for claims in respect of defects in used goods is one year from delivery of the goods. The above limitation does not apply:
  • to culpably caused damage arising from injury to life, body or health attributable to us, or to other damage caused intentionally or through gross negligence;
  • insofar as we have fraudulently concealed the defect or assumed a guarantee as to the quality of the goods.
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the freight forwarder of any complaints as soon as possible. Failure to do so has no effect on your statutory claims in respect of defects. (4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is deemed to have been agreed only if we informed you of it before you made your contractual declaration and the deviation was expressly and separately agreed between the contracting parties. (5) If you are a trader, the following applies in derogation from the above provisions on liability for defects: a) Only our own statements and the manufacturer’s product description are deemed to be agreed as constituting the quality of the goods, but not other advertising, public promotional statements or statements by the manufacturer. b) In the event of defects, we will, at our option, remedy the defect by repair or replacement delivery. If the remedy of the defect fails, you may, at your option, demand a reduction in price or withdraw from the contract. The remedy of the defect is deemed to have failed after the second unsuccessful attempt, unless a different conclusion follows, in particular, from the nature of the goods or the defect or from other circumstances. In the case of repair, we are not required to bear the increased costs arising from the goods being moved to a location other than the place of performance, unless moving them is consistent with the intended use of the goods. c) The period of liability for defects is one year from delivery of the goods. The shortening of this period does not apply:
  • to culpably caused damage arising from injury to life, body or health attributable to us, or to other damage caused intentionally or through gross negligence;
  • insofar as we have fraudulently concealed the defect or assumed a guarantee as to the quality of the item;
  • to items that have been used for a building in accordance with their customary use and have caused it to be defective;
  • to statutory rights of recourse that you have against us in connection with rights in respect of defects.

§ 7 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of the more favourable provision). (2) Our registered office is the place of performance for all obligations arising from business relationships with us and the place of jurisdiction, insofar as you are not a consumer but a merchant, a legal person under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring proceedings before a court at another statutory place of jurisdiction. (3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer Information

1. Identity of the Seller

Liontron GmbH & Co. KG Bahnstr. 29 47929 Grefrath Deutschland Telephone: +49 2157 1449070 Email: info@liontron.de
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration bodies.

2. Information on the Conclusion of the Contract

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the options for making corrections are governed by the provisions under “Conclusion of the Contract” in our General Terms and Conditions (Part I.).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German. 3.2. We do not store the full contract text. Before submitting your order via the online shopping cart system, you can print out the contract details using the browser’s print function or save them electronically. After we receive your order, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email. 3.3. For requests for offers made outside the online shopping cart system, you will receive all contract details as part of a binding offer sent in text form, e.g. by email, which you can print out or save electronically.

4. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or service can be found in the respective offer.

5. Prices and Payment Arrangements

5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes. 5.2. For consumers, delivery within Germany, excluding German islands, is free of shipping charges. Shipping costs apply to deliveries to German islands and to deliveries to traders. Their amount is set out in our shipping information or the respective offer and will be communicated to you before you place your order. 5.3. The payment methods available to you are shown under an appropriately labelled button on our website or in the respective offer. 5.4. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

6. Delivery Terms

6.1. The delivery terms, the delivery date and any delivery restrictions can be found under an appropriately labelled button on our website or in the respective offer. 6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the item sold during shipment passes to you only when the goods are handed over to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the trader or another person appointed to carry out the shipment. If you are a trader, delivery and shipment take place at your risk.

7. Statutory Rights in Respect of Defects

Liability for defects is governed by the provision entitled “Statutory Liability for Defects” in our General Terms and Conditions (Part I). These General Terms and Conditions and Customer Information were prepared by the legal professionals of Händlerbund specialising in IT law and are continuously checked for compliance with the law. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of formal cease-and-desist demands. Further information can be found at: www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.