Terms and Conditions
General terms and conditions of business
1. General
1.1 These General Terms and Conditions (“GTC”) of the online shop www.ledblue.de , LEDBlue GmbH represented by the managing director Diyar Güvenc, Fürstenauer Weg 220, 49090 Osnabrück, Osnabrück District Court, apply to all orders from the online shop.
Conflicting or deviating terms and conditions of the customer do not become part of the contract, even if the online shop carries out the delivery without reservation. By placing your order, you agree to the validity of the General Terms and Conditions valid at the time of the order. The currently valid version can also be accessed at www.ledblue.de .
1.2 The contract language is German.
2. Conclusion of contract
2.1 The customer selects products from the online shop and places them in the shopping cart using the "Shopping Cart" button. The customer then goes one step further by clicking the "Checkout" or "PayPal" button to continue the ordering process. Once on the registration page, the customer can either order without registering or order and register as a customer, or is already a registered customer. The customer can click the "Next" button to enter their data regarding the billing address and delivery address. If the customer clicks the "Next" button, they will be taken to the shipping method. Only standard shipping can be selected here. The customer can then select the payment method. They can choose between various payment methods (prepayment, cash payment, SOFORT transfer, credit card, PayPal and PayPalPlus). The customer can now check the selection and their entries by clicking the "Next" button and change their entries by clicking the "Back to shopping cart" button. Finally, the customer can submit their offer in a legally binding manner by clicking the "Buy" button.
2.2 By completing the ordering process in our online shop, you make a binding offer. The ordering process is completed by clicking the "Buy" button. The data entered can be changed at any time during the ordering process.
2.3 Acceptance of the order and thus conclusion of the contract takes place either
- by sending an order confirmation and its receipt by the customer
- by delivery of the goods (customer will be notified of delivery by email) or
- Payment request by us after the customer has placed the order
If we do not accept the contract within one week, the customer’s offer will be deemed rejected.
3. Statutory right of withdrawal
3.1 The customer has a statutory right of cancellation if he is a consumer within the meaning of Section 13 of the German Civil Code (BGB). Accordingly, any natural person is a consumer if he concludes a legal transaction for purposes that can predominantly not be attributed to his commercial or independent professional activity.
3.2 The cancellation policy and the corresponding SAMPLE CANCELLATION FORM can be found in the footer of the online shop’s website (link “Right of Cancellation”). The customer must confirm that he has taken note of this before concluding the contract.
4. Prices and payment terms
4.1. The prices stated in the online shop include VAT and exclude any shipping costs. The prices apply on the day of the order. Information about the explicit price and the shipping costs incurred will be provided during the ordering process.
4.2 Payment in advance, cash, SOFORT transfer, credit card, Paypal or PaypalPlus are possible methods of payment.
4.3 The invoice is due for payment without deduction immediately after conclusion of the contract.
4.4 When paying in advance, the customer pays in advance by bank transfer within 14 days of receipt of the invoice. Delivery takes place after receipt of payment.
4.5 Cash payment is possible if the customer collects the goods on site.
4.6 The terms of use of SOFORT AG apply to SOFORT transfers. You can find these at www.sofort.com . The customer pays directly via his SOFORT transfer account.
4.7 If you have chosen to pay via Paypal or PaypalPLus, the terms of use of Paypal (Europe) SARL & Cie. SCA apply. You can access these at www.paypal.com . The customer pays directly via his Paypal account.
4.8. If you pay by credit card, the amount will be authorized on your credit card when you complete your order. The actual charge will only be made when the goods are shipped to you.
5. Set-off and retention
5.1 Set-offs and retention rights must result from the same purchase contract.
5.2. Set-off of claims is excluded unless the counterclaim is undisputed or has been legally established.
5.3 The customer is only entitled to exercise a right of retention to the extent that his counterclaim is undisputed or has been legally established.
6. Delivery conditions and shipping costs
6.1 Delivery times for products in stock are 2-4 working days. The delivery method depends on the size, weight and type of goods. The costs are determined by the order itself. Free delivery is also specified within the order.
6.2. Delivery dates are subject to the online shop also being supplied on time by its supplier, without this being at fault. If the online shop is then unable to deliver the goods because either its supplier does not meet its contractual obligation or the product is not available due to force majeure, the online shop can withdraw from the purchase contract.
6.3 The products are delivered by parcel or forwarding service to the delivery address specified by the customer in the order form. The online shop will inform the customer immediately. The services already provided must be returned by both parties.
7. Retention of title
7.1 The online shop reserves ownership of the delivered goods until the purchase price has been paid in full.
7.2 The customer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. As long as ownership has not yet been transferred, the customer must immediately notify the online shop in writing if the delivered item is seized or subject to other interventions by third parties. The customer is liable for any resulting judicial and extrajudicial costs under Section 771 of the Code of Civil Procedure.
7.3 the customer is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns the claim from the resale of the reserved goods to the online shop (in the amount of the final amount to be invoiced including VAT). This assignment applies regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect the claim even after the assignment. The online shop's authority to collect the claim itself remains unaffected by this. The online shop will not collect the claim as long as the customer meets his payment obligation and is neither in default of payment nor has an application been made to open insolvency proceedings.
7.4 The processing or transformation of the purchased item by the customer always takes place in the name of and on behalf of the online shop. In this case, the customer's expectant right to the purchased item continues to apply to the transformed/processed item. If the purchased item is processed with other items that do not belong to the online shop, the online shop acquires co-ownership of the new item in the ratio of the objective value of the purchased item from the online shop to the other processed items at the time of processing. The same applies in the event of mixing. To secure the online shop's claims against the customer, the customer also assigns to the online shop any claims that arise against a third party as a result of the combination of the reserved goods with real estate. The online shop hereby accepts this assignment.
7.5 The online shop undertakes to release the securities to which it is entitled at the customer's request, provided that their value exceeds the claims to be secured by more than 20%.
8. Liability
8.1 Liability is limited to intent, gross negligence and the breach of essential contractual obligations. In the case of negligent breach of essential contractual obligations, liability is limited to the foreseeable typical damage.
8.2 Liability for culpable injury to life, body or health remains unaffected. Claims under the Product Liability Act remain unaffected.
8.3 Illustrations are non-binding and serve only for illustrative purposes and do not constitute a legally binding offer.
9. Warranty
The legal regulations apply.
10. Data Protection
Information on data protection can be found in the link in the footer.
11. Place of performance, place of jurisdiction, choice of law
11.1. The place of performance is Osnabrück and the exclusive place of jurisdiction is the Osnabrück District Court.
11.2. If any provision of these Terms and Conditions is or becomes legally invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the statutory provisions. The statutory provisions shall also apply if the Terms and Conditions contain an unforeseen gap.
11.3. The law of the Federal Republic of Germany shall apply exclusively, excluding the uniform UN Convention on Contracts for the International Sale of Goods.
Osnabrück, October 6, 2022
LEDBlue GmbH