Terms of conditions
Online-Shop B2B
§ 1 Scope of application and provider
(1) These General Terms and Conditions apply to all orders that you place from the online shop of Lebel International Fashion GmbH & Co. KG, Managing Directors: Jürgen Lebek, Justus Lebek.
Service-Hotline: telephone (+49) 2661-919-0
E-Mail: info@lebek.de
(2) The goods offered in our online shop are aimed exclusively at buyers who have reached the age of 18 and are to be regarded as entrepreneurs within the meaning of Section 14 (1) BGB.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby rejected.
(4) The contract language is exclusively German.
(5) You can call up and print out the currently valid General Terms and Conditions on the website and print them out.
§ 2 Conclusion of contact
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking on the button ‘Order with obligation to pay’ you submit a binding purchase offer (§ 145 BGB).
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we dispatch the goods to you - without prior express declaration of acceptance.
§ 3 Prices
The prices stated on the product pages are net prices and do not include the respective shipping costs and statutory VAT.
§ 4 Terms of payment; default
(1) Payment is made against invoice.
(2) If you are in arrears with a payment, you are obliged to pay the statutory default interest of 9 percentage points above the base interest rate. In addition, you are entitled to payment of a lump sum of 40 euros. We reserve the right to claim further damages.
§ 5 Offsetting/right of retention
(1) You shall only be entitled to set-off if your counterclaim has been recognised by declaratory judgement or is not disputed by us.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; retention of title
(1) Unless otherwise agreed, the goods will be delivered at your request from our warehouse to the address you have selected.
(2) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods.
(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorised to collect the claims. If you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.
§ 7 Guarantee
Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of sales law (§§ 433 ff. BGB) with the following modifications:
- Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
- You are obliged to inspect the goods with due care for deviations in quality and quantity and to notify us of obvious defects immediately upon receipt of the goods. This also applies to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
- In the event of defects, we provide warranty at our discretion by repair or replacement (subsequent fulfilment). In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a location other than the place of fulfilment, provided that the transport does not correspond to the intended use of the goods.
- If the subsequent fulfilment fails twice, you can demand a reduction or withdraw from the contract at your discretion.
- The warranty period is one year from delivery of the goods. This limitation shall not apply to claims based on damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), or to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.
§ 8 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the German Product Liability Act. We are liable for slight negligence in the event of injury to life, limb and health of persons.
(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
§ 9 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, ‘UN Sales Convention’).
(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 you shall be the place of business of the seller.