Conditions of Use
General Terms and Conditions of Business of LIGNAU GmbH
1 General
1.1 Customers within the meaning of these General Terms and Conditions (GTC) may be both consumers and entrepreneurs.
1.2 An entrepreneur shall be a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
1.3 A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity.
2 Offer, conclusion of contract
2.1 ebay
2.1.1 The contract shall be concluded in accordance with § 6 of the eBay GTC, which reads in part as follows:
§ 6 Offer formats and conclusion of contract
[...]
(2) If a seller places an item in the auction or fixed price format using the eBay services, he makes a binding offer to conclude a contract for this item. In doing so, he determines a starting or fixed price and a period within which the offer can be accepted (offer period). If the seller sets a minimum price in the auction format, the offer is subject to the condition precedent that the minimum price is reached. 3.
The seller may additionally provide offers in the auction format with a buy-it-now function. This can be exercised by a buyer as long as no bid has been placed on the item or a minimum price has not yet been reached. [...]
In the case of fixed-price items, the buyer accepts the offer by clicking the "Buy it now" button and then confirming it. In the case of fixed-price items for which the seller has selected the "immediate payment" option, the buyer accepts the offer by clicking the "Buy it now" button and completing the payment process immediately afterwards. The buyer can also accept offers for several items by placing the items in the shopping basket (if available) and completing the immediately following payment process. 5.
In the case of auctions, the buyer accepts the offer by placing a bid. Acceptance is subject to the condition precedent that the buyer is the highest bidder at the end of the bidding period. A bid expires if another buyer submits a higher bid during the bidding period. [...]
(6) In the event of early termination of the offer by the seller, a contract shall be concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and cancel the existing bids.
7) Buyers may only withdraw bids if there is a justified reason for doing so. After a justified withdrawal of a bid, no contract is concluded between the user, who is again the highest bidder after the auction has expired due to the withdrawal of the bid, and the seller. 8.
In certain categories, the seller can provide his offer with a price suggestion function. The price proposal function enables buyers and sellers to negotiate the price for an item. [...]
[...]
11. If an item is deleted from eBay before the end of the listing period, no effective contract is concluded between buyer and seller.
Note: You can find the complete eBay terms and conditions on the home page of ebay in the footer.
2.1.2 It depends on the offer format which individual technical steps the customer has to take to submit his offer on eBay:
Auction procedure
In the auction procedure, the customer first enters the amount of his maximum bid in the field labelled "Enter your maximum bid" on the seller's bid page. Next, the button "Bid" must be confirmed. Subsequently, ebay will ask the customer to check and confirm the bid entered. The maximum bid entered by the customer is stated and the customer receives the following notice:
"Your bid is binding. If you click on Confirm bid and are the highest bidder, you enter into a legally binding contract with the seller. You will find the full item description below."
The customer can then either confirm his bid or change the bid.
Offer to unsuccessful bidders
In the so-called "Offer to unsuccessful bidders" procedure, the customer first receives an e-mail from eBay with the subject "Offer to unsuccessful bidders".
The customer has two buttons available in the email: "Call item" and "Reply now". Depending on the selection, the steps provided by ebay must be followed. Finally, the customer can click on the "Buy" button.
Buy-it-now, shopping cart function
In the buy-it-now procedure, the customer first clicks on the "Buy-it-now" button on the seller's offer page or, if the customer wants to buy several items as part of an order process, on the "Add to cart" button and then goes through the other sections specified in each case by the online marketplace eBay. The customer can choose whether to log in to his existing eBay account for the order, whether to create a new eBay account for his order, or whether to place his order without logging in to eBay as a so-called "guest". In the next step, ebay asks the customer to "check and buy". The item is mentioned again, as well as the price, the shipping offered, delivery and payment details. Then the customer can click on "Buy" or, in the case of an order as a "Guest" and/or an order via the shopping basket function, on the "Buy and pay" button. Below the "Buy" button is this notice to the customer:
"When you click on Buy, you enter into a legally binding contract with the seller.
To cancel the transaction, press the "Back" button on your browser to return to the item page."
Price suggestion
In the so-called price proposal procedure, the customer first clicks on the button "Send price proposal" on the seller's offer page. Another window opens with the heading "Suggest price", where the price to be suggested by the customer can be entered in a field. The customer can then click on "Check price suggestion". Another window "Check and confirm price proposal" will then open. Now the customer can either send his price proposal by clicking on "Send price proposal" or change his price proposal by clicking on "Edit price proposal".
The seller has several possibilities to react to the price proposal. He can accept the customer's price proposal immediately, reject it immediately or reconsider it (i.e. accept it within the maximum period of 48 hours displayed on the page, reject it or reject it by making a counteroffer.
If the seller rejects the price proposal, the customer can in turn submit a new price proposal by clicking on the "Send new price proposal" button. If the seller rejects the submitted price proposal by making a counteroffer, the customer can accept, reject or reject the seller's new offer by clicking on the "Accept price proposal" button within the maximum period of 48 hours displayed on the page, or by making a counteroffer by clicking on "Send counterproposal". In the latter case, the aforementioned steps must be completed again.
2.1.3 In all procedures mentioned under 2.1.2, the customer can recognise, check and correct his entries as follows:
After clicking on the button (e.g. "Bid", "Buy it now", "Add to basket", "Suggest price", "Check price suggestion" or "Send new price suggestion"), the customer can check his entries again on the subsequent confirmation page. If the customer wishes to change his entries, he can either switch to the previous eBay item page by clicking on the "Back" button of his browser or cancel the process by leaving the website and call up the eBay item page again later. The customer can then change input errors again using the usual keyboard / cursor functions in the respective input fields.
2.2 Online shop, Amazon
The products and services listed by the Seller in the online shop and on Amazon do not constitute binding offers for the Seller; rather, they are an invitation to the Customer to submit a binding offer by placing an order.
By sending the order from the "virtual shopping basket", the customer places a binding order for the items contained therein. The seller will confirm receipt of this order to the customer immediately by e-mail.
The purchase contract is concluded with the express acceptance of the order in text form or delivery of the goods by the seller. In this respect, the seller is entitled to accept the customer's contractual offer within two working days of receipt of the order.
2.3 DaWanda
A contract can only be concluded with a registered member.
2.3.1 The placing of an item for sale by the seller constitutes a binding offer to sell.
2.3.2 A contract for the purchase of the item is concluded as soon as a member fulfils the conditions contained in the offer and clicks the "Buy" button in their shopping cart. DaWanda merely provides the portal as a marketplace and does not become a contractual partner to the contracts concluded by the members.
3. prices, shipping costs
All prices quoted are total prices including value added tax or differential tax according to § 25a UStG plus shipping costs. The costs for packaging and shipping can be found in the respective offer.
4. retention of title
The goods delivered by the seller remain his property until full payment has been made.
5. means of payment; delivery; delivery restrictions; shipping costs; transfer of risk
5.1 The means of payment accepted by us can be found on our website. Delivery shall be made at the shipping costs stated in the item description. We will point out any delivery restrictions, if these exist.
5.2 If the customer is a consumer, the seller shall bear the shipping risk in any case, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment shall pass to the customer as soon as the goods have been handed over by the seller to the commissioned logistics partner.
6 Cancellation policy
If you are an entrepreneur (cf. section 1.2 of our General Terms and Conditions) within the meaning of § 14 of the German Civil Code (BGB), the right of revocation does not apply. For consumers (any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity) the following applies:
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of revocation, you must send us
LIGNAU GmbH
Geschäftsführer: Herr Janis Puka
Heinz-Fangman-Straße 2-6, W-Tec Haus 5
42287 Hamburg
E-Mail: info@lignaushop.de
by means of a clear declaration (e.g. a letter sent by post, telephone or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
To:
LIGNAU GmbH
Geschäftsführer: Herr Janis Puka
Heinz-Fangman-Straße 2-6, W-Tec Haus 5
42287 Hamburg
E-Mail: info@lignaushop.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the
the following goods (*) ..........................................................................................
ordered on (*) ..........................................................................................
received on (*) ..........................................................................................
Name of the consumer(s) .................................................................................
Address of consumer(s) ............................................................................
Date, signature of consumer(s)
______________________________________
(*) Delete where inapplicable.
7. notes
7.1 Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
The right of withdrawal expires prematurely, unless the parties have agreed otherwise, in the case of the following contracts:
Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature,
contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
7.2 Please avoid damaging or contaminating the goods. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging.
7.3 Please note that the aforementioned clause 7.2 is not a prerequisite for the effective exercise of the right of withdrawal.
8 Compensation for lost value in the event of revocation
In the event of a revocation of the contract, the customer shall, notwithstanding Section 346 (2) No. 3 of the German Civil Code (BGB), pay compensation for any loss in value of the goods if the loss in value is due to handling of the goods which was not necessary for the examination of the quality, characteristics and functioning of the goods and we have informed the customer of his right of revocation in accordance with Article 246a Section 1 (2) Sentence 1 No. 1 of the Introductory Act to the German Civil Code.
9. liability for defects, warranty rights, liability
There is a statutory right of liability for defects for all our goods. The statutory provisions shall apply to liability and warranty.
The warranty period for used articles is 12 months. Claims for damages remain unaffected by this regulation. Any warranties do not restrict the statutory warranty claims.
10 Consumer information in the case of distance contracts for the purchase of goods
10.1 The Seller is not subject to any special codes of conduct not mentioned above.
10.2 The essential features of the goods offered by the Seller as well as the period of validity of limited offers can be found in the individual product descriptions within the scope of the Internet offer. The language available for the conclusion of the contract is exclusively German.
10.3 Complaints and warranty claims can be made at the address given in the Seller's identification. Please refer to the offer for information on payment, delivery or fulfilment.
10.4.1 In the online shop, you first place the selected goods in the shopping basket. Once you have selected all the desired items, you can proceed to the checkout. If you are already a customer, you can log in by entering your e-mail address and password. If you are a new customer, then you can either order as a guest without registering in the shop, or you can register in the shop. In both cases, you must enter your contact details in the next step. After that, you can change the shipping address if necessary and choose the shipping method. In the next step, you can change the billing address and select the payment method. You must then confirm that you have taken note of the right of withdrawal, accept the General Terms and Conditions and finally place your order by clicking on the button "Order with costs". Until then, you have the opportunity to recognise your entries, check them and, if necessary, correct them by pressing the "Back" button of your browser on the previous page or cancel the order process by leaving the page.
10.4.2 At Amazon you have two different possibilities to place your order.
Ordering via the shopping cart system
When ordering via the shopping cart system, you first place the selected goods in the shopping cart. Once you have selected all the items you want, you can view your shopping cart by clicking on the "Shopping Cart" link. Start the ordering process by clicking on the button "Proceed to checkout". If you are already a customer, you can log in by entering your e-mail address and password. If you are a new customer, you must enter your contact details in the next step. First you can select the desired shipping address and change it if necessary. Then you can select your desired shipping method and in the next step the payment method. Your declaration will only become binding when you have reached the page "Please check your order" and click on the button "Buy now".
Until then, you have the option of recognising, correcting or deleting your entries during the entire ordering process or cancelling the ordering process, e.g. by closing the browser window or by leaving the page.
1-Click® orders
You can also place so-called 1-Click® orders. In order to be able to use the so-called 1-Click® order function, you must first log in to Amazon and activate the 1-Click® order function. You can do this via the "My Account" link. In the "Settings - Account settings" section, you will find the link 1-"Check or change click settings". With 1-Click® you can place your order quickly and without having to go through the shopping cart.
If the function is activated, you have the option of clicking the "Buy now with 1-Click®" button on the detail page of an item. When using the 1-Click® order function, your declaration becomes binding by clicking on the "Buy now with 1-Click®" button, i.e. with your click you make a binding offer to conclude a purchase contract. Your click automatically creates an order which is sent to the delivery address you have entered and for which payment is made using the specified payment method. With a 1-Click® order you no longer have the possibility to recognise, correct or delete your entries or to cancel the order process completely.
If you order several items within 30 minutes by 1-Click®, these items will be combined into as few deliveries as possible. You can still change or cancel your 1-Click® orders within these 30 minutes.
Note: In order to order with 1-Click®, your browser must accept cookies. Cookies are short sequences of data that we store on your browser to identify your customer account. If your browser does not accept cookies, you can simply collect items in your shopping cart and then proceed to checkout.
10.4.3 At DaWanda, you first place the selected goods in the shopping cart. Once you have selected all the items you want, you can proceed to checkout. If you are already registered, you can log in by entering your email address and password. Otherwise, you must first register and then enter your contact details in the next step. After that you can choose the desired payment method. Your declaration is not binding until you reach the "Check and order" page in the shopping process and click the "Order subject to payment" button there. Until then, you have the possibility to recognise your entries and, if necessary, to correct them by pressing the "Back" button of your browser on the previous page or to cancel the order process by leaving the page.
10.5 Storage of contract text on the online marketplace eBay
The seller does not store the text of the contract himself after the conclusion of the contract and the seller does not make the text of the contract accessible to the customer himself. However, the text of the contract is archived on eBay and can be retrieved by the customer free of charge for a period of 90 days after conclusion of the contract at www.ebay.de by stating the corresponding item number. To display the item page with the contract text, the customer can enter the corresponding item number in the search field available on the eBay home page and click on the "Find" button. Using the print function of your browser, the relevant website can be printed out. After conclusion of the contract, you will automatically receive an e-mail with further information on the processing of the contract. You can also save the text of the contract by clicking on the right mouse button to save the website on your computer. However, since the seller has no influence on the duration of the storage of the eBay website, it is pointed out that according to the ebay GTC members themselves are responsible for archiving on a storage medium independent of eBay information that can be viewed by means of the eBay services and that is stored by eBay and that they need for purposes of preservation of evidence, accounting or for other purposes.
10.6 Storage of contract text in the online shop, Amazon, DaWanda
The seller does not store the text of the contract himself after the conclusion of the contract and the seller does not make the text of the contract accessible to the customer himself. However, after conclusion of the contract, we will send the customer an order confirmation with all the details to the e-mail address you have provided, in which you will again be informed of all the essential data of your order, our General Terms and Conditions, your cancellation policy. You have the option of printing out both the General Terms and Conditions and your order with all the data entered during the ordering process. Using the print function of your browser, you also have the option of printing out the text of the contract. You can also save the text of the contract by clicking on the right mouse button to save the Internet page on your computer. Once the order has been processed, the text of the contract is no longer accessible to you.
At Amazon, you can view your orders after logging in under "My Account".
At DaWanda, you can view your purchased items under "My purchases" after logging in under "My DaWanda".
11. final provisions
11.1 The contractual relationship between the seller and the customer and the respective terms and conditions shall be governed by the laws of the Federal Republic of Germany. If the customer is a consumer, the applicable statutory regulations and rights in favour of the consumer under the law of the customer's country of residence shall remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.2 If the aforementioned provisions have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions have not become an integral part of the contract or are ineffective, the content of the contract shall be governed by the statutory provisions.
12. information for consumers on out-of-court dispute resolution
12.1 Obligation to provide information in accordance with the ODR Regulation (Art. 14 para. 1 ODR Regulation)
Link to the EU Commission's platform for online dispute resolution: http://ec.europa.eu/consumers/odr
Our e-mail address is: info@lignaushop.de
12.2 Obligation to provide information in accordance with the Consumer Dispute Resolution Act (§ 36 VSBG)
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so.
Warranty conditions
Should a guarantee note be included in the article description, then we, LIGNAU GmbH, shall in any case be responsible for the guarantee services. We are your first point of contact, even if a manufacturer's warranty is mentioned. The duration of the warranty is specified in the product description and begins with the receipt of the goods by you.
The guarantee refers to the freedom from defects of the respective product, including functionality, material or production defects.
In the event of a warranty claim
If you have a warranty claim, then bring / send us the goods with all documents in the original (sales slip/receipt with date, manufacturer's warranty papers if applicable), as well as a problem report.
Our address: LIGNAU GmbH
Geschäftsführer: Herr Janis Puka
Heinz-Fangman-Straße 2-6, W-Tec Haus 5
42287 Hamburg
Telefon: +49 202 - 519 898 60
Fax: +49 (0)202 - 519 898 61
E-Mail: info@lignaushop.de
Your statutory rights (i.e. "liability for defects") are not restricted by this dealer warranty. In addition to the legally existing warranty, you receive this guarantee (dealer guarantee) from us, LIGNAU GmbH. The dealer warranty therefore does not infringe your statutory rights, but rather extends your legal position. The territorial scope of the warranty protection is Europe-wide.
Our team will be happy to answer any questions you may have.
Your LIGNAU GmbH