Please note: Only the German original Loris Concept GmbH is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original.
Please note: Only the German original of these General Terms and Conditions of Loris Concept GmbH is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original.
§1 Validity of the conditions
1. The deliveries, services and offers from Loris Concept GmbH take place exclusively on the basis of these here stated terms and conditions, even if they are not expressly agreed upon again. When the goods or services are ordered, the here mentioned conditions are deemed to have been accepted. The buyer's general terms and conditions of purchase are hereby rejected. Deviations from the here mentioned terms and conditions are only effective if we confirm them in writing.
2. No goods or services are offered or sold to private individuals in the EU.
§2 Offer and conclusion of contract
1. Loris Concept GmbH's offers in price lists and advertisements are subject to change and non-binding. Orders are only binding for Loris Concept GmbH after they have been confirmed in writing.
2. The information in our sales documents (drawings, images, dimensions, weights and other services) are only to be understood as guide values and do not represent an assurance of properties, unless they are expressly designated as binding in writing.
§3 Prices
1. The prices stated in our order confirmation are decisive. These are fixed for stock items at the time the order is placed. In the event of delivery bottlenecks and errands, the daily price on the day of the order applies.
2. Unless otherwise agreed, the prices are including statutory VAT and exclusive of transport costs
§4 Delivery and fulfillment times
1. Dates and delivery times are non-binding, unless otherwise expressly agreed in writing. The specification of certain delivery periods and delivery dates by Loris Concept GmbH is subject to correct and timely delivery by suppliers and manufacturers to Loris Concept GmbH.
§5 Delay of acceptance
1. If the buyer refuses to accept the delivery items after a grace period set for him or declares that he does not want to accept the goods, Loris Concept GmbH can refuse to fulfill the contract and demand compensation for non-fulfillment. Loris Concept GmbH is entitled to demand either a flat rate of 10% of the agreed purchase price or the replacement of the actual damage from the buyer as compensation.
§6 Delivery
1. Visible differences in quantity must be reported to Loris Concept GmbH and the carrier in writing immediately upon receipt of the goods, hidden differences in quantity within 2 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be reported immediately upon receipt of the consignment, as otherwise no notice of defects can be accepted.
§7 Passing of risk
1. The risk passes to the buyer as soon as the shipment has been handed over to the person or entity carrying out the transport. If the dispatch is delayed or impossible through no fault of ours, the risk is transferred to the buyer with the notification of readiness for dispatch. A transfer of the transport costs agreed in individual cases by Loris Concept GmbH has no influence on the transfer of risk.
§8 Warranty
1. The general warranty in accordance with the following provisions is 2 years, unless otherwise expressly agreed in writing.
2. The warranty period begins on the date of delivery. If our operating or maintenance instructions are not followed, changes are made, parts are exchanged or consumables are used that do not correspond to the original specifications, any warranty is void if the defect can be traced back to this. This also applies if the defect is due to improper use, storage and handling of the products or external interference. Insignificant deviations from the warranted properties of the goods do not trigger any warranty rights.
3. Liability for normal wear and tear as well as consumables / accessories / enclosed batteries / rechargeable batteries is excluded.
4. Warranty claims against Loris Concept GmbH are only available to the direct buyer and are not transferable.
§9 Returns
1. For returns, we require that the defective part or product with a written description of the defect (including images where possible) and a copy of the invoice with which the product was delivered with, be sent to Loris Concept GmbH for repair, be delivered, or a request for pickup being requested. In the case of a shipment initiated by the customer, the shipping costs are to be borne by the customer. The exchange of parts, assemblies or entire products does not result in any new warranty periods. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. When sending in the products to be repaired, the buyer must ensure that any changes made by the customer are dismantled beforehand, as these can be lost or defective in the event of repairs.
§10 Retention of title
1. The delivered goods remain the property of Loris Concept GmbH until they have been paid for in full.
§11 Payment
1. Depending on the agreement, invoices are payable cash on delivery, in cash or strictly net within 10 days, unless otherwise agreed. If delivery is made by post or similar services, this is generally freight collect, i.e. the costs are borne by the buyer, unless something else has been expressly agreed.
2. A payment is only considered to have been made when we can dispose of the amount. Checks are only accepted on account of performance and are only valid as payment after they have been cashed.
3. If the buyer is in default, we are entitled to charge interest at a rate of 5% from the relevant point in time. For the duration of the delay, Loris Concept GmbH is also entitled at any time to withdraw from the contract, to demand the return of the delivered goods and to claim compensation for the expiry of the contract.
4. All claims are due immediately if the customer is in default of payment, culpably fails to comply with other essential obligations under the contract or if we become aware of circumstances that are likely to reduce the customer's creditworthiness, in particular suspension of payments, pending composition or bankruptcy proceedings. In these cases we are entitled to withhold deliveries that are still outstanding or only to carry them out against advance payment or securities.
§12 Limitation of Liability
1. Claims for damages from impossibility of performance, from breach of contract, from negligence when concluding the contract and from tort are excluded both against us and against our vicarious agents or vicarious agents, unless there is intentional or grossly negligent action. No liability is accepted for consequential damage resulting from the use of the products.
§13 Copyrights / software liability
1. If software is included in the scope of delivery, it is left to the buyer for one-time resale or for his own use, i.e. he may neither copy it nor let others use it. Software is excluded from all warranty conditions on forms. The provisions of the manufacturer's license agreement apply exclusively.
§14 Data protection & privacy
1. Loris Concept GmbH is entitled to process the data received about the buyer with regard to business relationships or in connection with them, regardless of whether they come from the buyer himself or from third parties, within the meaning of the Federal Data Protection Act.
2. Personal customer data is treated confidentially and not passed on to third parties, unless this is in direct connection with the order (e.g. delivery address to the shipping service that carries out the delivery).
3. All further information on data protection can be found in the separate data protection declaration.
§15 Place of jurisdiction
1. Münchenstein is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.
Please note: Only the German original of these General Terms and Conditions of Loris Concept GmbH is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original.