General Terms and Conditions for private customers
Purchase agreement with:
LEYK Lichthäuser GmbH
Georg-Ehnes-Platz 1
91637 Wörnitz
Managing Directors: Ursula Leyk, Bernd Schulz-Leyk, Andrea Fetzer
Phone: + 49 9868 / 9 78 45 (from the US: + 11 49 9868 / 9 78 45
Fax: + 49 9868 / 9 58 75 (from the US: + 11 49 9868 / 9 58 75)
Address Rothenburg:
Erlbacher Str. 108
91541 Rothenburg ob der Tauber
Phone: + 49 9861 / 8 69 62 (from the US: +11 49 9861 / 8 69 62)
Fax: + 49 9861 / 72 99 (from the US: + 11 49 9861 / 72 99)
Trade Register: District Court Ansbach, HRA 1408
VAT no: DE131945402
1.Scope of Application
1.1 Any mutual claims in connection with a purchase contract between customers and “LEYK Lichthäuser GmbH” are always subject to our General Terms and Conditions as amended.
2.Contractual partners
Any purchase contract between “LEYK Lichthäuser GmbH” and their contractual partners is only legal for:
a) General contractually persons from legal age ( in Germany from 18) as well as for
b) Legal persons (hereinafter called “customer”) with registered domicile in Germany or any EU member state or Switzerland. In case of any inadvertently accepted purchase contract with non-accepted partners, “Leyk Lichthäuser GmbH” is entitled to withdraw from contract within a reasonable period.
3. Subject of the Contract
“LEYK Lichthäuser GmbH” supplies ordered goods to the customer in accordance with acceptance and according to § 434, clause 1, phrase 3, BGB. In case of cancellation/ withdrawal, “LEYK Lichthäuser GmbH” is obliged to credit any partial payment and/or payment in advance or to refund it by check or bank transfer on request.
4. Conclusion of Contract
4.1 The purchase contract becomes effective by acceptance of the customer order by “LEYK Lichthäuser GmbH”. Acceptance by “LEYK Lichthäuser GmbH” is effective after their supply of goods to the customer and receipt of goods on part of the customer or provision of services at the customer on part of “LEYK Lichthäuser GmbH”. For any online orders “LEYK Lichthäuser GmbH” will promptly acknowledge receipt of the order in electronic form which does not imply an acceptance of the contract yet.
4.2 Contractual language: German
5. Agreement about assumption of costs
In case of effective withdrawal, and if the supplied goods comply with the ordered ones and the total amount does not exceed 40 EURO, any costs for return of goods are at the customer’ expenses. This also applies to price increase of goods and to non-fulfillment of partial payment as stipulated by contract. Otherwise return of goods will be at our expenses.
6. Lacking availability of ordered goods or services
In case your ordered goods or service may not be available on order receipt by “LEYK Lichthäuser GmbH”, “LEYK Lichthäuser GmbH” will promptly refund any payments made in advance. In this case “LEYK Lichthäuser GmbH” is entitled to supply or offer goods or services of equal value to the customer. Customers however are not obliged to accept or return such goods at their expenses.
7. Delivery / Mailing costs
7.1 For mail orders we charge mailing costs of € 5.95 (only in Germany). For online orders the appropriate mailing costs will be shown in your shopping cart before acceptance of your binding order.
7.2 “LEYK Lichthäuser GmbH” will take care of prompt execution and supply of your order which shall be subject to correct and punctual supply to ourselves. In case of partial shipments due to lacking availability of goods, subsequent delivery will be made at our expenses.
8. Prices / Terms of Payment
8.1 All prices are final prices incl. VAT and according to our latest online-catalogue. In case of legal VAT increase after the date of publication of our latest online-catalogue, “LEYK Lichthäuser GmbH” is obliged to charge you the increased VAT amount.
8.2 Our invoices show the net prices of goods and prices for additional services as there are mailing or packaging costs, as well as the latest valid VAT (for private customers).
8.3 For all online orders placed with “LEYK Lichthäuser GmbH”, please click “Purchase” button for your acceptance of our latest prices.
8.4 For the reason of reliability risk, “LEYK Lichthäuser GmbH” reserve the right to exclude certain payment terms and to only accept payment in advance, COD (in Germany) or CASH instead.
9. Reservation of Proprietary Rights
“LEYK Lichthäuser GmbH” reserve the proprietary right for all goods until full payment of the supplied goods. For any replacement due to warranty claims, we hereby agree that both “LEYK Lichthäuser GmbH” as well as the customer take reciprocal title to rejected/replaced goods as soon as they are returned to “LEYK Lichthäuser GmbH” by the customer and rejected goods are replaced by “LEYK Lichthäuser GmbH”.
10. Warranty
10.1 “LEYK Lichthäuser GmbH” warrant that at the time of transfer of risk, the goods do not have any material defects or defects of title according to § 434, 435 BGB.
10.2 In case the delivered goods show any material- and manufacturing defects, or also transport damages, the customer is asked to promptly send the claim to “LEYK Lichthäuser GmbH”. In the event of default it does however not affect the customer’s statutory claims. Apart from that the provisions of the law apply according to §§ ff., 475 clause 1, BGB
10.3 The warranty period for new goods is two years from receipt of goods by the customer.
10.4 According to § 439 BGB and in the event of defects, the customer is entitled to claim from “LEYK Lichthäuser GmbH” the remedy of defects or supply of goods free from defects. In case of excessive expenses, “LEYK Lichthäuser GmbH” is entitled to deny the customer’s preferred remedy of defects. If any repair or remedy of defects fails, according to § 439 BGB, the customer is entitled to demand goods free from defects, price reduction or can withdraw from contract. Apart from that the provisions of the law apply according to § 437 BGB.
10.5 For any damage claims due to defects the provisions of the law apply.
10.6 Condition precedents for warranty claims determine that defects are not caused by improper handling or overstraining of goods. In the event of defects after more than 6 months from purchase date, the customer is obliged to prove that the goods were defective at the time of transfer of risk. Otherwise “LEYK Lichthäuser GmbH” is entitled to prove that the goods had not shown any material defects then.
11. Liability
11.1 “LEYK Lichthäuser GmbH” e.K., as well as their management and employees are liable for any positive violation of contractual duty, delay, unenforceability, unlawful act or for any other cause in law (except premature ones) as there is intent and gross negligence.
In the event of culpable violation of life, body, health and contractual cardinal obligations (main contractual obligations) or in the event of willful deception as well as for claims for compensation according to § 437, section 2, BGB, “LEYK Lichthäuser GmbH” is liable to the extent of the law. Only in the event of violation of cardinal obligations, the liability of the employees of “LEYK Lichthäuser GmbH” is limited to foreseeable claims.
The term of “cardinal obligation” is either used for characterization of a concretely specified serious violation of obligations, or the obligation for contract governance provisions and hereof customer’s business confidence.
In the event of delay the customer is entitled to demand compensation or to withdraw from contract.
11.2 According to the law on product liability, the scope of liability of “LEYK Lichthäuser GmbH”, remains unaffected.
11.3 The above mentioned provisions (10 and 11) define the general liability of “LEYK Lichthäuser GmbH”, their management and employees.
12. Jurisdiction clause
12.1 Application of German Law for any legal relationship between “LEYK Lichthäuser GmbH” and the customer. Any contractual terms according to UN-regulations on international sales agreements from April 11, 1988, shall not be applicable.
12.2 In the event of a purchase contract (consumer contract) which does not suit a professional or commercial purpose of the customer, and in case the contract has been closed according to required legal regulations of the state of the customer’s regular domicile, the stipulations according to paragraph 12.1 leave any legally binding stipulations of the state of the customer’s regular domicile, unaffected.
13. Miscellaneous
13.1 The customer is not entitled to claim set-off agreement or retention, unless this claim is undisputed or judicially or legally effective.
13.2 In case any complete or partial stipulations of this contract are legally ineffective or might become ineffective later, validity of this contract is not affected.
13.3 Our website content and as there are texts, photos, pictures, graphic designs, illustrations, proprietary names, patents and utility patents are protected against any unauthorized use by industrial property rights, particularly by copyrights, rights to a name, image copyrights, proprietary names, legally effective patents and utility patents. Any use of our website beyond selection and purchase of goods are subject to our prior written agreement or in the event that rights do not remain with us, agreement by the holder of these rights.
13.4 Exclusive place of jurisdiction is Rothenburg o.d.Tauber
Latest version as per October 2013
14. Enesco-Text
Willow Tree is a registered trade mark of Susan Lordi. The firm Enesco LLC and her Daughter firms ( owner of license ) own the right to sell products of Willow Tree in Europe, Kanada, Aserbeidschan, Bahrain, Zyprus, Lebanon, Turkey and South Africa exclusively on account of an exclusive licence.
The owner of this internet site is - as an authorized and independed contractual merchant - merely authorized to sell products of Willow Tree.
Irrespective of this, neither the authorized merchant nor his internet site are supported in any legal or factual way by Susan Lordi, DEMDACO, Enesco Ltd. And/or Enesco LLC Besides, the authorized merchant is not an enterprise connected to Susan Lordi, DENDACO, Enesco Ltd. And /or Enesco LLC.