General Terms and Conditions for Purchases in the Portal at www.leebmann24.com
§ 1 General, Scope of the GTCs
1.1 All deliveries and services shall be provided exclusively on the basis of the following General Terms and Conditions (hereinafter "GTC") in the version valid at the time of the order.
1.2 The contractual partner for orders placed on the portal at www.leebmann24.com (hereinafter "Portal") is Auto-Leebmann GmbH, Managing Directors: Bernd Karoli, Thomas Leebmann, Traminer Str. 1, 94036 Passau; VAT ID: DE130952298; Commercial Register: Passau Local Court, HRB 4377 (hereinafter "Seller" or "we").
1.3 Customers within the meaning of these Terms and Conditions may be both consumers and entrepreneurs (hereinafter "Customer"). 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 independent professional activity. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who, at the time of conclusion of the contract with the Seller, are acting in the exercise of their commercial or self-employed professional activity.
1.4 If the customer is an entrepreneur, the following shall apply: Our GTC shall apply exclusively. Deviating GTC of the contractual partner shall not be recognized by us unless we have agreed to their validity in writing. Our GTC shall also apply if we carry out the delivery to the contractual partner without reservation in the knowledge of deviating general terms and conditions of the contractual partner. All agreements made between us and the contractual partner for the purpose of executing this contract shall be set down in writing in this contract. This applies in particular to the assumption of guarantee declarations. These GTC shall also apply to all future business relations with the contractual partner, even if they are not expressly mentioned again in agreements.
§ 2 Conclusion of the contract
2.1 The articles in our portal only represent a non-binding offer to you to conclude the contract with us. When you place an order, we will send you an e-mail confirming that we have received your order and listing its details (order confirmation). This order confirmation does not constitute an acceptance of your offer, but is only intended to inform you that we have received your order. A sales contract is only concluded when we confirm the order by sending you an order confirmation in text form within 5 days after sending the order confirmation to you.
2.2 Order process
a) Shopping cart
Select the products you would like to order by clicking the "Add to Cart" button. This will place your selection in the shopping cart. You can change this selection at any time until you submit your order by changing the number of products, deleting the selection by clicking the "Remove" box or canceling the order process. By clicking the button "Checkout" you will get to the next order step.
b) Checkout
Please log in with your e-mail address and password if you already have a customer account, otherwise please register as a new customer. Your data will be collected, processed and used in compliance with data protection regulations (data protection notice). Your data will not be used for any other purpose or passed on to third parties. If you are already registered, you can now select the shipping method. By clicking the button "Continue" you will get to the next order step.
c) Check billing address / select payment method
Now check your billing address and enter your desired payment method. By clicking the button "Next" you will get to the next order step.
d) Check shipping address / select shipping method
Now check your shipping address and enter your desired shipping method. By clicking the button "Next" you will get to the next order step.
e) Complete order process / General terms and conditions and cancellation policy
You will receive an overview of your order: the selected products, the shipping and billing address and your contact details. Check that all details are correct and please read the General Terms and Conditions carefully. You can only proceed with the order if you agree to the terms and conditions and confirm that you have read the cancellation policy (tick the box). By clicking the button "BUY NOW" you send your order to us. You hereby submit a legally binding offer.
§ 3 Saving of the contract text
We store your order and the entered order data. We will send you an order confirmation with all order data by e-mail. You also have the option of printing out both the order and the General Terms and Conditions before sending the order to us. If you have set up a customer account with us, you also have access to your orders at any time.
§ 4 Right of withdrawal for consumers
4.1 The following right of revocation exists only for consumers:
Cancellation policy
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen 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.
To exercise your right of withdrawal, you must inform us (Auto-Leebmann GmbH, Traminer Str. 1, 94036 Passau, Phone: +49 851 96 60 90 60, E-Mail: [email protected]) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you 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 most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 any fees because of 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 undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation 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. For goods that cannot be returned normally by mail due to their nature, the costs are estimated at a maximum of about € 250.00.
You will 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 testing the condition, properties and functioning of the goods.
§ 5 Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
To
Auto-Leebmann GmbH
Traminer Str. 1
94036 Passau
E-mail: [email protected]
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete where not applicable.
§ 6 Prices, shipping costs, delivery
6.1 All prices include the statutory value added tax and other price components plus shipping costs. The amount of the shipping costs can be called up at any time at https://www.leebmann24.com/de/de/page/delivery. Shipping is exclusively within Germany as well as to the countries listed below and in principle by DHL or another provider of our choice. Bulky goods (e.g. tires, complete wheels or roof boxes) will be shipped by a forwarding agency.
For deliveries to non-European countries, additional customs duties and fees will be charged to you. You can find more information, for example, at https://taxation-customs.ec.europa.eu and especially for Switzerland at http://xtares.admin.ch/tares/login/loginFormFiller.do.
§ 7 Terms of payment
7.1 Payment shall be made either by
• Payment in advance / bank transfer,
• credit card (Visa / MasterCard),
• PayPal,
• SOFORT bank transfer,
• Invoice
We reserve the right to exclude individual payment methods. If you choose payment in advance, the invoice amount must be transferred to our account within 7 days after order confirmation. We will give you the bank details in the order confirmation. When paying by instant bank transfer or Paypal, you will be redirected directly from the ordering process to the payment pages and make the payment yourself. If you pay by credit card, your account will already be debited when you place your order. You can see this on your next credit card statement.
7.2 If you are a consumer, the purchase price is subject to interest at the rate of 5% points above the prime rate upon the occurrence of default during the default. If you are not a consumer, the interest rate during the default of payment is 9% points above the prime rate. In addition, we are entitled to claim a lump sum for damages in the amount of € 40 from entrepreneurs in the event of late payment. We reserve the right to prove and assert a higher damage caused by default.
§ 8 Warranty
8.1 If you are a consumer and place an order with us for a purpose that cannot be attributed to your commercial or professional activity, the warranty shall be governed by the statutory provisions.
8.2 If you place your order with us as an entrepreneur, the following shall apply:
8.2.1 Delivered goods shall be inspected by the customer immediately after delivery, insofar as this is feasible in the ordinary course of business. If a defect becomes apparent, we must be notified immediately. If the customer fails to notify us, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery, otherwise the goods shall be deemed approved also in view of this defect. § 377 HGB remains unaffected. The customer shall not be released from his obligation to inspect the goods even in the event of recourse by the entrepreneur pursuant to § 478 BGB. If in such cases he does not immediately notify the defect asserted by his customer, the goods shall be deemed to have been approved also in view of this defect.
8.2.2 Insofar as a defect exists, we shall be entitled to determine the type of subsequent performance, taking into account the type of defect and the justified interests of the customer. Subsequent performance shall be deemed to have failed after the third unsuccessful attempt in the case of such contracts. This clause shall not apply in the case of recourse pursuant to § 478 BGB.
8.2.3 In the event of subsequent performance in the case of defects, we shall only be obliged to bear the expenses required for this, in particular transport, travel, labor and material costs, to the extent that these are not increased by the fact that the item was taken to a place other than the registered office or the commercial branch of the customer to which delivery was made. This clause shall not apply in the event of recourse pursuant to § 478 BGB.
8.2.4 The customer's claims for defects, including claims for damages, shall become statute-barred after one year. This shall not apply in the case of recourse pursuant to § 478 BGB; furthermore, this shall not apply in the cases of §§ 438 para. 1 no. 2 BGB and § 634a para. 1 no. 2 BGB. This shall also not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.
§ 9 Liability
9.1 If you are a consumer and place an order with us for a purpose that cannot be attributed to your commercial or professional activity, we shall be liable for damages in accordance with the statutory provisions.
9.2 If you place your order with us as an entrepreneur, the following shall apply in the event of our contractual liability for damages pursuant to Sections 9.2 to 9.7:
9.2.1 If the claims are based on an intentional breach of duty by us, our representatives or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions.
9.2.2 Insofar as we or our representatives or vicarious agents have breached an obligation through slight negligence, the fulfillment of which is a prerequisite for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and the observance of which the customer regularly relies on, liability shall be limited to the foreseeable, typically occurring damage.
9.2.3 Unless otherwise stipulated in clauses 9.2.1 and 9.2.2, our liability for damages shall be excluded. The same shall also apply insofar as recourse claims are asserted against us as suppliers pursuant to § 478 BGB.
9.3 The exclusions and limitations of liability under clause 9.2 shall also apply to other claims, in particular claims in tort or claims for reimbursement of futile expenses instead of performance.
9.4 The exclusions and limitations of liability under clause 9.2 shall not apply to any existing claims pursuant to §§ 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health. They shall also not apply insofar as we have assumed a guarantee for the quality of our goods or a performance outcome or a procurement risk and the guarantee case has occurred or the procurement risk has materialized.
9.5 We shall only be liable from the assumption of a procurement risk if we have expressly assumed the procurement risk in writing.
9.6 Unless the limitation of liability pursuant to clause 9.2 applies in the case of claims arising from manufacturer's liability pursuant to § 823 BGB (German Civil Code), our liability shall be limited to the compensation paid by the insurance company. Insofar as this does not occur or does not occur completely, we shall be liable up to the amount of the sum insured. This clause shall not apply in the event of culpable injury to life, limb or health.
9.7 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.
§ 10 Customer service
You can reach our customer service for questions, complaints and claims
• by telephone at +49 851 96 60 90 60
• as well as by e-mail at [email protected]
You can also use the contact form on our website for inquiries.
§ 11 Legal system, place of jurisdiction
11.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.2 In the case of consumers, this choice of law shall apply only to the extent that it does not deprive them of mandatory provisions of the law of the country in which they have their habitual residence.
11.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of our company.
11.4 Please note that we, Auto-Leebmann GmbH are not willing or obliged to participate in any dispute resolution procedure of the consumer arbitration boards according to the Consumer Dispute Resolution Act (VSBG).
§ 12 Miscellaneous
12.1 The language of the contract shall be German.
12.2 If one or more provisions of these GTC are invalid, the remainder of the contract shall remain valid. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.
12.3 Online platform (OS platform) for out-of-court dispute resolution. As an online merchant, we ([email protected]) are obliged to refer you to the online dispute resolution platform (OS) of the European Commission. This can be reached via the following Internet address: https://ec.europa.eu/consumers/odr/
Status Apr 20,2023