Birki Papillio GmbH
Phone: +49 (0) 2683 9359-0
Fax: +49 (0) 2683 9359-1111
Managing Director: Dieter Klingenberg, Rudy Haslbeck
Commercial register AG Montabaur HRB 14381
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General Terms and Conditions
§ 1 · General – Scope
The business terms and conditions apply to all current and future business relationships.
Consumers within the scope of the business terms and conditions are natural persons, who conclude a contract with us, which cannot be attributed to their commercial activity or their independent professional activity.
Entrepreneurs within the scope of the business terms and conditions are natural or legal persons or legal corporate bodies, who, at the time of the conclusion of the contract with us, are exercising their commercial or independent professional activity.
Customers within the scope of the business terms and conditions are both consumers as well as entrepreneurs.
Our business terms and conditions are solely applicable. Deviating, contrary or additional general terms and conditions will not become part of the contract, unless we explicitly agree to their validity in writing.
§ 2 · Conclusion of Contract
Upon order placement customers bindingly declare that they wish to buy the ordered goods. In the case of entrepreneurs disengaging later cancellations or deviations in the items and quantities ordered at the time of order placement require our explicit consent in writing (e.g. by letter, fax or E-Mail). Consumers can make use of the applicable right to revoke (see § 3).
We are entitled to transfer the processing of the contract to third parties, with whom we have concluded respective agreements. In this instance settlement of the account arising from this contract relationship is carried out by the third parties commissioned by us on their own account. The customer’s rights arising from this contract with us remain unaffected.
If the consumer orders goods by electronic means we will immediately confirm receipt of order. Receipt of order does not constitute a binding acceptance of order. The contract is concluded once we issue the order confirmation, which may be combined with the confirmation of receipt of order, but at the latest when we ship the goods. We will accept the order within seven days at the latest, after that the consumer is no longer bound by his or her offer to buy.
The order is stored by us and will be sent to the customer upon request together with these general business terms and conditions either by mail or E-Mail.
§ 3 · Consumer’s Right to Revoke and Return Shipments
1. Consumers have the following right to revoke:
Instruction on the right to revoke
Right to revoke
You can revoke your contract offer within 14 days in writing (e.g. letter, fax, E-Mail) without giving any reasons or if the item has been transferred to you prior to the expiry of this deadline by return shipment of the item. The deadline begins upon your receipt of this instruction in writing but not before receipt of the goods by the recipient (in case of repeat shipment of similar goods not prior to receipt of the first partial shipment) and also not prior to our fulfilment of our information obligation pursuant to article 246 § 2 in conjunction with § 1 section 1 and 2 EGBGB (Introductory Law to the Civil Code of Germany) as well as our obligations pursuant to § 312g section 1 clause 1 BGB (Civil Code of Germany) in conjunction with article 246 § 3 EGBGB. To meet the deadline, timely mailing of the revocation or the item shall suffice.
Revocation to be addressed to:
L+L Lieferservice und Logistik GmbH, Returns, Rheinstrasse 10, 53560 Vettelschoss, Germany
E-Mail: sales@Lservice.com, Fax: +49 (0) 2683 9359-1111.
Consequences of revocation
In the case of a valid revocation the goods and services received by both parties shall be returned and potentially derived profits (e.g. interest) shall be returned. Should you be unable to return the goods or services in full or only partially or in a deteriorated condition then you will be liable to pay compensation to us accordingly.
You are only liable to pay compensation for the deterioration of the goods and the profits derived as long as the use or the deterioration can be traced back to handling of the goods in excess of testing their characteristics and functions. “Testing characteristics and functions” means testing and trying of the respective goods such as is usually possible and done in a retail shop.
Items that can be shipped by parcel post should be returned at our expense and risk. Obligations to reimburse payments must be fulfilled within 30 days. For you the deadline begins upon sending of your revocation or the goods, for us upon receipt of same.
Ending of instruction to revoke
2. Procedure in case of return shipments
If the consumer takes advantage of the applicable right to revoke he or she can return items that can be shipped by parcel post to us free of charge and at our own risk to us. For this purpose a return shipment label is included with each shipment. Should there not be a return shipment label included in a shipment by mistake, we ask that the consumer sends a message to sales@Lservice.com or a fax to fax no: +49 (0) 2683 9359-1111. We will forward the respective return shipment label at once. Shipments that cannot be shipped by parcel post will be picked up at the consumer’s doorstep.
§ 4 · Terms of Payment
The offered purchase price is binding.
The purchase price includes applicable V.A.T. Prices quoted to entrepreneurs do not include V.A.T.
In case we ship the goods, consumers are charged a shipping fee of €3.95 for small parcels and €4.95 for parcels (applicable to shipments within Germany).
In the case of domestic shipments of goods worth less than €250.00 to entrepreneurs as contract partners and if they are accepted as resellers we charge the currently valid shipping fees which are published on the website of L+L Lieferservice und Logistik GmbH (full service partner) at www.Lservice.com.
Consumers can pay the purchase price by advance payment, COD or upon receipt of invoice, in case of initial orders and orders exceeding €150.00 we will always ship COD or upon receipt of advance payment.
In the case of entrepreneurs accepted as resellers payment is done on invoice.
When ordering by means of telecommunications the customer does not incur additional costs.
Consumers shall pay the purchase price immediately upon receipt of invoice.
Entrepreneurs accepted as resellers are obliged to pay the purchase price after receipt of the goods or with the beginning of the default of acceptance pursuant to § 5 figure 5 within 60 days. After expiry of this deadline they are liable to default of payment.
During default of payment the consumer is obliged to pay interest of 5 percentage points above the base rate.
During default of payment entrepreneurs are obliged to pay interest of 8 percentage points above the base rate. With respect to entrepreneurs we reserve the right to prove higher damages arising from default of payment and to claim them.
Customers only have a right to set-off if their counter claim has been established as final and absolute or it has been uncontested and accepted by us or if they bring forward a claim due to repair of deficiencies. Customers can only make use of their right to refuse performance if their claim arises from the same contractual relationship.
Entrepreneurs accepted as resellers are granted the following cash discounts:
When participating in the direct debiting scheme 4 %.
Payment within 10 days 3 %.
Payment within 20 days 2 %.
Payment within 60 days without any discounts whatsoever.
In case of partial shipments this discount scheme is applicable to the respectively invoiced partial sum.
5. For foreign countries our prices with respect to entrepreneurs are effective free German border or port incl. packaging, as long as the order value exceeds €250.00. Payment by L/C or in advance. Cash discounts and other compensations are not granted, unless they have been expressly agreed upon in writing.
6. In case of payment of the purchase price by bank transfer the following banks and the respective account details are available:
Sparkasse Neuwied Acct. No. 27 000 702 BRANCH NO. 574 501 20
Volksbank Bonn Rhein-Sieg eG Acct. No. 560 956 00 12 BRANCH NO. 380 601 86
Commerzbank Bad Honnef Acct. No. 2 700 698 BRANCH NO. 380 400 07
Deutsche Bank Bad Honnef Acct. No. 2 270 122 BRANCH NO. 380 700 59
Postbank Köln Acct. No. 525 946-507 BRANCH NO. 370 100 50
7. We accept bills of exchange and cheques, but we retain title until the purchase price has been received in full. Accumulated interest or costs arising from the use of bills of exchange or cheques are taken into account. Bills of exchange and cheques are not deemed to be cash payments and are only accepted on account of performance.
§ 5 · Shipping conditions / Passing of Risk / Default of Acceptance
If the buyer is an entrepreneur, the risk of accidental perishing and accidental deterioration of goods passes at the time of transfer of the goods. In the case of sale by delivery it passes to the buyer at the time of transfer from the seller to the forwarder, the forwarding agent or otherwise commissioned person or other body.
If the buyer is a consumer, the risk of accidental perishing or deterioration of the purchased goods passes at the time of transfer of the goods to the buyer, even in the case of sale by delivery.
Transfer is deemed to have taken place even if the customer is in default of acceptance.
If the contract is with an entrepreneur the delivery period is extended in case of unforeseeable hindrances that are outside our scope of responsibility, e.g. disruptions of operations, strikes, delays in receipt of essential materials, as long as such hindrances are proven to have a considerable impact on the delivery of the contractual item. This also applies if these circumstances happen at a sub-supplier’s. The delivery period is extended respective of the duration of such occurrences or hindrances.
The entrepreneur gets into default of acceptance of the ordered and contractually delivered goods without repeat delivery or pick-up offer if a fixed delivery or pick-up date has been agreed on. This also applies if the entrepreneur advised the non-acceptance prior to delivery but without our agreement. From the eighth day of default of acceptance we bill a surcharge for storage of the goods in the amount of €0.02 per ordered pair and day.
§ 6 · Retention of Title
In case of contracts with consumers we reserve retention of title until the goods have been paid in full.
In case of contracts with entrepreneurs we reserve retention of title of the goods until all accounts receivable arising from a current business relationship have been settled in full.
Customers are obliged to handle the goods carefully. Should maintenance or inspection work be required customers are obliged to have these done at regular intervals on their own account.
Customers are obliged to report to us at once if third parties take hold of the goods for instance in the case of garnishment. They are also obliged to report potential damages or the destruction of the goods immediately.
In case of behaviour by the customer that is contrary to the contract, especially in case of default of payment or breach of obligations pursuant to figure 2 and 3 of this provision if legal conditions apply, we are entitled to withdraw from the contract and to demand return of the goods.
Entrepreneurs are entitled to sell the goods in the course of regular business activity. They immediately assign the full invoice amount of the accounts receivable arising from the sale to third parties to us. We accept this assignment. After fulfilment of the assignment the entrepreneur is entitled to collect the accounts receivable. We reserve the right to collect the accounts receivable ourselves as soon as the entrepreneur does not fulfil the payment obligation toward us in an orderly fashion and gets into default of payment.
Treatment and processing of the goods by the entrepreneur is always done for and on behalf of our company. In case of processing with objects that do not belong to us, we acquire a partial ownership of the new item relative to the value of the goods supplied by us and the other objects used in the processing. The same applies in case the goods are mixed with other objects not belonging to us.
§ 7 · Warranty
In case of defective goods and if the buyer is an entrepreneur we initially perform our warranty obligation by rectification of defects or replacement shipment.
If the buyers are consumers they have a choice of supplementary performance of defects or replacement shipment. If a replacement shipment is carried out the customer is obliged to return the initially delivered goods to us within 20 days.
We are, however, entitled to refuse the type of supplementary performance chosen if it incurs disproportionately high costs and the other type of rectification would leave the consumer without significant disadvantages.
If supplementary performance fails, the customer generally has the choice of demanding an abatement of the purchase price (abatement) or withdrawal from the contract (withdrawal). In the case of only minor breaches or contract, especially in the case of only minor defects the customer does not have a right to withdraw.
Entrepreneurs must report obvious defects within two weeks of receipt of the goods and hidden defects within two weeks of discovery to us in writing, otherwise application of a warranty claim is ruled out. To meet the deadline timely posting of the defect discovery notification shall suffice. The entrepreneur bears the full burden of proof for all qualifying conditions for the warranty claim, especially for the defect itself and the time of discovery of the defect and the timeliness of the notification of defect.
For entrepreneurs the warranty period is one year from the time of delivery. If a defect has been caused intentionally or grossly negligent or if an injury of life, body or health is caused by a culpable defect the warranty period is two years from the time of delivery. For consumers the warranty period is two years from the time of delivery. In case of used items the warranty period for consumers is one year from the time of delivery.
§ 8 · Liability Limitations
In case of slightly negligent breaches of essential contractual obligations, i.e. obligations the orderly fulfilment of which the customer regularly trusts and may trust our liability is limited to the foreseeable and typical damage respective of the type of goods. This also applies to our legal representatives or agents of vicarious liability. Otherwise liability for slightly negligent breaches of contract is excluded.
The aforementioned limitations of liability do not apply to customer claims arising from product liability. Moreover, the limitations of liability do not apply in case of culpable bodily harm and damages to the health of the customer or culpably caused loss of life of the customer apply.
§ 9 · Final Provisions
The laws of the Federal Republic of Germany apply. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
If the customer is a merchant, corporate body under public law or special asset under public law, the exclusive court of jurisdiction for all disputes arising from this contract shall be our place of business. The same applies if the customer does not have a general legal venue in Germany or a place of residence or the regular place of residence at the time of the commencement of legal action is not known.
The general terms and conditions and any other texts and offers published by MARKE/FIRMA need to be available in German only. If there are translations, the German text is always valid in case of doubt.