General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Lagerkarton Systembox GmbH) via the lagerkarton.de website, unless otherwise agreed in writing between the parties. Deviating or conflicting terms and conditions shall only be effective with our express consent.

(2) We only offer our products for sale if you are a natural or legal person or a partnership with legal capacity that is exercising its commercial or independent professional activity when concluding the legal transaction (entrepreneur). The conclusion of a contract with consumers is excluded.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping basket system under the conditions specified in the respective offer.

(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After clicking on the "Checkout" or "Continue to order" button (or similar) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the "back" function of the Internet browser) or cancelling the order. By submitting the order via the corresponding button, you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) You can also submit a binding contract offer (order) by telephone, e-mail, fax or post.

(5) Upon request, we will provide you with a customised offer, which will be sent to you in text form and to which we are bound for 5 days (unless another period is specified in the respective offer). You accept the offer with confirmation in text form.

(6 ) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§3 Customised goods

(1) You shall provide us with the appropriate information, texts or files required for the customised design of the goods via the online ordering system or at the latest immediately after conclusion of the contract by e-mail. Any specifications we may have regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.

(3) We do not check the transmitted data for correctness of content and in this respect accept no liability for errors.

(4) If specified in the respective offer, you will receive a correction draft from us, which you must check immediately. If you are in agreement with the draft, you shall release the correction template for execution by countersigning it in text form (e.g. e-mail).
The design work will not be carried out without your approval.
You are responsible for checking the proof for correctness and completeness and for informing us of any errors. We accept no liability for errors that are not objected to.

§ 4 Prices, terms of payment and shipping costs

(1 ) The prices quoted in the respective offers as well as the shipping costs are net prices. They do not include the statutory value added tax.

(2) The shipping costs incurred are not included in the purchase price and will be charged separately, unless free delivery has been agreed. Further details can be found under a correspondingly labelled button on our website or in the respective offer.

(3) Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

(4) You have the payment options shown under a correspondingly labelled button on our website or in the respective offer. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or invoice.

§ 5 Terms of delivery

(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. In the case of payment in advance by bank transfer, the goods will only be dispatched after we have received the full purchase price and the shipping costs.

(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the event of cancellation, any payments already made will be refunded immediately.

(3) Dispatch shall be at your risk. If you so wish, the goods will be dispatched with appropriate transport insurance, whereby the costs incurred as a result shall be borne by you.

(4) Partial deliveries are permissible and can be invoiced by us independently, provided that you are not charged with additional costs for shipping.

§ 6 Warranty

(1) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply

- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.

(2) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

(3) In the event of defects, we shall provide warranty at our discretion by repair or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs arising from the transfer of the goods to a location other than the place of fulfilment, unless the transfer corresponds to the intended use of the goods.

§ 7 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, if you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.

(4) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

(5) We undertake to release the securities to which you are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

§ 8 Choice of law, place of fulfilment, place of jurisdiction

(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The place of fulfilment and jurisdiction is our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.

II Customer information

1. identity of the supplier

Lagerkarton Systembox GmbH
Dieselstraße 12
48683 Ahaus
Ahaus, Germany
Phone: +49 2561 4448622
E-mail: info@lagerkarton.de

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as the correction options, are carried out in accordance with § 2 of our General Terms and Conditions (Part I).

3. contract language, contract text storage

3.1 The contract language is German.

3.2 We do not store the complete text of the contract. Before sending the order or enquiry, the contract data can be printed out using the browser's print function or saved electronically.

These general terms and conditions and customer information have been drawn up by the lawyers of Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https: //www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 29.11.2022