General terms and conditions | Laboremus
General terms and conditions | Laboremus

 

General Terms and Conditions of Laboremus GmbH

As of April 2023

 

1.   Scope and Definition

1.1 The following General Terms and Conditions apply to all business relations between Laboremus GmbH, Feodor-Lynen-Straße 35, 30625 Hannover (hereinafter "us" / "we") and the customer in their valid version at the time of the order.

1.2 "Customers" within the meaning of these General Terms and Conditions are exclusively entrepreneurs within the meaning of § 14 of the German Civil Code (Bürgerliches Gesetzbuch, "BGB") and legal entities under public law. No contracts are concluded with consumers within the meaning of § 13 BGB.

1.3 Deviating, conflicting, or supplementary general terms and conditions of customers do not become part of the contract, even if we are aware of them unless we have expressly agreed to their validity in written form.

2.   Contract Formation, Storage of the Contract Text

2.1 The following provisions regarding the conclusion of contracts apply to orders of products and services that we display on the website www.laboremus.de or offer in any other way.

2.2 In the event of a contract being concluded, the contract is formed with:

 

Laboremus GmbH

Feodor-Lynen-Straße 35

30625 Hannover

Email: info@laboremus.de

 

2.3 The presentation of products on our website does not constitute a legally binding offer on our part, but merely an invitation to customers to order products.

2.4 The ordering process is as follows:

(a)   Customers contact our sales team through the website, email, or other communication channels designated by us.

(b)  We create a binding offer for the customer and send it to them via the communication channel through which they contacted us or which they named upon contact.

(c)   The customer accepts the offer by confirming the offer itself or by informing our sales team of acceptance so that the purchase agreement is concluded on the terms stated in the offer.

(d)  We confirm the order and dispatch the goods after receipt of the deposit or purchase price payment, according to the conditions stated in the offer.

2.5 We store the contract text and send you the order details and our terms and conditions by email. The terms and conditions in their currently valid version can be accessed at any time at https://www.laboremus.de/policy/agb.

3. Prices, Shipping Costs, Customs Duties, Payment, Due Date

3.1 The stated prices are net prices plus VAT. In addition, there may be shipping costs and, if applicable, import taxes and duties.

3.2 Some of our products are shipped directly from our suppliers outside the EU. Due to customs regulations, the customer is liable as the recipient of the goods for any customs duties. This means that any import duties, such as import sales tax and customs duties, must be paid by the customer. However, on request, we will of course reimburse the customer for the import duties that they had to pay for the delivery of the goods, as evidenced by documentation. The following costs may apply:

For goods with a value exceeding EUR 150: duty calculation according to the customs tariff (information on the calculation of duties can be found at https://www.zoll.de/EN/Private-individuals/Postal_consignments_internet_order/Shipments-from-a-non-EU-country/Duties-and-taxes/Internet-orders/internet-orders_node.html).

3.3 We inform the customer in the offer which payment methods are available. The customer independently selects the preferred payment method from among those options.

3.4 The customer may only set off against an uncontested or legally established claim.

4. Delivery, Transfer of Risk

4.1 The information on delivery times can usually be found in the product description on the website. If this is not the case, a delivery period and, if desired, a shipping method will be specified in the offer. The delivery period begins for all payment methods one day after the contract is concluded. If the end of the period falls on a Saturday, Sunday, or public holiday at the place of delivery, the period ends on the next working day.

4.2 The risk of accidental loss or deterioration of the goods passes to the customer as soon as the goods have been handed over by us to the contracted logistics partner.

4.3 In the event that we are unable to meet a delivery deadline for reasons that are not our fault, we reserve the right to determine a new, reasonable delivery deadline after promptly informing the customer. If the ordered goods are not available within this new delivery period, we are entitled to withdraw from the contract. We will immediately refund any payment already made. If we are unable to meet a delivery deadline for reasons that are our fault, the statutory warranty rights of section 7 shall apply.

5. Right of Retention

5.1 We reserve the right to retain ownership of the goods until all outstanding debts from an ongoing business relationship have been fully settled. If the value of the reserved goods exceeds the secured claims from the ongoing business relationship by 10%, we are obligated to release the reserved goods.

5.2 The customer is authorized to sell the goods in the ordinary course of business. They hereby assign to us all claims arising from the resale to a third party up to the amount of the invoice. We accept the assignment. After the assignment, the customer is authorized to collect the claim. We reserve the right to collect the claim ourselves if the customer does not meet their payment obligations properly. The processing of the goods by the customer always takes place in our name and on our behalf. If the customer processes the goods, we acquire co-ownership in the new item in proportion to the value of the goods supplied by us. The same applies if the goods are processed or mixed with other objects not belonging to us.

6. Legal Warranty Rights

6.1 The statutory warranty provisions apply unless otherwise provided in section 7.

6.2 Warranty claims expire one year after delivery of the goods; § 478 BGB remains unaffected.

6.3 The shortening of the limitation period does not apply to warranty claims that are directed towards claims for damages and cases covered by sections 7.1 to 7.3.

7. Limitation of Liability

7.1 We are liable according to statutory provisions for intent and gross negligence, regardless of the legal grounds.

7.2 In case of ordinary negligence, we are liable only for breach of a material contractual obligation, limited to compensation for foreseeable, typically occurring damages. A material contractual obligation is an obligation whose fulfillment enables the achievement of the purpose of the contract and whose fulfillment the customer can regularly rely on.

7.3 The above limitation of liability does not apply to damages resulting from injury to life, body, or health. Furthermore, it does not apply in case of willful concealment or fraudulent misrepresentation or for claims under the Product Liability Act.

7.4 To the extent our liability is excluded or limited, this also applies to the personal liability of our employees, representatives, and agents.

8. Customer Service

Our customer service is available for questions and complaints on weekdays from 9:00 a.m. to 6:00 p.m. via email at info@laboremus.de.

9. Contract language, choice of law, and jurisdiction

9.1 The contract language is German or English.

9.2 The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.

9.3 The place of jurisdiction for all legal disputes is our place of business. In addition, we are entitled to bring an action against the customer at their general place of jurisdiction in connection with the purchase contract.

9.4 In the event that one or more provisions of these terms and conditions are or become invalid or unenforceable, the remaining provisions shall remain unaffected unless the removal of individual clauses would unreasonably disadvantage one party such that it can no longer be expected to adhere to the contract. In place of the invalid or unenforceable provision, a provision shall be made that comes as close as possible to what was actually and economically intended. The same applies to a regulatory gap.

 

 

 

 

 

 

 

 

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