General Terms and Conditions (GTC) of the Deedlite brand
§ 1 General Validity
(1) The following General Terms and Conditions apply exclusively to all deliveries and services provided by Deedlite. We do not recognize any terms and conditions of the customer that are contrary to or deviate from these terms of sale, unless we have expressly agreed to their validity in writing.
(2) These terms of sale apply exclusively to businesses within the meaning of § 310 Para. 1 of the German Civil Code (BGB) in conjunction with § 14 BGB.
(3) The terms of sale also apply to all future business relationships with the customer, even if they are not expressly agreed upon again.
§ 2 Offer – Offer Documents – Conclusion of Contract
(1) If an order is to be regarded as an offer in accordance with § 145 BGB, we are entitled to accept this offer within two weeks.
(2) We reserve all proprietary rights and copyrights to illustrations, drawings, calculations, and other documents. Passing them on to third parties requires our express consent.
§ 3 Prices and Payment Terms
(1) Unless otherwise stated in the order confirmation, our prices are ex works, excluding packaging.
(2) Statutory value-added tax is not included in the prices and will be shown separately on the day of invoicing at the statutory rate then in effect.
(3) The deduction of a cash discount is only permissible if expressly agreed upon in writing.
(4) Unless otherwise agreed, the purchase price is due for payment immediately upon receipt of the invoice without deduction.
(5) The invoice amount is to be transferred in the agreed contract currency at the buyer's expense.
(6) Checks and bills of exchange are accepted only on account of performance.
(7) All taxes, duties, fees, or other public charges incurred for deliveries outside of Germany shall be borne by the customer.
(8) The customer only has rights of set-off if his counterclaims have been legally established, are undisputed, or have been acknowledged by Lumibobi.
§ 4 Delivery Period
(1) Delivery dates or deadlines are only binding if they have been expressly agreed as binding.
(2) Our compliance with delivery obligations assumes the timely and proper fulfillment of all the customer's obligations.
(3) If the customer defaults in acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred, including any additional expenses.
(4) The risk of accidental loss or accidental deterioration of the purchased item passes to the customer upon the onset of default in acceptance.
§ 5 Prevention of Delivery (Force Majeure)
(1) In the event of industrial disputes, unforeseen obstacles, operational disruptions, material or energy shortages, as well as other cases of force majeure, the delivery period shall be extended accordingly.
(2) These circumstances also apply if they occur during an already existing delay in delivery.
§ 6 Passing of Risk – Shipping
(1) The mode of shipment, shipping route, and the selection of the carrier or freight forwarder shall be determined by Lumibobi at its reasonable discretion.
(2) Delivery is made ex works at the expense and risk of the customer, unless otherwise agreed.
(3) Packaging will not be taken back.
(4) Transport insurance can be taken out at the customer's request; the costs for this shall be borne by the customer.
§ 7 Liability for Defects
(1) Claims for defects require that the customer has properly fulfilled their obligations to inspect and give notice of defects in accordance with § 377 of the German Commercial Code (HGB).
(2) In the event of a defect, we shall, at our discretion, provide subsequent improvement or replacement delivery. We shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor, and material costs, insofar as these are not increased by the fact that the purchased item was moved to a place other than the place of performance.
(3) If subsequent performance fails, the customer is entitled to withdraw from the contract or reduce the purchase price.
(4) The limitation period for claims for defects is twelve months from the passing of risk.
(5) The statutory limitation periods in the event of a supplier recourse remain unaffected.
§ 8 Liability
(1) Claims for damages by the customer are excluded unless they are based on intent, malice, the assumption of a guarantee, injury to life, body, or health, or gross negligence.
(2) In the event of a slightly negligent breach of essential contractual obligations, Lumibobi's liability is limited to the typical, foreseeable damage.
(3) The above liability limitations also apply to claims for the reimbursement of wasted expenditure pursuant to § 284 BGB.
§ 9 Retention of Title
(1) Lumibobi retains title to all delivered goods until all claims from the business relationship have been settled in full.
(2) In the event of payment default or insolvency of the customer, we are entitled to withdraw from the contract without setting a deadline.
(3) The processing or transformation of the purchased item is always carried out for Lumibobi. We acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed objects.
(4) Further regulations concern sale, assignment, collection of claims, release of collateral, as well as extended and prolonged retention of title.
§ 10 Final Provisions
(1) The place of performance and exclusive place of jurisdiction is the registered office of Lumibobi, provided the customer is a merchant.
(2) The law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Sales Convention (CISG).
(3) Should individual provisions of these terms of sale be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.