General Terms and Conditions
1. Basic provisions
1.1 The following terms and conditions apply to all contracts that you enter with us as a provider (LERPOS) via the website www. Lerpos.de close.
Unless otherwise agreed, the inclusion of your own terms and conditions, if any, will be contradicted.
1.2 Consumers & Entrepreneurs
For the purposes of the following rules, a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or self-employed professional activity.
Entrepreneur is any natural or legal person or partnership with legal power who, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
2. Making up of the contract
The object of the contract is the sale of goods and services.
2.1 Sale of goods:
2.1.1. Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
2.1.2. By clicking on the order button in the last step of the ordering process, you place a binding order for the goods listed on the order page. The purchase contract is concluded when we accept your order by an order confirmation by e-mail immediately after receipt of your order.
2.1.3 The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that SPAM filters do not prevent them.
2.2.1 Your enquiries for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.B. by e-mail), which you can accept within 5 working days.
3. Right of retention, retention of title
3.1 You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
3.2 The goods remain our property until full payment of the purchase price.
3.3 If you are an entrepreneur, the following applies in addition:
3.3.1 We reserve ownership of the goods until all claims arising from the current business relationship have been fully severed. Pledging or transfer of security is not permitted prior to the transfer of ownership of the reserved goods.
3.3.2 You may resell the goods in the ordinary course of business. In this case, you are already ceding all claims in the amount of the invoice amount that acceder to you from the resale to us, we accept the assignment. They are further authorised to collect the claim. However, if you do not duly meet your payment obligations, we reserve the right to collect the claim ourselves.
3.3.3 In the event of the combination and mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
4.1 The statutory provisions apply.
4.2 Insofar as you are an entrepreneur, the following shall apply by way of derogation from paragraph 4.1:
4.2.1 Only our own information and the manufacturer’s product description are deemed to have been agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
4.2.2 You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects in writing within 7 days of receipt of the goods, the timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later on from detection. In the event of a breach of the obligation to investigate and complain, the assertion of warranty claims is excluded.
4.2.3 In the event of defects, we provide, at our discretion, guarantee by rectification or replacement delivery. If the defect is receded twice, you can demand a reduction at your choice or withdraw from the contract. In the event of repair, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
4.2.4 The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpable damages attributable to us resulting from injury to life, body or health and grossly negligent or intentionally caused damage or deceit, as well as in the case of recourse claims pursuant to Sections 478, 479 of the German Civil Code (BGB).
5.1 LERPOS assumes no liability for interruptions that may occur in electrical or telecommunications services and which prevent the user from using the services offered.
5.2 Data communication via the Internet cannot be guaranteed without errors and/or available at any time according to the current state of the art. In this respect, we are not liable for the continuous or uninterrupted availability of the website and the service offered there.
5.3 Liability for Content
Although this website has been carefully compiled, we cannot rule out errors. All information on the homepage is provided without guarantee for topicality, correctness and completeness. No liability is assumed for damages of a material or immaterial nature resulting from the use of the information retrieved.
The use of the contents of the website is at the user’s own risk.
5.4 Liability for external links
For content that can be reached via links from our pages, the responsibility lies with the respective provider.
When linking the links for the first time, we checked the external content to see if there were any legal violations. At the time, there were no apparent violations of the law.
We would like to emphasize that we have no influence on the current and future design and content of the linked pages.
Setting external links does not mean that we adopt the content behind the reference or link. A constant control of the external links is not reasonable for us without concrete indications of legal violations. However, in case of knowledge of legal violations, such external links will be deleted immediately.
This declaration applies to all links provided on the homepage and to all contents of the pages to which links or banners lead.
6. Choice of law, place of performance, place of jurisdiction
6.1 German law applies.
6.2 The place of performance for all services arising from the business relations and place of jurisdiction that exists with us is our registered office, insofar as you are not a consumer but 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 or if the domicile or habitual residence is not known at the time the action is brought. The power to bring an action before the court at another legal place of jurisdiction remains unaffected by this.
6.3 The provisions of the UN Convention on Contracts for the Resale Of Contracts expressly do not apply.
7. Rights of LERPOS
7.1 LERPOS may save, modify, delete or change the prices of the offers without prior notice.
7.2 LERPOS entitles you to accept the contract offer contained in the order within a period of 5 working days after receipt by us. However, we are also entitled to refuse acceptance of the order, for example after checking the creditworthiness of the customer.
7.3 LERPOS may refuse orders due to missing stock or non-payment of the customer, in the event of non-compliance with these conditions, deny customers access to its computer tools.
7.4 LERPOS may accept payments for the sales in which the customer has consented to reserve the right of ownership and the complete ownership of the item until the full payment has been received by the customer.
7.5 The customer may only use the information published by LERPOS within the scope of the intended personal trading relationships.
It may not reproduce, sell or dispose of the information and all content published by LERPOS without the express permission of the Company.
8. Revocation instruction
8.1 Right of withdrawal
You have the right to withdraw from this contract within thirty days without giving any reason.
The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Iron Saleh / LERPOS, Waldnielerstrasse 28, 40549 Düsseldorf, Tel.: +491736315226 , E-Mail: info@Lerpos.de) by means of a clear statement (e.B. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory. You can use the sample withdrawal form or another unique explanation. If you make use of this possibility, we will immediately (e.B. by e-mail) send you a confirmation of receipt of such a revocation.
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.
8.2 Consequences of revocation If you withdraw from
this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undisclosed and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment. We may refuse the refund 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 immediately and in any case no later than thirty days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of thirty days. You bear the direct costs of returning the goods. You 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 checking the nature, characteristics and functioning of the goods.
8.3 Exclusion of the right of withdrawal
The right of withdrawal does not exist in:
contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
Entrepreneurs are not granted a voluntary right of withdrawal.
Identity of the seller
Iron Saleh / LERPOS
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with point 2 of our General Terms and Conditions.
3. Contract language, contract text storage
3.1. The language of the contract is german.
3.2. We do not store the entire text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out via the print function of the browser or saved electronically. Upon receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.
3.3. In the case of quotation requests outside the online shopping cart system, you will receive all contract data within the scope of a binding offer by e-mail, which you can print out or secure electronically.
Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the article description and the supplementary information on our website.
5. Prices and payment methods
5.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website, are shown separately during the ordering process and are to be borne by you in addition, unless the free delivery is promised.
5.3. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective article description.
5.4. Unless otherwise stated for the individual payment methods, the payment entitlements under the concluded contract are due for payment immediately.
6. Terms of Delivery
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective article description.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss of goods and accidental damage to the sold goods during shipment will only pass to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or a person otherwise designated to carry out the shipment. If you are an entrepreneur, the delivery and dispatch will be at your peril.
Legal liability for defects for goods
7.1. Liability for defects for our goods is governed by the “Guarantee” regulation in our General Terms and Conditions.
7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply, this will not affect your statutory warranty claims.