General terms and conditions (GTC) for orders placed on the www.leki.de | www.leki.it website
Information & preamble
LEKI Lenhart GmbH (hereinafter referred to as “LEKI” or “we”) is sole vendor and contractual partner during this process. As a result, we request that you please contact us directly if you have any questions or encounter difficulties when placing an order.
- By placing an order, customers agree to the following general terms and conditions (GTC).
- The version of the GTC that is valid at the time of the order shall always apply.
- We hereby rule out the possibility of special or deviating conditions unless we have expressly agreed to their validity in writing.
- Customers must be at least 18 years of age to place an order on our website.
§2 Sales contracts
- The presentation of products on our website constitutes a non-binding online catalog (and not a legally binding offer).
- By ordering goods on our website, customers make a binding offer to enter into a sales contract with us. Customers receive an automated email immediately after placing an order. This email is a simple acknowledgment of receipt and does not constitute an acceptance of the order. We have two days to accept a customer’s order. Once we have accepted an order, the customer will receive an email including their invoice. This email is sent to the email address provided by the customer. A sales contract does not arise for any products from a single order that are not listed in the confirmation of shipment.
- As specified in the preamble, we begin by forwarding the customer’s order to our authorized network of dealers. If an authorized dealer is in possession of the ordered goods, it can accept the sales contract and ship the goods on behalf of LEKI. If none of our authorized dealers are in possession of and/or are able to ship the goods, we will ship the goods ourselves. Due to this special arrangement, it can sometimes take longer for orders to be accepted than on other websites. As soon as we determine which dealer will send the goods, the customer will receive the above-mentioned order acceptance email. The sales contract is accepted within two days of the receipt of the order.
- After the contract is concluded, we save the content of the contract for our own purposes. If you have created a customer account on our website while placing an order, you can log in to this account to obtain a history of your concluded sales contracts. This is a free additional service which we reserve the right to discontinue at any time. Upon placing an order on our website, you will receive an acknowledgment of receipt with the sales contract by email. You must save or print this order confirmation to ensure you are in possession of a permanent copy of the content of the contract. In addition, the general terms and conditions (GTC) that are valid at the time of the order must always be considered part of this content. Our GTC can be saved or printed at any time from our website. We are not obliged to make the content of a contract available permanently once said contract has been concluded. In case of doubt, our general terms and conditions always apply.
§3 Payment and default
- Customers receive their orders after paying for their ordered goods.
- This payment can be made by the various means proposed during the order process, as per the conditions of the respective payment provider.
- We send customers invoices by email or with the delivered goods.
- In the event of a late payment, interest will accrue at a rate of 5 percent above the base rate. LEKI is entitled to establish and demand higher damages for late payments.
- We work with UNZER GmbH (hereinafter “UNZER”) to allow you to only pay for your order once you have received your goods. Since UNZER is responsible for collecting these payments, the general terms and conditions of UNZER apply for this payment method. With UNZER, you never have to provide your account details and you only pay once you have received your ordered goods. An invoice is included with the order. The payment must be made within 14 days of the date on the invoice. Financing is not possible and delivery must be made to the billing address.
- The ordered goods will be delivered to the delivery address specified by the customer, unless otherwise agreed in the sales contract.
- If we have entered into an agreement with a supplier for the said supplier to deliver the ordered goods to the customer directly, and the supplier, through no fault of our own, fails to fulfill its contractual obligations with regard to the said agreement, then we are entitled to cancel the sales contract with the customer. In such a case, the customer will be immediately informed that the ordered goods are not available. Any payments received for the order will be refunded immediately.
- Delivery takes place 3 to 5 days after an order is received (provided the order is accepted).
- If a customer fails to fulfill the obligations of the sales contract or proves to be in breach of the sales contract in any other way, then we are entitled to demand compensation for any damages incurred by said non-fulfillment or breach, including additional expenses. Furthermore, in such a case, the customer shall assume the risk of accidental loss or deterioration of the ordered goods during the time in which the customer is in breach of the sales contract or has failed to pay for the order. We reserve the right to make all further claims.
- Otherwise, the statutory claims of the customer remain unaffected.
- For orders placed on our website, the prices displayed at the time of the order apply. The displayed prices are final prices and include the legal amount of value-added tax (VAT).
- If we modify the prices or terms of payment for the ordered goods between the day the order is placed and the day the order is delivered, then we reserve the right to apply the prices or terms of payment that are valid on the day of delivery. In the event that a price increases, the customer reserves the right to cancel the order within 14 days upon receiving the notification of said increase.
- Unless otherwise specified in the order confirmation, invoices will be due in full immediately upon their receipt.
Right of withdrawal
You have the right to cancel your order within 14 days for any reason whatsoever. This period of 14 days begins on the day you or a third party designated by you (but not the carrier) receives the order. Customers wishing to exercise their right of withdrawal must clearly express this wish in writing (e.g., letter, fax, email). The following sample withdrawal letter can be used but is not mandatory. Customers who wish to exercise their right of withdrawal must send their requests before the end of the cancellation period.
The cancellation is to be made in writing to:
LEKI Lenhart GmbH
73230 Kirchheim unter Teck
Or by telephone: +49 (0) 7021 9400 0
Or by fax: +49 (0) 7021 9400 99
Or by email: firstname.lastname@example.org
Refunds and returns following cancellations
If you decide to exercise your right of withdrawal, we will immediately issue a refund for any payments received (including delivery fees, except for those that surpass the standard, least expensive delivery option available at the time of the order), or no later than 14 days from the day we receive your request to cancel your order. Unless expressly agreed otherwise with you, the refund will be made via the payment method that you used to place your order. In no case will you be charged any fees relating to the refund. We reserve the right to refuse to issue a refund until we have received the goods back from you, or until you have provided proof that you have in fact returned the goods, whichever comes first.
You must immediately return your order (personally or by mail) to us or to the authorized dealer who shipped the goods, or at the very latest within 14 days from the day upon which you notified us of your decision to exercise your right of withdrawal. This deadline is considered met if you send the goods before the end of the 14-day period. All orders are delivered with a return label, allowing you to return the goods free of charge.
You will only be required to pay for losses in the value of delivered goods if we determine that said losses result from your handling of the goods in an inappropriate manner (i.e., beyond the usual testing of the condition, properties, and functioning of the goods).
End of the cancellation period
§7 EU Regulation on Online Dispute Resolution (ODR)
The EU has created an Internet platform for the resolution of online disputes (ODR platform). The purpose of the ODR platform is to quickly and effectively resolve disputes between consumers and merchants with regard to sales or service contracts that are concluded online.
As per Art. 14 of EU Regulation No. 524/2013 on online dispute resolution in consumer matters (the “ODR Regulation”), we hereby provide customers to our website with the link to the ODR platform.
Download the ODR Regulation here.
You can access the online dispute resolution platform here:
Link to the ODR platform
As per Art. 14 of the ODR Regulation, we also hereby provide customers to our website with our email address:
§8 Retention of title
The delivered goods remain our property until the customer has paid for the goods in full.
§9 Set-off and right of retention
Customers shall only be granted the right of set-off if their counterclaims are undisputed by us or have been determined as legally binding by a court of law. Customers shall only be granted the right of retention if their counterclaim is based on the same contractual relationship.
§10 Warranty and liability for defects
- Customers benefit from a legal warranty whenever the ordered goods are delivered with defects (e.g., production damage or defects). If an item is delivered with defects, the customer may initially return the defective item for repairs or an exchange. If all the other legal requirements are met, the customer may request a reduction in the purchase price of the item or withdraw from the contract of sale. All defect claims must be made within 2 years of the legal start of the limitation period.
- Customers may not transfer their rights to defect claims to others.
§11 Liability and compensation
- We shall only be held liable for gross negligence or intent. We are also liable in the event of a negligent breach of the obligations which we must meet to properly execute and achieve the purpose of the sales contracts with our customers. However, we shall not be held liable for unforeseeable damage or damage that falls outside the scope of the sales contract. We shall also not be held liable in the event of slightly negligent breaches of our other obligations.
- We shall not be held liable for all further damage. In particular, we shall only be held liable for damage to the delivered goods themselves.
- The above liability exclusions do not apply in the event of injury to life, limb, or health. Liability under the Product Liability Act remains unaffected.
- All claims for damages must be made within 1 year of the legal start of the limitation period, except in those cases where we are charged with gross negligence or intent or the law calls for a different period.
§12 Data protection
- Customers may, at any time, request information regarding the personal data we have collected during their use of our website.
- After the contract is concluded, we save the content of the contract for our own purposes.
§13 Final provisions
- German is the contractual language of the present contract and the language used for explanations regarding the execution of the contract.
- Translations of the present GTC cannot be considered legally binding. The German version of these GTC always takes precedence over versions in other languages.
- The present contract contains all agreements made between the parties concerning the subject matter of the contract. There are no verbal collateral agreements.
- The present contract is subject exclusively to the law of the Federal Republic of Germany. When German law makes reference to foreign legal systems, these references do not apply to the present contract.
- The Convention on the International Sale of Goods (“CISG” or “UN Sales Convention”) does not apply.
- The local court presiding over the location of our headquarters in Kirchheim unter Teck, Germany, shall be solely responsible for all decisions regarding disputes arising from contractual relationships with us. However, we are also entitled to take legal action against customers in their place of residence.