General Terms and Conditions of Use and Business - Lampuga GmbH

§ 1 General, scope of application

(1) These General Terms and Conditions of Use and Business (‘GTC’ or ‘our GTC’) apply to all business relationships between us and our buyers (‘Buyers’) via our website www.lampuga.de. The GTC apply both to consumers within the meaning of Section 13 of the German Civil Code (BGB) (‘consumers’) and to entrepreneurs. Entrepreneurs within the meaning of these GTC are entrepreneurs pursuant to Section 14 BGB, legal entities under public law and special funds under public law (‘Entrepreneurs’).

(2) Our deliveries and services are based on these terms and conditions and any separate contractual agreements. Our GTC shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Buyer shall only become part of the contract if and to the extent that we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if we carry out the delivery to the Buyer without reservation in the knowledge of the Buyer's General Terms and Conditions.

The GTC apply in particular to contracts for the sale and/or delivery of movable goods (‘Goods’), irrespective of whether we manufacture the Goods ourselves or purchase them from suppliers (Sections 433, 650 BGB).

(3) Individual agreements made with the Buyer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. Subject to proof to the contrary, a written contract or our written confirmation shall be authoritative for the content of such agreements.

(4) The languages available for the conclusion of the contract are German and English. Translations into other languages serve only to inform the customer. In the event of contradictions between the German text and the English text or one of the translations, the German text shall take precedence.

(5) Legally relevant declarations and notifications by the buyer in relation to the contract (e.g. setting a deadline, notification of defects, cancellation or reduction) must be made in writing, whereby written means in writing or text form (e.g. letter, e-mail, fax). Statutory formal requirements and further evidence, in particular in the event of doubts about the legitimacy of the declaring party, shall remain unaffected.

(6) References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.

(7) Written in the sense of these GTC includes the text form (e.g. e-mail, fax).

§ 2 Conclusion of contract; ordering process

(1) The ordering process via our website www.lampuga.de takes place in several steps. Firstly, the buyer submits an enquiry to us using the purchase form provided on the website. This enquiry does not yet constitute a binding offer to conclude a purchase contract.

(2) After receipt of the enquiry, a Lampuga GmbH sales representative will contact the buyer. Further communication about the desired product details, individual requirements and, if applicable, delivery modalities will take place by telephone, e-mail or other common means of communication (e.g. WhatsApp).

(3) Following consultation with the Buyer, we may - if necessary - prepare a written offer and send it to the Buyer. This offer is non-binding unless it is expressly labelled as binding.

(4) The buyer's intention to purchase is then communicated to Lampuga GmbH by means of an express confirmation (by e-mail, telephone or WhatsApp).

(5) After receipt of the purchase confirmation, Lampuga GmbH will issue a written order confirmation, which contains the essential contents of the contract and is sent to the buyer in text form.

(6) The buyer will then receive an invoice for the full purchase price. The purchase price is due for payment without deduction and within the period stated on the invoice. The purchase contract is concluded upon receipt of the order confirmation.

(7) The goods shall be delivered in accordance with the terms of the order confirmation and after full payment has been received.

§ 3 Delivery, place of fulfilment, transfer of risk, acceptance, default of acceptance

(1) Deliveries to entrepreneurs shall be made duty unpaid ex works, Werkstraße 11, 76437 Rastatt (Germany).

(2) Deliveries shall be made exclusively to EU member states.

(3) Upon request and if agreed accordingly, the goods shall be dispatched to another destination at the Buyer's expense (sale to destination). Unless otherwise agreed, we are entitled to determine the type of dispatch (in particular transport company, dispatch route, packaging) ourselves. If the Buyer is an entrepreneur, the following also applies: The Buyer is obliged to provide us with all information, documents, authorisations and certificates required for the export, import or shipment of the goods to the destination immediately at his own expense, insofar as these are necessary for the fulfilment of the performance obligation, unless we have expressly assumed these obligations

(4) The place of fulfilment for the delivery and any subsequent performance shall be the factory if the Buyer is an entrepreneur.

(5) The statutory provisions shall apply with regard to the transfer of risk, unless otherwise agreed below.

(6) If the Buyer is an entrepreneur, the risk shall pass to the Buyer when the goods are handed over to the forwarding agent or carrier in the case of sale by despatch. This shall also apply if partial deliveries are made or if we have assumed further services. If acceptance is required, this shall be decisive for the transfer of risk. It must be carried out immediately on the acceptance date, alternatively after notification of readiness for acceptance. The Buyer may not refuse acceptance in the event of a minor defect.

(7) If dispatch or acceptance is delayed or does not take place as a result of circumstances for which we are not responsible, the risk shall pass to the Buyer from the date of notification of readiness for dispatch or acceptance.

(8) Partial deliveries are permissible, provided this is reasonable for the Buyer.

(9) If the Buyer is in default of acceptance, fails to co-operate or if our delivery is delayed for other reasons for which the Buyer is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs) if the Buyer is an entrepreneur.

§ 4 Delivery period and delay in delivery

(1) We shall deliver the goods in accordance with the agreements made with the Buyer, but not before receipt of the full purchase price.

(2) If there are delays in our performance due to restrictions, e.g. due to authorisation, inspection or information procedures, contractual deadlines and delivery dates shall be postponed accordingly, unless we are responsible for this delay.

(3) If the Buyer is an entrepreneur, the following shall also apply: If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we shall inform the Buyer of this immediately and at the same time inform the Buyer of the expected new delivery deadline. If the service is also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall immediately reimburse any consideration already paid by the Buyer. A case of non-availability of performance in this sense shall be deemed to be in particular the failure of our supplier to deliver to us in good time if we have concluded a congruent hedging transaction, neither we nor our supplier are at fault or we are not obliged to procure in the individual case.

(4) The occurrence of our delay in delivery shall be determined in accordance with the statutory provisions. In any case, however, a reminder from the Buyer is required.

(5) If dispatch or acceptance of the goods is delayed for reasons for which the Buyer is responsible, the Buyer shall be charged for the costs incurred by us as a result of the delay.

(6) If non-compliance with the delivery time is due to force majeure, labour disputes or other events beyond our control, the delivery time shall be extended accordingly. We shall inform the Buyer of the beginning and end of the relevant circumstances as soon as possible.

(7) The rights of the Buyer pursuant to § 6 and § 7 of these GTC and our statutory rights, in particular in the event of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of performance and/or subsequent fulfilment), shall remain unaffected.

§ 5 Prices and terms of payment

(1) Our prices include the packaging costs and the statutory VAT; the corresponding shipping costs are indicated to the buyer in the order form and are to be borne by the buyer, unless the buyer makes use of any existing right of cancellation.

(2) In the event of cancellation of his declaration of intent to conclude the purchase contract, the buyer shall bear the regular costs of returning the goods as specified in the cancellation policy attached below. Please return the goods to us in their original packaging.

(3) In the case of sale by despatch (§ 3 para. 3), the buyer shall bear the transport costs ex warehouse and the costs of any transport insurance requested by the buyer. In this case, we shall charge the Buyer a flat-rate freight charge (excluding transport insurance), which shall be calculated on the basis of the circumstances of the individual case and specified in the offer. Any customs duties, fees, taxes and other public charges shall be borne by the Buyer.

(4) The Buyer may only make payment in advance.

(5) The Buyer shall only be entitled to set-off or retention rights insofar as his claim has been legally established or is undisputed. In the event of defects in the delivery, the Buyer's counter-rights shall remain unaffected.

§ 6 Claims for defects of the buyer

(1) If the Buyer is a consumer, the statutory provisions shall apply to the Buyer's rights in the event of material defects and defects of title. In all cases, the special statutory provisions for final delivery of the unprocessed goods to a consumer shall remain unaffected, even if the consumer has further processed them (supplier recourse pursuant to §§ 478 BGB).

(2) If the Buyer is a merchant, the Buyer's claims for defects presuppose that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with §§ 377, 381 HGB. In addition, the following applies to entrepreneurs:

a. The basis of our liability for defects is above all the agreement reached on the quality and intended use of the goods (including accessories and instructions). All product descriptions and manufacturer's specifications which are the subject of the individual contract or which were made public by us (in particular in catalogues or on our Internet homepage) at the time of conclusion of the contract shall be deemed to be an agreement on quality in this sense. Insofar as the quality has not been agreed, it shall be assessed in accordance with the statutory provisions whether a defect exists or not (Section 434 (3) BGB). Public statements made by the manufacturer or on its behalf, in particular in advertising or on the labelling of the goods, shall take precedence over statements made by other third parties.

b. In the case of goods with digital elements or other digital content, we shall only be obliged to provide and, if applicable, update the digital content insofar as this expressly results from a quality agreement in accordance with the above paragraph. In this respect, we accept no liability for public statements made by other third parties.

c. We are not liable for defects that the buyer is aware of or is grossly negligent in not being aware of when the contract is concluded (§ 442 BGB). Furthermore, the buyer's claims for defects presuppose that he has fulfilled his statutory inspection and notification obligations (§§ 377, 381 HGB). If a defect becomes apparent upon delivery, inspection or at any later point in time, we must be notified of this in writing without delay. In any case, obvious defects must be reported in writing within 3 working days of delivery and defects not recognisable during the inspection within the same period from discovery. If the Buyer fails to carry out the proper inspection and/or report defects, our liability for the defect not reported or not reported on time or not reported properly shall be excluded in accordance with the statutory provisions.

d. If the goods are defective, we may initially choose whether to provide subsequent fulfilment by remedying the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery). If the type of subsequent fulfilment chosen by us is unreasonable for the buyer in the individual case, he may reject it. Our right to refuse subsequent fulfilment under the statutory conditions remains unaffected.

e. We are entitled to make the subsequent fulfilment owed dependent on the Buyer paying the purchase price due. However, the Buyer shall be entitled to retain a reasonable part of the purchase price in proportion to the defect.

f. The Buyer shall give us the time and opportunity required for the subsequent fulfilment owed, in particular to hand over the goods complained about for inspection purposes. In the event of a replacement delivery, the Buyer shall return the defective item to us at our request in accordance with the statutory provisions; however, the Buyer shall not be entitled to return the item. Subsequent fulfilment shall not include the removal, dismantling or disassembly of the defective item or the installation, attachment or assembly of a defect-free item if we were not originally obliged to perform these services; the Buyer's claims for reimbursement of corresponding costs (‘dismantling and assembly costs’) shall remain unaffected.

g. We shall bear or reimburse the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs and, if applicable, dismantling and installation costs, in accordance with the statutory provisions and these GTC, if a defect actually exists. Otherwise, we may demand compensation from the Buyer for the costs incurred as a result of the unjustified request to remedy the defect if the Buyer knew or could have recognised that there was in fact no defect.

h. If a reasonable deadline to be set by the Buyer for subsequent fulfilment has expired without success or is dispensable according to the statutory provisions, the Buyer may withdraw from the purchase contract or reduce the purchase price according to the statutory provisions. In the case of an insignificant defect, however, there is no right of cancellation.

i. Claims of the buyer for reimbursement of expenses in accordance with § 445a para. 1 BGB are excluded, unless the last contract in the supply chain is a consumer goods purchase (§§ 478, 474 BGB) or a consumer contract for the provision of digital products (§§ 445c p. 2, 327 para. 5, 327u BGB). Claims of the buyer for damages or reimbursement of futile expenses (§ 284 BGB) shall only exist in accordance with the following §§ 7 and 8, even if the goods are defective.

j. No liability is accepted in the following cases in particular: Unsuitable or improper use, faulty assembly or commissioning by the purchaser or third parties, natural wear and tear, faulty or negligent handling, improper maintenance, unsuitable operating materials, chemical, electrochemical or electrical influences - unless we are responsible for them.

k. Safety instructions supplied with the product must be observed by the purchaser and must also be communicated to third parties. The goods must be checked for visible damage before and after each use. Any force applied to batteries (e.g. dropping) must be reported to the manufacturer immediately and the battery must not be used without clarification. Charging must never be left unattended. When not in use, the battery must be stored in a suitable container intended for the storage of such batteries (e.g. battery safe).

l. We are also not liable for the consequences if the buyer or a third party carries out improper repairs.

m. Insofar as the quality has not been agreed, it is to be assessed in accordance with the statutory regulation whether a defect exists or not (§ 434 Para. 1 S. 2 and 3 BGB). However, we accept no liability for public statements made by third parties (e.g. advertising statements).

§ 7 Other liability

(1) Unless otherwise stated in these GTC including the following provisions, we shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.

(2) We shall be liable for damages - irrespective of the legal grounds - within the scope of fault-based liability in cases of intent and gross negligence.

(3) In the event of simple negligence, we shall only be liable, subject to statutory limitations of liability (e.g. care in our own affairs; insignificant breach of duty), for damages arising from the breach of a material contractual obligation (obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely); in this case, however, liability shall be limited to compensation for foreseeable, typically occurring damage.

(4) These limitations of liability shall also apply to third parties and in the event of breaches of duty by persons (including in their favour) whose fault we are responsible for in accordance with statutory provisions.

(5) Mandatory statutory claims of the buyer for culpable injury to life, limb and health, insofar as a defect has been fraudulently concealed or a guarantee for the quality of the goods has been assumed and due to liability under the Product Liability Act remain unaffected.

(6) The limitation periods stated under § 8 shall also apply to contractual and non-contractual claims for damages of the customer based on a defect of the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases. Claims for damages by the customer in accordance with paragraphs 2 to 5 of this § 7 shall lapse exclusively in accordance with the statutory limitation periods. Further special statutory provisions on limitation periods (in particular § 438 para. 1 no. 1, para. 3, §§ 444, 445b BGB) shall also remain unaffected.

(7) Further claims of the Buyer are excluded.

§ 8 Statute of limitations

If the Buyer is an entrepreneur, the warranty periods for used goods shall be reduced to 1 year in accordance with § 476 para. 2 BGB. The statutory provisions on limitation periods shall apply to consumers. The statutory provisions on the commencement of the limitation period, suspension of expiry, suspension and recommencement of limitation periods shall also remain unaffected.

§ 9 Use of software

If software is included in the scope of delivery of the goods, we shall grant the Buyer a non-exclusive right to use the software in the country of the Federal Republic of Germany and, unless otherwise agreed, in the country of the Buyer's branch office, insofar as this is necessary for the contractual use of the goods within the purpose of the contract. Unless otherwise agreed or the purpose of the contract, this does not include any further rights, in particular to process or lease the software.

The mandatory statutory rights pursuant to § 69d UrhG remain reserved.

§ 10 Reservation of rights to information and documents

We reserve ownership rights and copyrights to information and documents, e.g. samples, cost estimates and drawings in physical and non-physical form (e.g. in electronic form); such information and documents may not be made accessible to third parties outside the contractual agreements (in particular the purpose of the contract) or our express consent.

§ 11 Choice of law and place of jurisdiction, bilingual version

(1) These GTC and the contractual relationship between us and the Buyer shall be governed by the law of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods; if the Buyer is a consumer, the mandatory consumer protection provisions of his country of domicile shall remain unaffected.

(2) The exclusive - also international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Karlsruhe if the Buyer is a merchant. However, we shall be entitled to bring an action at the Buyer's general place of jurisdiction.

(3) In the event of differing interpretations between a German and an English version of these General Terms and Conditions of Delivery, the German version shall prevail.

§ 12 Dispute resolution; non-participation in consumer arbitration

(1) The European Commission provides a platform for online dispute resolution (OS) under Online Dispute Resolution | European Commission. Our email address is info@lampuga.de

(2) The seller does not participate in consumer arbitration proceedings under the Consumer Dispute Resolution Act and is not obliged to do so.

§ 12 Cancellation policy

(1) Consumers generally have a statutory right of cancellation when concluding a distance selling transaction, about which the seller provides information below in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraph (2). A sample cancellation form can be found in paragraph (3).

Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise the right to cancel, you must inform us (Lampuga GmbH, Werkstraße 11, 76437 Rastatt, Tel: +4972161935600, Email: info@lampuga.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

You shall 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 their condition, properties and functionality.

(2) The supplier provides the following information about the model cancellation form in accordance with the statutory provisions:

Model cancellation form

(If you wish to cancel the contract, please fill out this form and send it back).

form and send it back to us).

- To Lampuga GmbH, Werkstraße 11, 76437 Rastatt, info@lampuga.de

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

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Ordered on (*) ____________ / received on (*) _________________

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Order number

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Name of the consumer(s)

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Address of the consumer(s)

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Signature of the consumer(s) (only for notification on paper)

- Date(s)

(*) Delete as appropriate