General Terms and Conditions

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Terms of Payment
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Applicable Law
  10. Jurisdiction
  11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of LORD Hausgeräte GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller can accept the Customer's offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
  • by requesting the Customer to pay after submitting their order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the online order form of the Seller, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after sending the order. The contract text is not made accessible beyond this by the Seller.

2.5 Before binding submission of the order via the online order form of the Seller, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.6 For concluding a contract, English, Czech, German, Slovak, Ukrainian, Italian, Spanish, Russian, Polish are available.

2.7 Order processing and contacting take place regularly via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the product description of the Seller, the prices quoted are total prices that include the statutory value added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the online shop of the Seller.

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the order processing of the Seller is decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the outward shipment if the Customer effectively exercises their right of withdrawal. For the return costs, the regulation made in the Seller's cancellation policy applies if the right of withdrawal is effectively exercised by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer when the goods are handed over to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance payment, it retains ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the provisions of the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of supplementary performance;
  • the limitation period for claims for defects is one year from delivery of the goods for new goods;
  • the rights to defects are excluded for used goods;
  • the limitation period does not begin again if a replacement delivery is made within the scope of the liability for defects.

7.2 The above-regulated limitations of liability and shortening of deadlines do not apply

  • for claims for damages and reimbursement of expenses of the Customer,
  • in the event that the Seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
  • for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, the statutory limitation periods for any existing statutory right of recourse remain unaffected for entrepreneurs.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer does not comply with this, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation for any legal reason

  • in case of intent or gross negligence,
  • in case of intentional or negligent injury to life, body or health,
  • on the basis of a guarantee promise, insofar as nothing else is regulated in this regard,
  • due to mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently violates an essential contractual obligation, the liability is limited to the contractually typical, foreseeable damage, unless unlimited liability is assumed in accordance with the above paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, any liability of the Seller is excluded.

8.4 The above liability regulations also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Jurisdiction

If the Customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the sovereign territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Seller. If the Customer has its registered office outside the sovereign territory of the Federal Republic of Germany, the registered office of the Seller is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. In the aforementioned cases, however, the Seller is in any case entitled to bring an action before the court at the Customer's registered office.

11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.