§1 General information
For the business relationship between LTT Group GmbH, represented by the managing director Frank Gottheil, Ferdinand-Braun-Str. 19, D-46399 Bocholt (hereinafter: LTT) and entrepreneurs within the meaning of § 14 BGB (hereinafter referred to as ‘Customers’), the following general terms and conditions shall apply exclusively in the version valid at the time of the order. LTT does not recognise any deviating terms and conditions of the customer unless LTT has expressly agreed to their validity in writing.
§2 Prices and shipping costs
2.1All prices are inclusive of VAT plus online shipping costs.
2.2Ordered goods can be collected by the customer from LTT's place of business or will be dispatched in the name and for the account of the customer to the delivery address specified by the customer. The shipping costs to be paid by the customer are detailed in the terms of delivery.
2.3LTT shall bear all further costs, including for subsequent deliveries.
2.4The above shipping costs regulations only apply to deliveries within the Federal Republic of Germany and Austria.
§3 Conclusion of contract
3.1The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking on the ‘Order’ button, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods.
3.2No purchase contract is concluded for products from one and the same order that are not listed in the dispatch confirmation.
3.3The following applies to offers designated by LTT as ‘non-binding offers’: A purchase contract shall only be concluded after the customer has submitted an order to LTT corresponding to the offer and LTT has accepted the customer's order with an order confirmation. LTT's non-binding offer is merely an invitation to the customer to submit a purchase offer. Only by placing an order does the customer submit a binding purchase offer to LTT, which LTT can accept by confirming the order.
§4 Return of goods
4.1The customer may return defect-free goods if LTT has given its prior written consent to the customer in this respect. If there is no such agreement or if the goods are found to be defective despite the existence of an agreement, LTT shall be entitled to refuse acceptance of the goods.
4.2For the return of goods LTT charges a handling fee of 20 % of the net value of the goods.
4.3Any repair, packaging and transport costs shall be borne by the customer.
§5 Delivery
Unless otherwise agreed, delivery shall be made from LTT's warehouse to the delivery address specified by the customer. The delivery time of the items can be found in the respective product descriptions.
§6 Due date and payment, default
6.1The customer can pay the purchase price in advance, cash on delivery, PayPal, instant bank transfer or cash. For orders from a member state of the European Union or Switzerland, the customer can only pay the purchase price in advance or via PayPal.
6.2If the customer is in default of payment, LTT shall be entitled to demand default interest in the amount of 8% above the base interest rate per annum announced by the European Central Bank. If LTT has demonstrably incurred a higher damage caused by default, LTT shall be entitled to claim this.
§7 Offsetting, retention
The customer shall only have a right of set-off if its counterclaims have been recognised by declaratory judgement or are undisputed by LTT. Furthermore, the customer is only authorised to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§8 Retention of title
8.1LTT shall retain title to the purchased item until receipt of all payments (purchase price, transport compensation, default interest, other default damages, etc.) arising from the existing business relationship with the customer. In the event of breach of contract by the customer, in particular default of payment, LTT shall be entitled to take back the purchased item and to enter the customer's premises for this purpose. The customer hereby authorises this. This shall not constitute a cancellation of the contract unless we have expressly declared this in writing. The seizure of the object of purchase by LTT shall always constitute a cancellation of the contract.
8.2After taking back the purchased item, LTT shall be authorised to realise it; the realisation proceeds shall be set off against the customer's liabilities less reasonable realisation costs. LTT shall be entitled to take possession of the purchased item itself; the customer expressly agrees to this, so that this does not constitute prohibited self-authorisation.
8.3The customer is obliged to treat the purchased item with care; in particular, he is obliged to insure it adequately at his own expense against fire, water damage and theft at replacement value. If maintenance and inspection work is required, the customer must carry this out in good time at his own expense.
8.4In the event of seizure or other interventions by third parties, the customer must notify LTT immediately in writing so that LTT can bring an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO). If the third party is not in a position to reimburse LTT for the judicial and extrajudicial costs of an action pursuant to Section 771 ZPO, the customer shall be liable for the loss incurred by LTT.
8.5The customer is entitled to further utilise the object of sale in the ordinary course of business; however, he hereby assigns to LTT all claims in the amount of the final invoice amount (including VAT) which accrue to him from the resale or processing against his customers or third parties, irrespective of whether the object of sale has been further utilised without or after processing. LTT hereby accepts the assignment. The customer shall remain authorised to collect this claim even after the assignment. Our authorisation to collect the claim ourselves remains unaffected by this. However, LTT undertakes not to collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings or out-of-court settlement proceedings with the creditors regarding the settlement of debts (305 I No. 1 InsO) has been filed, no cheque or bill protest or suspension of payment exists. However, if this is the case, we can demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment. The authorisation to collect relates to the entire balance claim.
8.6The processing or transformation of the object of sale by the customer shall always be carried out for LTT. If the purchased item is processed with other items not belonging to LTT, LTT shall acquire co-ownership of the new item in the ratio of the value of the purchased item to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the purchased item delivered under reservation of title.
8.7If the purchased item is inseparably mixed with other items not belonging to LTT, LTT shall acquire co-ownership of the new item in the ratio of the value of the purchased item to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership to LTT on a pro rata basis. The customer shall keep the resulting sole ownership or co-ownership for LTT free of charge.
8.8Once the authorisation to collect in accordance with clause 8.5 has lapsed, the customer is also no longer authorised to install, inseparably mix or process the goods subject to retention of title.
8.9The customer also assigns to LTT the claims against the third party which arise against a third party through the connection of the purchased item with a property. This also includes the right to the granting of a security mortgage with priority over the remainder. LTT accepts the assignment.
8.10If goods subject to retention of title are installed by the customer as an integral part of its own property, the customer hereby assigns the claims arising from the commercial sale of the property or property rights in the amount of the value of the goods subject to retention of title with all ancillary rights and with priority over the rest. LTT accepts the assignment.
8.11LTT undertakes to release the securities to which it is entitled at the customer's request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 45% (20% value discount, 4% §171 I InsO, 5% §171 II InsO and value added tax, currently 19%, in each case at the statutory rate). Unless LTT proves a lower realisable value of the goods subject to retention of title, the purchase prices of the customer or, if the goods subject to retention of title are processed, the production costs of the collateral or the co-ownership share shall be used as the realisable value, in each case less a permissible valuation discount of a maximum of 35 % of the claim to be secured (20 % value discount, 4 % §171 I InsO, 5 % §171 II InsO and value added tax in the respective statutory amount - currently 19 % -) due to possible lower proceeds. LTT shall be responsible for selecting the collateral to be released.
§9 Liability for defects
9.1If there is a defect in the purchased item for which LTT is responsible, we shall be entitled to choose subsequent fulfilment. In the event of rectification of the defect, we are obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of performance. In all other respects, the statutory provisions shall apply.
9.2LTT shall not be liable for damage caused by it, its legal representative or vicarious agent through simple negligence. This limitation of liability shall not apply to damages resulting from injury to life, body or health and from the breach of essential contractual obligations. Insofar as LTT is not accused of wilful breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage. It is pointed out that upstream suppliers are not vicarious agents of the seller.
9.3LTT must be notified immediately of any damage caused by defects in the delivered goods, specifying the processed goods.
9.4The warranty period is one year, unless there is a case of § 438 I No. 2 BGB (items that are used for a building in accordance with their normal use and cause its defectiveness), in which case the 5-year limitation period shall apply. This limitation of liability does not apply to damages resulting from injury to life, limb or health.
9.5The customer's warranty rights presuppose that he has notified LTT in writing of obvious defects within 2 weeks. The merchant within the meaning of the German Commercial Code (HGB) must have duly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB. LTT must be notified immediately in writing of any transport damage. In the case of delivery by rail, by commercial local and long-distance transport vehicles or by other carriers, the customer must fulfil the necessary formalities vis-à-vis the carrier. Customary breakage and shrinkage cannot be objected to.
9.6In the case of a used item, all warranty claims are excluded, unless there is fraudulent misrepresentation or a warranted characteristic. This limitation of liability does not apply to damages resulting from injury to life, body or health.
9.7If the customer discovers a defect, he may not process, sell, etc. the object of purchase until evidence has been preserved with LTT or a judicial preservation of evidence procedure has been carried out or an amicable settlement has been reached with LTT.
§10 Limitation of liability
10.1LTT's liability for claims for damages due to breach of duty or tortious claims in accordance with § 823 ff BGB etc. is limited in accordance with the following clauses.
10.2Insofar as LTT's liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents, etc.
10.3Liability independent of fault for the procurement of the object of purchase, if it is a generic debt, is excluded. Liability is only assumed in the event of fault.
10.4Liability for simple negligence (for whatever legal reason) is excluded. In the event of a breach of material contractual obligations, LTT shall also be liable for simple negligence.
10.5Liability for consultancy services etc., in particular with regard to the treatment and processing of building materials, shall only be assumed if this has been done in writing.
10.6Liability for damages shall be limited to the foreseeable, typically occurring damage, unless LTT has committed the breach of duty intentionally.
10.7Claims for damages for liability under the mandatory provisions of the Product Liability Act remain unaffected. LTT's liability is excluded in the event that the customer is notified in writing of the manufacturer or upstream supplier within 4 weeks of notification of the goods causing the damage.
10.8These limitations of liability do not apply to damages resulting from injury to life, limb or health or in the event of the existence of a guarantee or the assumption of a guarantee of quality.
§11 Federal Data Protection Act
LTT stores and processes customer data in accordance with the provisions of the Federal Data Protection Act.
§12 Notes
12.1Regulation on packaging
According to the German regulation on packaging you can recycle our delivered sales packaging (shipping package and product package) with the dual recycling system. In case that this is not possible, you can send back the packaging to us free of charge. We will reuse the packaging or will dispose it corresponding to the German regulation on packaging.
12.2The seller is subject to following codes of behavior
The seller isnít subject to any code of behavior.
12.3Disposing of used batteries
Our products may contain batteries as well as rechargeable batteries and due to the German Battery Act we are obliged to inform you about following: It is not allowed to dispose rechargeable batteries and other batteries with the regular garbage. Please note that giving back used batteries and rechargeable batteries is required by law. Furthermore used batteries may contain pollutants which can harm your health and the environment if they are not stored or recycled properly. Batteries contain also some important raw materials like iron, zinc, manganese or nickel and due to the German Battery Act you are obliged to give them back so that proper recycling can be ensured. Your used batteries can be brought to a local battery collection point or to your local dealer. As batteries are purchased by us we are obliged to take your used batteries back, too, but please note that this take-back obligation is limited to those batteries that we are actually selling as new batteries or have sold in our product range. Those batteries can be sent back to us free of charge or you can bring them without any costs directly to our distribution warehouse:
Battery collection point pursuant to the German Battery Act.:
LTT Group GmbH
Managing Director: Frank Gottheil
Ferdinand-Braun-Str. 19
D-46399 Bocholt
Germany
Meaning of battery symbols
All batteries are marked with a crossed out wheel bin. That symbol points out that you are not allowed to dispose batteries and rechargeable batteries with your household waste. Batteries that contain more than 0,0005 % quicksilver by mass, more than 0,002 % cadmium by mass or more than 0,004 % plumb by mass have a chemical description of the respective pollutant under the wheel bin symbol. Cd means cadmium, Pb means plumb and Hg means quicksilver.
Pb: batterie contains more than 0,004 % plumb by mass
Cd: batterie contains more than 0,002 % cadmium by mass
Hg: batterie contains more than 0,0005 % quicksilver by mass
§13 Place of jurisdiction, place of fulfilment, law
13.1If the customer is a registered trader, our registered office is the place of jurisdiction; this also applies to actions on cheques and bills of exchange.
13.2Unless otherwise stated in the order confirmation, our place of business shall be the place of fulfilment.
You can find our B2B agreement here.
Our terms and conditions for consumers can be found here.
