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General terms and conditions with customer information

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Table of contents


1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. terms of delivery and dispatch
6. reservation of title
7. liability for defects (warranty)
8. redemption of promotional vouchers
9. redemption of gift vouchers
10. applicable law
11. place of jurisdiction
12. code of conduct
13. alternative dispute resolution


1) Scope of application


1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of LEDVANCE
GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods,
, which a consumer or entrepreneur (hereinafter referred to as "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 objected to,
unless otherwise agreed.


1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers,
unless otherwise expressly agreed.


1.3 Consumer in the sense of these AGB is each natural person, who locks a legal transaction
for purposes, which can be added predominantly neither its commercial nor its
independent vocational activity. 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 his
commercial or independent professional activity.


2) Conclusion of contract


2.1 The product descriptions contained in the Seller's online shop
do not represent 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 in 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 contract offer with regard 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 a
order confirmation in text form (fax or e-mail), 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 payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded at the
point in time at which one of the aforementioned alternatives occurs first. The period
for the acceptance of the offer begins on the day after the sending of the offer by
the customer and ends with the expiration of the fifth day, which follows the
sending of the offer. If the seller does not accept the customer's offer within
the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that
the customer is no longer bound by his declaration of intent.


2.4 If a payment method offered by PayPal is selected, the
payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie,
S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under
application of the PayPal terms of use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer
does not have a PayPal account - under application of the terms and conditions for payments
without a PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of
a payment method offered by PayPal that can be selected in the online ordering process,
the seller already declares acceptance of the customer's offer at the
point in time at which the customer clicks the button that concludes the ordering process.


2.5 When an offer is made via the Seller's online order form,
the text of the contract is stored by the Seller after the contract is concluded and transmitted to the Customer
in text form (e.g. e-mail, fax or letter)
after the Customer's order has been sent. The seller will not make the text of the contract accessible beyond this by
. If the customer has set up a
user account in the seller's online shop before sending his order, the order data
will be archived on the seller's website and can be accessed free of charge by the customer via his
password-protected user account by entering the relevant login data
.

2.6 Before bindingly placing 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 enlargement function of the
browser, with the help of which the display on the screen is enlarged. The customer can correct his
entries within the scope of the electronic ordering process via
the usual keyboard and mouse functions until he clicks the button concluding the ordering process
.


2.7 For the conclusion of the contract, the German and English languages are available at
.


2.8 Order processing and contacting usually take place via e-mail and
automated order processing. The customer must ensure that the e-mail address provided by him
for order processing is correct, so that e-mails sent by the seller can be received at this
address.
In particular, when using SPAM filters, the customer must ensure that all
e-mails sent by the seller or by third parties commissioned by the seller to process the order
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 withdrawal policy
.


4) Prices and terms of payment


4.1 Unless otherwise stated in the Seller's product description,
, the prices quoted are total prices which include the statutory
value added tax. Any additional delivery and
shipping costs are indicated separately in the respective product description.


4.2 The customer will be informed of the payment option(s) in the online shop of the
seller.


4.3 If prepayment by bank transfer is agreed, payment is due immediately after
conclusion of the contract, unless the parties have agreed on a later due date
.


4.4 If the payment method "SOFORT" is selected, the payment will be processed via the
payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter
"SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the
customer must have an online banking account
that has been activated for participation in "SOFORT", must legitimize himself accordingly during the payment process and must confirm the
payment instruction to "SOFORT". The payment transaction will be carried out
immediately afterwards by "SOFORT" and the customer's bank account will be debited.

More detailed information about the payment method "SOFORT" can be retrieved by the customer on the Internet
under https://www.klarna.com/sofort/.


4.5 If the customer selects one of the
payment methods offered via the "Shopify Payments" payment service, the payment is processed via the payment service provider Stripe
Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland
(hereinafter "Stripe"). The individual payment methods offered via Shopify Payments
are communicated to the customer in the seller's online shop. For the
processing of payments, Stripe may use other payment services, for which
may apply special payment terms, to which the customer may be referred separately
. Further information on "Shopify Payments" is available on the Internet at
https://www.shopify.com/legal/terms-payments-de.


4.6 If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount
from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the deadline for the
Preliminary Information on behalf of the seller.
Pre-notification is any communication (e.g. invoice, policy, contract)
to the customer announcing a debit by SEPA Direct Debit.
If the
direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit,
even though he is not entitled to do so, the customer shall bear the charges incurred by the
respective credit institution as a result of the chargeback, if he is responsible for this
.


4.7 If a payment method
offered via the payment service "Klarna" is selected, the payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34
Stockholm, Sweden (hereinafter "Klarna"). Further information as well as the
terms and conditions of Klarna in this regard can be found in the payment information of the
seller, which can be viewed at the following Internet address:

https://shop.ledvance.com/pages/bezahlmoglichkeiten


5) Delivery and shipping conditions


5.1 The delivery of goods is carried out by shipping to the delivery address provided by the customer
, unless otherwise agreed. When processing the
transaction, the delivery address
specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the
customer with PayPal at the time of payment 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 return if the customer effectively exercises his
right of revocation. In the event of effective exercise of
the right of revocation by the customer, the provision made in this respect in the seller's revocation instructions
shall apply to the return costs.


5.3 Self-collection is not possible for logistical reasons.

6) Retention of title


If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed to
has been paid in full.


7) Liability for defects (warranty)


7.1 If the purchased item is defective, the provisions of the statutory
liability for defects shall apply.


7.2 If the customer is acting as a consumer, he is requested to complain about delivered goods with
obvious transport damage to the deliverer and to inform the seller
. If the customer has not complied with this, he must inform the seller of the damage. If the customer does not comply with this, this will have no effect whatsoever
on his statutory or contractual claims for defects.


8) Redemption of promotional vouchers


8.1 Vouchers which are issued free of charge by the seller as part of promotional campaigns with a
specified period of validity and which cannot be purchased by the customer
(hereinafter "promotional vouchers") can only be redeemed
in the seller's online shop and only during the specified period.


8.2 Promotional vouchers can only be redeemed by consumers.


8.3 Individual products may be excluded from the voucher promotion, provided that
a corresponding restriction results from the content of the promotion voucher.


8.4 Promotional vouchers can only be redeemed before the order process is completed.
A subsequent settlement is not possible.


8.5 Only one promotional voucher can be redeemed per order.


8.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.


8.7 If the value of the promotional voucher is insufficient to cover the cost of the order,
may use one of the other payment methods offered by the seller,
, to pay the difference.


8.8 The credit balance of a promotional voucher is neither paid out in cash nor does
bear interest.


8.9 The promotional voucher will not be refunded if the customer returns goods paid for in full or in part using the
promotional voucher in accordance with the customer's statutory
right of cancellation.


8.10 The promotional voucher is transferable. The seller can make payments with discharging effect
to the respective holder who redeems the promotion voucher in the seller's online shop
. This does not apply if the seller has knowledge or grossly negligent
ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

9) Redemption of gift vouchers


9.1 Gift vouchers that can be purchased through the seller's online shop
(hereinafter "gift vouchers") can only be redeemed in the online shop of the
seller, unless otherwise stated in the voucher.


9.2 Gift Vouchers and remaining Gift Voucher balances are redeemable until the
end of the third year following the year in which the Gift Voucher was purchased. Remaining balances
will be credited to the customer until the expiry date.


9.3 Gift Vouchers can only be redeemed
before the checkout process is completed. Subsequent offsetting is not possible.


9.4 Only one gift voucher can be redeemed per order.


9.5 Gift Vouchers can only be used to purchase goods and cannot be used to purchase
other Gift Vouchers.


9.6 If the value of the gift voucher is insufficient to cover the cost of the order,
the remaining balance can be paid by using one of the other payment methods provided by
.


9.7 No interest will be paid on the Gift Voucher balance nor will any interest be accrued on
.


9.8 The Gift Voucher is transferable. The Seller may make payment with discharging
effect to the relevant holder redeeming the Gift Voucher in the
Seller's online shop. This does not apply if the seller has knowledge or grossly
negligent ignorance of the ineligibility, legal incapacity or
lack of representative authority of the respective holder.


10) 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 purchase of movable
goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted
is not withdrawn by mandatory provisions of the law of the state in which the consumer
has his habitual residence.


11) Place of 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 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 is domiciled outside the
territory of the Federal Republic of Germany, the seller's place of business
shall be 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 customer's professional or commercial activity
. However, in the aforementioned cases
, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.

12) Code of conduct


- The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the
Internet at. http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
.


13) Alternative dispute resolution


13.1 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 the out-of-court settlement of disputes
arising from online purchase or service contracts involving a consumer.


13.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a
consumer arbitration board.