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General Terms and Conditions

Table of Contents
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1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
7. Warranty
8. Redemption of Campaign Vouchers
9. Code of conduct
10. Alternative dispute resolution


1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company LEDVANCE
GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or
a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services
presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected
to, unless other terms have been stipulated.


1.2 These GTC apply accordingly to contracts for the delivery of goods with digital elements, unless
otherwise provided. In this context, the Seller owes, in addition to the delivery of the goods, the
provision of digital content or digital services (hereinafter "digital products") which are contained in or
connected to the goods in such a way that the goods cannot fulfil their functions without them.


1.3 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly
agreed otherwise.


1.4 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose
attributed neither to a mainly commercial nor a self-employed occupational activity.


1.5 A trader pursuant to 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 the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of
the Seller, but merely serve the purpose of submitting a binding offer by the Client.


2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In
doing so, after having placed the selected goods and/or services in the virtual basket and passed through
the ordering process, and by clicking the button finalizing the order process, the Client submits a legally
binding offer of contract with regard to the goods and/or services contained in the shopping cart.


2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail);
insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the
time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s
offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the
effect that the Client is no longer bound by his statement of intent.


2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment
service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
(hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or, if the Client does
not have a PayPal account, subject to the Terms for payments without a PayPal account, available at
https://www.paypal.com/uk/webapps/mpp/ua/privacywaxfull#:~:text=You%20should%20note%20that%20PayPal's,offer%20under%20the%20user%20agreement.
If the Client pays by means of a method of payment offered by PayPal which can be selected in the
online order process, the Seller hereby declares the acceptance of the Client's offer at the time when the
Client clicks on the button concluding the order process.


2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the
Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or
letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If
the Client has set up a user account in the Seller's online shop prior to sending his order, the order data
shall be stored on the Seller's website and can be accessed by the Client free of charge via his passwordprotected user account by specifying the corresponding login data.


2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input
errors by reading attentively the information displayed on the screen. The enlargement function of the
browser to enlarge the display on the screen may be an effective method for better recognizing input
errors.

The Client can correct all the data entered via the usual keyboard and mouse function during the
electronic ordering process, until he clicks the button finalizing the ordering process.


2.7 The German and the English language are exclusively available for the conclusion of the contract.


2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is
the Client’s responsibility to ensure that the e-mail address he provides for the order processing is
accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s
responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties
commissioned by the Seller with the order processing can be delivered.


3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.


4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including
the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective
product description

4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.


4.3 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion
of the contract, unless the parties have arranged a later maturity date


4.4 If the payment method "PayPal direct debit" is selected, PayPal collects the invoice amount from the
customer's bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but
not before the deadline for pre-notification has expired. Pre-notification means any communication (e. g.
invoice, policy, contract) to the Client announcing a debit via SEPA direct debit. If the direct debit is not
honored due to insufficient account coverage or due to the indication of an incorrect bank account, or if
the Client objects to the debit, even though he is not entitled to do so, the Client shall bear the fees
arising from the reversal of the respective bank, if he is responsible for this.


4.5 When choosing a payment method offered via the payment service "Shopify Payments", payment
will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd
floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as "Shopify"). The
individual payment methods offered via Shopify are communicated to the Client in the Seller's online
shop. Shopify may use other payment services to process payments, which may be subject to special
payment terms, to which the Client customer is separately referred. Further information on "Shopify
Payments" can be found at https://www.shopify.com/payments.


4.6 If the payment method "immediate bank transfer" is selected, payment processing is carried out via
the payment service provider SOFORT GmbH, Theresienhöhe 12,80339 Munich (hereinafter referred to
as "IMMEDIATE"). If he wants to be able to pay the invoice amount via “immediate bank transfer,” the
Client must have an online banking account that is activated for participation in “immediate bank
transfer”. Furthermore he must have the appropriate credentials during the payment process, and must
confirm the payment instruction to IMMEDIATE . The payment transaction will be executed immediately
afterwards and the Client’s bank account debited accordingly. Further information on the payment
method “immediate bank transfer” can be called up by the Client at https://www.sofort.com/gerDE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.


4.7 If the method of payment Klarna Invoice Purchase or the method of payment Klarna Installment
Purchase is selected, payment processing is carried out via Klarna AB
(publ)[https://www.klarna.com/de], Sveavägen 46,111 34 Stockholm, Sweden (hereinafter referred to as
"Klarna"). Further information on Klarna Invoice and Installment Purchase as well as the terms and
conditions of Klarna can be found in the Seller's payment information, which can be viewed at the
following Internet address:
https://shop.ledvance.com/pages/zahlungsinformationen


5) Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the
Seller to the delivery address specified by the Client unless otherwise agreed. When processing the
transaction, the delivery address specified in the Seller's order processing shall be decisive. Deviating
from this, if the payment method PayPal is selected, the delivery address deposited by the Client with
PayPal at the time of payment shall be decisive.


5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client
was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the
Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances
beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless
the Seller has notified the Client about the service for a reasonable time in advance.


5.3 Personal collection is not possible for logistical reasons.


5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper selfsupply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a
concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the
goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant
him immediately counterperformance.


6) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the
purchase price owed has been paid in full.


7) Warranty
7.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating
therefrom, the following shall apply to contracts for the delivery of goods:


7.2 If the Client acts as trader
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
- for used goods, the rights and claims for defects are excluded,
- the limitation period shall not recommence if a replacement delivery is made within the scope of
liability for defects.


7.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply
- to claims for damages and reimbursement of expenses of the Client,
- if the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their customary use for a building and which have
caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products with respect to contracts
for the supply of goods with digital elements.


7.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may
exist shall remain unaffected.


7.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has
the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB.
Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed
approved.


7.6 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious
transport damages and the Seller has to be informed accordingly. Should the Client fail to comply
therewith, this shall not affect his statutory or contractual claims for defects.


7.7 The Seller shall not be liable for defects in the performance of the telecommunications contract for
which the respective service provider is solely responsible. In this respect, the relevant statutory
provisions and any deviating contractual conditions of the respective service provider shall apply.


8) Redemption of Campaign Vouchers
8.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context
of promotional activities and which cannot be purchased by the Client (hereinafter referred to as
"campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated
time period.


8.2 Individual products may be excluded from the voucher campaign, if such a restriction results from
the conditions of the campaign voucher.


8.3 Only one campaign voucher can be redeemed per order.


8.4 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund
remaining assets.


8.5 If the value of the campaign voucher is not enough for the order, the Client may choose one of the
remaining payment methods offered by the Seller to pay the difference.


8.6 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.


8.7 The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel,
returns goods paid fully or partially by a campaign voucher.


8.8 The campaign voucher is transferable. The Seller may render performance with discharging effect to
the respective owner who redeems the campaign voucher in the Seller’s online shop. This does not
apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity
or of the missing right of representation regarding the respective owner.


9) Code of conduct
The Seller meets the quality standards of Trusted Shops, which can be viewed at
www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf


10) Alternative dispute resolution


10.1 The EU Commission provides on its website the following link to the ODR platform:
https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales
and service contracts concluded between consumers and traders.


10.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an
alternative dispute resolution entity.
The seller is registered for extended producer responsibility in France under the following identifier(s):
FR001162_055CJU, FR001162_06XNPK, FR210918_01TLFE