GTC

General Terms and Conditions of Delivery of Leha GmbH

Ladestraße 4

06636 Laucha

I. Delivery period

1. the delivery period begins with the dispatch of our written order confirmation, but not before the provision of any documents, authorisations, releases to be procured by the customer and not before receipt of an agreed down payment. The order confirmation by e-mail or fax is sufficient. The order confirmation in text form is equivalent to the - even partial - fulfilment of the order by us.

2. the delivery deadline shall be deemed to have been met if readiness for dispatch has been notified or the delivery item has left the warehouse by the time it expires.

3. the delivery period shall be extended in cases of force majeure, such as strikes and lockouts, pandemics, as well as in the event of unforeseen obstacles beyond our control, e.g. operational disruptions, delays in the delivery of essential materials, insofar as such obstacles can be proven to have a significant influence on the delivery of the delivery item. This also applies if the circumstances occur at subcontractors. The delivery period shall be extended in accordance with the duration of such measures and hindrances.

We shall not be responsible for the aforementioned circumstances even if they arise during an already existing delay. In important cases, we shall inform the customer of the beginning and end of such obstacles as soon as possible.

4. partial deliveries are permissible within the delivery periods specified by us, provided that this does not result in disadvantages for use.

II Scope of delivery

1. the scope of delivery shall be determined by our order confirmation in text form (e-mail / fax).

2. we reserve the right to make changes in design or form which are due to improvements in technology or to legal requirements during the delivery period, provided that the delivery item is not significantly changed and the changes are reasonable for the customer.

3 Please bear in mind that with our often large and heavy consignments, transport marks and slight damage cannot always be avoided, even with careful packaging.

III Cancellation costs

If the customer cancels a placed order without justification, we may demand 10% of the sales price for the costs incurred in processing the order and for loss of profit, without prejudice to the possibility of claiming higher actual damages. The customer reserves the right to provide evidence of lower damages.

The buyer bears the return costs.

IV. Packaging and dispatch

Packaging becomes the property of the customer and is included in the delivery price. We shall choose the mode of dispatch at our best discretion.

V. Acceptance and transfer of risk

1. the customer is obliged to accept the delivery item. If the delivery is not carried out by us, the handover shall take place at our central warehouse in Bad Bibra. The customer must check the delivery item for completeness and any defects immediately after acceptance. If we do not receive notification of defects in text form within three days, the goods shall be deemed to have been accepted without defects. Notification of defects by e-mail or fax is sufficient. However, visible defects, whether of a quantitative or qualitative nature, must be reported immediately upon acceptance and recorded in writing on the delivery note. Otherwise, the goods shall be deemed to have been accepted completely and properly. In the case of defects that are not recognisable, a written notice of defects must be submitted to us within three days of the discovery of the defect at the latest.

2. if the customer remains in arrears with the acceptance of the object of purchase for longer than fourteen days from receipt of the notification of readiness, we shall be entitled, after setting a grace period of a further fourteen days, to withdraw from the contract or to claim damages for non-performance. It is not necessary to set a grace period if the customer seriously or finally refuses acceptance or is obviously unable to pay the purchase price within this period.

3. the risk shall pass to the customer upon acceptance of the delivery item. If the customer declares that he will not accept the delivery item, the risk of accidental loss or accidental deterioration of the delivery item shall pass to the customer at the time of refusal.

VI Price changes

Price changes are permissible if there are more than four months between the conclusion of the contract and the agreed delivery date. If wages, material costs or market cost prices increase thereafter until completion of the delivery, we shall be entitled to increase the price appropriately in line with the cost increases. The customer is only entitled to withdraw from the contract if the price increase exceeds the increase in the general cost of living between order and delivery by more than an insignificant amount. If the customer is a merchant, a legal entity under public law or a special fund under public law, price changes are permitted in accordance with the aforementioned provision if there are more than six weeks between the conclusion of the contract and the agreed delivery date.

VII Warranty

1. we provide a warranty for recognisable and non-recognisable defects or for the absence of warranted characteristics exclusively in such a way that, at our discretion, we reduce the purchase price appropriately, deliver replacement goods free of defects against return of the defective goods or, if possible, repair the goods free of charge. Natural wear and tear is excluded from the warranty in all cases.

2. the warranty obligation shall lapse if the delivered goods are modified, improperly handled or processed.

3. we shall only be liable for further claims and rights in cases of wilful intent and gross negligence. Liability is otherwise excluded.

4. for third-party products, we assign our warranty claims against the manufacturer of the third-party product to our customer. Our warranty liability is subsidiary in this respect. However, it shall come into full effect again if the third party is demonstrably unwilling or unable to perform.

VIII Retention of title

1. we reserve title to the delivery items until the purchase price has been paid in full.

2. in the event of breach of contract by the customer, in particular default of payment, we shall be entitled to take back the goods after issuing a reminder and the customer shall be obliged to surrender them.

3. the assertion of the retention of title as well as the seizure of the delivery items by us shall not be deemed a cancellation of the contract, unless the provisions of the Consumer Credit Act apply or this is expressly declared by us in writing. The following shall also apply in the case of use vis-à-vis merchants, a legal entity under public law or a special fund under public law: The customer shall be entitled to resell the delivery items in the ordinary course of business, but he hereby assigns to us all claims in the amount of the purchase price agreed between us and the customer (including VAT) which accrue to the customer from the resale, irrespective of whether the delivery items are resold without or after processing. The customer is authorised to collect these claims after their assignment. Our authorisation to collect the claims ourselves remains unaffected by this, but we undertake not to collect the claims as long as the customer duly fulfils his payment obligations and is not in default of payment. If this is the case, however, we may demand that the customer discloses 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.

4. the processing or transformation of the goods by the customer shall always be carried out on our behalf. If the delivery items are processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the delivery items to the other processed items at the time of processing.

5. if the delivery items are inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the delivery items to the other mixed items. The customer shall hold the co-ownership for us.

6. the customer may neither pledge the delivery items nor assign them as security. In the event of seizure, confiscation or other dispositions by third parties, the customer must notify us immediately and provide us with all information and documents necessary to protect our rights. Enforcement officers or third parties must be informed of our ownership.

7. we undertake to release the securities to which we are entitled at the request of the customer to the extent that these exceed the value of the claims to be secured by more than 20%, insofar as these have not yet been settled.

IX. Liability in tort

Claims for damages in tort are excluded unless the damage was caused intentionally or through gross negligence. This also applies to the actions of our vicarious agents. The limitations of liability do not apply to the absence of warranted characteristics, to cases of fraudulent intent, to injury to life, limb or health, to defects of title or to liability under the Product Liability Act.

X. Terms of payment

1. the purchase price and the fees for ancillary services are due for payment upon handover of the delivery item.

Payments via Paypal and prepayment are welcome. The payment by invoice option only comes into effect after multiple orders.

2. cheques and bills of exchange shall only be deemed payment after they have been honoured. Acceptance of bills of exchange always requires prior written agreement with us. If bills of exchange are accepted, the bank discount and collection charges will be charged. They are to be paid immediately in cash. A one-off processing fee of €10.00 per cheque or bill of exchange will be charged for cheque and bill of exchange payments due to the additional expense involved and in consideration of the calculation. As a rule, we only accept bank-confirmed cheques and bills of exchange.

3. we charge interest on arrears at 5% p.a. above the respective base interest rate of the Deutsche Bundesbank. If the contract was concluded exclusively between merchants, 9% p.a. above the respective base interest rate of the Deutsche Bundesbank shall be charged.

4. if the customer is a merchant, a legal entity under public law or a special fund under public law, the retention of payments due to any counterclaims of the customer not recognised by us is not permitted, nor is offsetting against such claims.

5. payments to us with discharging effect can only be made directly to the management or to our designated bank account.

XI. Place of fulfilment and jurisdiction

1. place of fulfilment is D - 06636 Laucha.

2. in the event of all disputes arising from the contractual relationship, if the customer is a registered trader, a legal entity under public law or a special fund under public law, the action shall be brought before the court having jurisdiction for our head office. We are also entitled to bring an action at the customer's headquarters.

3 German law shall apply exclusively to the exclusion of the laws on the international purchase of movable goods, even if the customer has his registered office abroad.

XII. Data protection

The protection of our customers' personal data is of central importance to us. Orders can only be considered if the necessary personal data is provided. The personal data processed in this context are processed for the specific purpose of contract fulfilment.

Personal data is passed on insofar as this is necessary and permissible for order processing and dispatch.

Customers can find further information and contact details on data protection in our Privacy Policy .

XIII Other

1. transfers of rights and obligations of the customer arising from the contract concluded with us require our written consent in order to be effective.

2. should a provision be or become invalid, the validity of the other provisions shall remain unaffected.

3. these terms of delivery shall apply to all business transactions, even if they are not mentioned in subsequent contracts. They shall also apply if the customer refers to his own terms and conditions of business, in particular when placing the order or in any other way, unless these have been expressly agreed to in writing.

Information on the right of cancellation and withdrawal

We have already informed you that we have accepted your order and that the ordered items will be delivered to you within the next few days.

We would like to inform you below that you are entitled to cancel the concluded contract in accordance with Section 355 BGB or that you have the right to withdraw from the contract in accordance with Section 312 d BGB. The right of cancellation only applies to consumers.

1. cancellation according to § 355 BGB

a- Right of cancellation

You can cancel your contract declaration within two weeks without giving reasons in writing (by email, letter or fax) or by telephone (Tel. No.: +49 (0)34462/ 60594).

The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our information obligations pursuant to Article 246 § 2 EGBGB in conjunction with § 1 para.1 and 2 EGBGB and our obligations pursuant to § 312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.

Timely dispatch of the notice of cancellation is sufficient to comply with the cancellation period. Unless otherwise agreed, the buyer shall bear the costs of returning the goods.

The cancellation is to be sent to:

Leha GmbH
Ladestraße 4
06636 Laucha
Germany

Tel.: (+49) 03 44 62 – 60 59 4

Fax: (+49) 03 44 62 – 60 63 2

E-Mail: info@leha-web.de

CEO: Kirsten Tänzer
Local court Halle HRB 5642
VAT-ID-No.: DE 250270986

Bank details:
Volksbank Halle (Saale) e.G.
SORT CODE 800 937 84
Account no.: 890 672 6
IBAN: DE55800937840008906726
BIC: GENODEF1HAL

b- Consequences of cancellation

In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived must be surrendered. If you are unable to return the services received in full or in part or only in a deteriorated condition, you may have to compensate us for the value. This does not apply if the deterioration of the goods is solely due to their inspection - as would have been possible in a shop, for example. In addition, you can avoid the obligation to pay compensation by not using the goods as an owner and refraining from doing anything that could impair their value. Items that cannot be sent by parcel post will be collected from you. The buyer shall bear the costs of returning the goods.

2. right of cancellation

a- Right of return

You can return the goods received without giving reasons within two weeks by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our information obligations pursuant to Article 246 § 2 EGBGB in conjunction with § 1 para.1 and 2 EGBGB and our obligations pursuant to § 312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.

The return request or the return shipment must be addressed to:

Leha GmbH
Ladestraße 4
06636 Laucha

Tel.: +49 (0)34462/ 60594
Email: info@leha-web.de

Timely despatch of the goods or the request for return shall be sufficient to comply with the deadline. In any case, the return shipment shall be at our expense and risk.

b- Consequences of return

In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived must be surrendered. If you are unable to return the services received in full or in part or only in a deteriorated condition, you may have to compensate us for the value. This does not apply if the deterioration of the goods is solely due to their inspection - as would have been possible in a shop, for example. In addition, you can avoid the obligation to pay compensation by not using the goods as an owner and refraining from doing anything that could impair their value.

Status Laucha, 06/08/2024