General Terms & Conditions

I. General terms and conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (Lagerwerk GmbH, Heilbronner Strasse 22, 01189 Dresden, Germany) via the internet site https://www.lagerwerk.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) We only offer our goods for sale if you are a natural or legal person or a legal legal private company in the exercise of your commercial or independent professional activity when concluding the legal transaction (entrepreneur). The conclusion of a purchase contract with consumers is excluded.

(3) If a consumer or non-merchant nevertheless makes use of the offer of LAGERWERK GmbH and if a contract is thereby concluded with legal effect, the customer shall indemnify LAGERWERK GmbH against all expenses incurred in the reversal of the contract.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products. The key features of the goods can be found in the respective offer.

(2) Already by placing the respective product on our website, we provide you with a binding offer to conclude a contract via the online shopping basket system on the terms and conditions stated in the item description.

(3) The purchase agreement takes place via the online shopping basket system as follows: The products intended for purchase are placed in the "shopping basket". You can select the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering the personal data as well as the payment and shipping conditions, the order data is finally displayed to you again as an order overview. 

If you choose an instant payment system as your method of payment (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Credit card (Adyen)), you will either be guided to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, choose the appropriate option or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before submitting the order, you can re-check all the data in the order overview, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the order. By clicking the appropriate button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Furthermore, you can submit a binding offer of contract (order) by telephone, by e-mail, by fax or by post. The acceptance of the offer (and therefore conclusion of the contract) takes place immediately in the case of an order by telephone or at the latest within 5 days by means of a confirmation in text form (e.g. e-mail) in which the execution of the order or delivery of the product is confirmed to you (order confirmation). If you have not received a corresponding message within this period, you are no longer bound to your order. In this case, any services already provided will be refunded immediately. 

(5) Your requests for the preparation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(6) The processing of the order and transmission of all information necessitated in connection with the conclusion of the contract is partially automated by e-mail. Consequently, you have to ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not blocked by SPAM filters.

§ 3 Prices, payment terms and shipping costs

(1) The prices stated in the respective offers as well as the shipping costs represent net prices. They do not include the statutory value added tax (VAT).

(2) The dispatch expenses incurred are not included in the purchase price, they are charged separately, unless delivery free of dispatch expenses has been promised. Further details can be found under a correspondingly designated button on our website or in the relevant offer.

(3) The payment options are displayed using a correspondingly designated button on our website or in the respective offer. Insofar as no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permissible if expressly stated in the respective offer or invoice.

(4) Special agreements related to payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", 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; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "PayPal" at  https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 4 Delivery conditions

(1) The expected delivery date is stated in the respective offer. Delivery dates and time of delivery are only binding if they have been confirmed by us in writing. If payment is made in advance by bank wire transfer, the goods will not be dispatched until we have received the full purchase price and the shipping costs.

(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the case of withdrawal, any payments already made will be refunded immediately.

(3) The shipment shall take place at your risk. If you wish, the goods will be shipped with appropriate transport insurance, in which case you will be responsible for the costs arising from this.

(4) Partial deliveries are permissible and can be independently invoiced by us, provided that this does not incur additional shipping costs for you.

(5) If there is a VAT-exempt delivery pursuant to §§ 4 no. 1 lit. b) in connection with § 6 a UStG (Value Added Tax Act) or an intra-community triangular transaction pursuant to § 25 b UStG, the customer is required to sign a Certificate of Entry § 6 a UStG or an intra-community triangular transaction according to § 25 b UStG, the customer is required to sign and return a Certificate of Entry in the sense of § 17a paragraph 2 UStDV (Turnover Tax Implementing Ordinance). The return of the Certificate of Entry to LAGERWERK GmbH has to be done immediately after the handing over of the object of purchase by the company or a third party commissioned by it. If the customer fails to meet its obligation, the value added tax will be charged subsequently. The property of the object of purchase remains reserved until receipt of the Certificate of Entry or until payment of the recalculated value added tax. The same shall also apply if the customer chooses the carrier.

§ 5 Warranty

(1) The warranty period lasts for 60 days from the delivery of the goods. The 60-day warranty period does not apply:

- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in case of statutory rights of recourse which you have against us in connection with defect rights, in accordance with §§ 478, 479 of the German Civil Code (BGB).

(2) In terms of the quality of the goods, only our own information and the product description of the manufacturer are deemed to have been agreed, and not other advertising, public promotions and statements made by the manufacturer..

(3) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects in text form (e.g. e-mail) within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims shall be excluded in the event of a breach of the duty to inspect and give notice of defects.

(4) In case of defects, we will provide warranty at our discretion by rectification of the defect, subsequent delivery or replacement delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In case of rectification of defects, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

§ 6 Right of retention, retention of title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contract.

(2) The goods shall remain our property until all claims arising from the current business contract have been settled completely. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted.

(3) You may resell the goods in the proper course of business. In this case you already now assign to us all claims in the amount of the invoice amount which arise for you from the resale, we accept the assignment. You are further authorised to collect the claim. Insofar as you do not properly fulfil your payment obligations, we reserve the right, however, to collect the claim ourselves.

(4) In case of connecting and blending the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

(5) We are obliged to release the securities to which you are entitled on your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.

§ 7 Liability

(1) We shall be liable in each case without restriction for damages arising from injury to life, limb or health. Furthermore, we shall be liable without restriction in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in case of the assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.

(2) The liability of defects within the scope of the implied warranty complies with the corresponding regulation in our Customer Information (Part II) and General Terms and Conditions (Part I).

(3) Insofar as essential contractual obligations are affected, our liability in the event of slight negligence shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are material obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which you may regularly rely on.

(4) In case of violation of inessential contractual obligations, liability is excluded in case of slightly negligent breaches of duty.

(5) State of the art data communication via the internet cannot be guaranteed to be error-free and/or available at any time. We shall not be responsible for the constant or uninterrupted availability of the website and all services offered there.

§ 8 Choice of law, place of fulfilment, place of jurisdiction

(1) The German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).

(2) The place of fulfilment for all services arising from the business contacts existing with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

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II. Customer information

1. Identity of the seller

Lagerwerk GmbH
Heilbronner Strasse 22
01189 Dresden
Germany
phone: +49 351 454 125 33
e-mail: mail@lagerwerk.com

Alternative Dispute Resolution:
The European Commission provides a platform for the out-of-court settlement of disputes online (ODR platform), which can be accessed at https://ec.europa.eu/odr.

2. Information regarding the conclusion of the contract

The technical steps for forming the contract and the formation of the contract, as well as the scope for correction are carried out as per the stipulation of § 2 of our General Terms and Conditions (part 1).

3. Contractual language, saving the text of the contract

3.1. Contract language shall be English.

3.2. The entire contract wording will not be saved by us. Before the order is submitted via the online shopping basket system, the contract information can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order information, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail. 

3.3. In case of quotation requests outside the online shopping basket system, you will receive all contract information as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Statutory warranty right

The liability for defects associated with our goods is geared towards the ‘Warranty’ provition of our General Terms and Conditions (part 1).

These terms and conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/en/services/legal-texts.

last update: 29.11.2022

Managing directors authorised to represent: Maik Wehner, Falk Wehner
Register court: Local Court Dresden / Register number: HRB 35979