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General Terms and Conditions

LAN-networks.com Shop
Lanconnect GmbH
Brabanter Str. 23
53919 Weilerswist
Germany

 

1. General Provisions, Scope of Application

a) The following General Terms and Conditions regulate the contractual relations between Lanconnect GmbH / LAN-networks.com  and companies that use the onlineshop of Lanconnect GmbH / LAN-networks.com. Any other agreements are valid only, if confirmed in written form by Lanconnect GmbH / LAN-networks.com.

b) Orders become valid with an order confirmation in written form by Lanconnect GmbH / LAN-networks.com  

c) For the purposes of this contract, the term “company” is defined as every natural person and legal entity or partnership with legal capacity entering into business relations with Lanconnect GmbH / LAN-networks.com during the exercise of their commercial or independent professional activities.

d) Lanconnect GmbH / LAN-networks.com internet offers are directed to companies only.

 

2. Delivery

a) Delivery shall be effected by shipment of the purchase object to the address stipulated by the Customer.

b) Delivery shall be effected against payment of the packaging and shipping costs stipulated in the internet shop under “Customer Information” at the time the order is placed. Should the Customer desire a specific type of shipment which leads to higher costs, or should the Customer wish partial or advance deliveries, he/she shall be obligated to bear the additional costs as well.

c) Information on shipping times are only binding if confirmed by us in writing as binding. Delays in delivery due to force majeure, war, lack of materials, labor disputes or other circumstances beyond our control automatically extend the time of delivery beyond the end of these circumstances plus a reasonable period.

d) The risk of accidental loss or accidental deterioration of the purchase object shall pass to the Customer as soon as Lanconnect GmbH / LAN-networks.com has handed the goods over to the forwarder, carrier or any person or entity designated to effect shipment.

e) Deviations of 5% in lengths of installation cables and 2% in assembled patchcords are legally permissible.

 

3. Payment

a) Our invoices have to be paid within 14 days from billing date, if the customer was checked successfully. Payment can be done by payment in advance through bank transfer, PayPal or on account.. We reserve the right to exclude certain ways of payment or accept other ways of payment in individual cases

b) If payment is done in advance, the Customer undertakes to pay the purchase price immediately after the conclusion of the contract.

c) Should the Customer be in default of payment, he/she shall be responsible for any negligence during the period of default. With regard to the performance of his/her obligations, he/she shall also be liable for incidental damages, unless such damages would also have been incurred had performance been effected in a timely manner.

d) Interest shall be due on the purchase price for the time of default. Default interest per annum shall be eight percentage points above the basic interest rate.

e) Enforcement of other damages shall not be excluded.


4. Reservation of Title

a) The purchase object shall remain the property of Lanconnect GmbH / LAN-networks.com up until the time complete payment has been effected. Prior to the transfer of title, the object may not be pledged, transferred by way of security, processed or remodelled without Lanconnect GmbH / LAN-networks.com expressed consent.


5. Warranty

a) Lanconnect GmbH / LAN-networks.com warrants that the purchase object is free of defects at the time it is handed over.

b) The Customer is obligated to immediately examine the delivered goods with regard to deviations in quality and quantity, and to notify Lanconnect GmbH / LAN-networks.com immediately of any recognisable defects; in case of a failure to do so, warranty claims cannot be asserted. Lanconnect GmbH / LAN-networks.com must be informed of hidden defects as soon as they are discovered. In such cases, the Customer shall bear the complete burden of proof for all facts on which the claim is based, in particular for the defect itself, for the time of detection of the defect and for the timeliness of the notification of the defect.

c) In cases of defects, Lanconnect GmbH / LAN-networks.com shall, at its discretion, either provide subsequent rectification or a replacement delivery.

d) The Customer’s claims based on defects shall become time-barred after one year. This period of limitation shall not apply for claims for damages.

e) Should Lanconnect GmbH / LAN-networks.com deliver a non-defective purchase object for purposes of subsequent performance, Lanconnect GmbH / LAN-networks.com shall be entitled to request that the Customer return the defective purchase object.

f) Any damages incurred due to improper measures or measures not conforming with the contract, carried out by the customer during installation, connection, operation or storage, shall not lead to claims against Lanconnect GmbH / LAN-networks.com.

 

6. Conclusion of the Contract

a) The offers provided by Lanconnect GmbH / LAN-networks.com on the internet / online shop present a non-binding request to the Customer to order goods from Lanconnect GmbH / LAN-networks.com.

b) By placing an order for the desired purchase object on the internet / online shop, the Customer issues a binding offer for the conclusion of a purchase contract.

c) Lanconnect GmbH / LAN-networks.com shall have the right to accept this offer within 7 days. Acceptance shall be effected by sending an order confirmation in written form by e-mail or by delivery of the goods. After fruitless expiry of the period stipulated in sentence 1, the offer shall be deemed to have been rejected. If a confirmation of receipt of an offer is sent, this shall not be regarded as an acceptance of such offer.


7.  Restriction of Liability

a) Unless damage is incurred due to the violation of life, body or health, Lanconnect GmbH / LAN-networks.com shall only be liable in as far as such damage is caused by intentional or grossly negligent conduct, or by the culpable violation of an essential contractual obligation by Lanconnect GmbH / LAN-networks.com or its vicarious agents. An obligation shall be deemed to be essential for the contract if its fulfilment is what enables the proper execution of the contract, and if the Customer may generally rely on it being adhered to. Any further liability for damages shall be excluded. This shall not affect any claims based on a guarantee provided by Lanconnect GmbH / LAN-networks.com with regard to the characteristics of the purchase object, nor claims under the Produkthaftungsgesetz (German Product Liability Act).

b). State-of-the-art technology cannot guarantee that data communication will be error-free and/or available at all times. Therefore, we shall not be liable for our internet shop being available at all times.


8. Place of Jurisdiction

a) All disputes arising from this legal relationship shall be governed by the laws of the Federal Republic of Germany. The application of UN sales law is excluded. The exclusive place of jurisdiction for all disputes under this contract shall be Euskirchen.


9. Final Provisions

Should one of the provisions in these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the remaining provisions in these General Terms and Conditions, unless one of the contracting parties would be unreasonably discriminated by the omission of individual provisions so that it can no longer be expected to adhere to the contract.

 

30.01.2015