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General terms and conditions for purchasing products listed on http://www.1001lights.com/en-us/
§ 1 General terms, applicability of terms and conditions
1.1 All deliveries and services of the K-meral GmbH & Co. KG, Sachsenweg 9, Hambau / Öko-Zentrum NRW / Halle 4, D-59073 Hamm, telephone: +49 (0) 2381 - 905 9340, fax: +49 2381 9059310, e-mail: firstname.lastname@example.org, shareholder authorised to represent: Ralf Kolterjahn (general partner), registration court: district court of Hamm, registration number: HRA 3252, VAT identification number according to Art. 27 a of the German VAT Act (UStG): DE 241 718 917 - hereinafter called "trader" - induced by orders via telephone, fax or via the internet (onlineshop, e-mail) occur exclusively on the basis of the following general terms and conditions - hereinafter called "GTC" - valid at the time of placing the order. Unless explicitly agreed otherwise in writing, divergent terms and conditions do not apply.
1.2 Customers as understood by these terms and conditions are both consumers and entrepreneurs - hereinafter called "customer". Consumers in terms of these GTC are natural persons who conclude contracts for a purpose not attributable to their commercial or their professional activities. Entrepreneurs as understood by these terms and conditions are natural persons, legal entities or partnerships with legal capacity who act in order to carry out commercial or independent professional activities at the conclusion of a contract with the trader.
1.3 These terms and conditions shall apply accordingly for purchasing vouchers unless a divergent agreement is explicitly made.
§ 2 Conclusion of contract
2.1 If you wish to place an order, you may do so
• directly online via our shop on http://www.1001lights.com/en-us/,
• viatelephone number +49 (0) 2381 - 905 9340,
• by fax to number + 49 2381 9059310,
• via e-mail at email@example.com,
• or by sending a letter to postal address K-meral GmbH & Co. KG, Sachsenweg 9, Hambau / Öko-Zentrum NRW / Halle 4, D-59073 Hamm
2.2 Your order represents a binding offer for us to conclude a contract with you. We will accept your offer by sending you an order confirmation via e-mail within 48 hours upon receipt of your order. We will send you this order confirmation by postal mail if you placed your order via letter. A valid contract is achieved once you have received the order confirmation from our company.
2.3 The following applies for orders via our online shop: Once you have found the desired product, you may take a closer look at it without obligation by clicking the product name or the image of the product. By pressing the button [Add to shopping cart] you may add the product to your shopping cart. You can view the content of your shopping cart at any time by clicking the [Shopping cart] icon without any obligation to purchase. There, you can remove individual items from the shopping cart by clicking onto the [Remove] checkbox to be found at the left side of the product image or by entering  into the [Quantity] box. You may enter the amount of the products desired in the [Qty.] box. This page then refreshes automatically and shows the new amount of products added. If you wish to buy the products within your shopping cart, please click the [Checkout] button to be found at the bottom of the shopping cart site.
The further procedure for online orders comprises six steps. Please choose whether a new customer account shall be created for you or whether you are already an existing customer. If you already have an account, please sign in as [Returning customer] using your e-mail address as well as your password. The second step is to enter your personal data at [invoice data] and at the third stage, you may add information on a different delivery address if necessary. The fourth step is called [Mode of dispatch] and here you may choose your desired mode of dispatch. The fifth step [Payment information] shows the types of payment accepted by us. Our sixth stage [Order summary] displays an overview of your order data so that you may review the details. By clicking the shopping cart icon you will get back to your shopping cart where you may delete articles or change the quantity of products added. You have the opportunity to correct any input errors by using the "Back" button in your browser to return to the previous page or by cancelling the order process and starting again from the beginning. In order to finally submit your offer to purchase, you need to press the [Buy now] button. Thus, your order is transmitted to us. Thereafter you will receive a separate order confirmation. The contract is only concluded by this order confirmation.
2.4 With respect to orders via our online shop, the contract is concluded with: K-meral GmbH & Co. KG, Sachsenweg 9, Hambau / Öko-Zentrum NRW / Halle 4, D - 59073 Hamm, telephone: +49 (0) 2381 - 905 9340, fax: +49 2381 9059310,e-mail: firstname.lastname@example.org, shareholder authorised to represent: Ralf Kolterjahn (general partner), registration court: district court of Hamm, registration number: HRA 3252, VAT identification number according to Art. 27 a of the German VAT Act (UStG): DE 241 718 917.
§ 3 Saving of the contract wording
We store your order as well as the data given by you in the process of placing your order. We send you an order confirmation via e-mail including all data of your order and the GTC. You have the possibility of printing both the order and the terms and conditions prior to sending your order to us. You have permanent access to the orders placed by you via your customer account.
§ 4 Revocation instructions & withdrawal form
A consumer is every natural person who enters into a legal transaction for a purpose that is mainly neither attributable to the person's commercial nor their professional activities. If you are a contractor according to Art. 14 of the German Civil Code (BGB) and act in the course of your commercial or independent activity at the time of concluding the contract, the right of revocation does not apply.
Right of revocation
You have the right to revoke the contract within fourteen days without giving any reasons. The period for revocation is fourteen days and shall begin from the day on which you or a third party nominated by you other than the carrier acquires the material possession of the last goods. In order to exercise your right of revocation, you need to inform us (K-meral GmbH & Co. KG, Sachsenweg 9, Hambau / Öko-Zentrum NRW / Halle 4, D-59073 Hamm, telephone: +49 (0) 2381 - 905 9340, fax: +49 2381 9059310, e-mail: email@example.com)about your decision to revoke this contract by means of an unequivocal statement for example via a letter sent by postal mail, via fax or via e-mail. For this purpose, you may use the model withdrawal form attached which is, however, not compulsory. The timely dispatch of the statement about the exercise of the right of revocation before the expiry of the time limit shall be deemed sufficient for compliance with the revocation term.
Consequences of revocation
If you revoke this contract, we shall repay all payments that we received from you including delivery expenses to you (with the exception of additional costs resulting from a type of delivery chosen by you different from the economical standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received your statement about the revocation of the contract. We use the same means of payment for this repayment that you used for the initial transaction unless explicitly agreed otherwise. In no event shall you be charged any fees because of this repayment. We may refuse the repayment until we received the goods back or until you provided evidence that you returned the goods, whichever the earlier. You have to return the goods to us without delay and in any case at the latest within fourteen days from the day on which you informed us about the revocation of this contract. The time limit shall be deemed if you dispatch the goods in sufficient time before the expiry of fourteen days. Please note that you bear the direct cost of returning the goods. The direct cost of returning with respect to those goods that cannot be returned conventionally by post by reason of their nature (shipping goods) are estimated to be a maximum of approximately EUR 95,00 for every such product. You shall only be liable for any diminished value of the goods if this depreciation is resulting from a handling other than what is necessary to ascertain the nature, quality and functioning of the goods. Excluded is the assembling and installing of lights on walls and ceilings. This goes beyond the examination of the features and functionality and can lead to performance of compensation.
Exclusion of the right of revocation
The right of revocation does not apply on contracts for the supply of goods which are not prefabricated and for the production of which an individualised choice or purpose of the consumer is the main reason or for those products that have evidently been made according to the personal requirements of the consumer.
The right of revocation does also not apply:
For consumers who at the date of concluding the contract are habitually resident within a country that is neither part of the EU nor of the EEA the German law will be applicable excluding both the UN Convention on Contracts for the International Sale of Goods (CISG) and the German consumer protection law.
If you wish to revoke the contract, please fill in this form and send it backK-meral GmbH & Co. KG
Hambau / Öko-Zentrum NRW / Halle 4
t: +49 (0) 2381 - 905 9340 (english or french) or +49 2381 9059320 (german)
f: +49 2381 9059310
K-meral GmbH & Co. KG, Sachsenweg 9, Hambau / Öko-Zentrum NRW / Halle 4, D-59073 Hamm.
§ 5 Prices and shipping costs
5.1 All prices stated are final prices. Consequently, they contain all price components including the statutory German VAT. Any eventual additional delivery and shipping costs are displayed at http://www.1001lights.com/en-us/shipping.
5.2 We grant you discount off the regular price with some of our goods. Existence as well as size of the discount can be taken from the respective description of the article.
The discount is deducted from the regular price within the process of ordering.
5.3 Customers collecting their own goods are not charged any packing costs. If the customer chooses to collect their goods, we will inform them initially by e-mail that the ordered goods are ready for collection. After that the customer may collect their goods on an arranged date at the following address:
§ 6 Delivery and shipping terms
6.1 With the exception of a collection by the customer, products shall be dispatched and delivered to the delivery address as indicated by the customer within the scope of ordering. Within Germany, we deliver with DHL, UPS or another provider of our choice.
6.2 The goods will be dispatched within three working days after receipt of payment, unless otherwise stated in the offer.
§ 7 Terms of payment
7.1 Payment may be made by cash in advance, sofortüberweisung, direct debit, PayPal, credit card, cash on delivery or cash in case of a collection by the customer. Moreover, it is possible to pay with vouchers issued by the trader either partially or completely. We reserve the right to exclude certain types of payment. We reserve the right to check or change the chosen type of payment for new customers. We shall immediately inform you in case of any changes and we will propose alternative payment methods to you. In that case we can only execute the requested delivery after acceptance of the suggested payment method. The above restrictions shall not apply for vouchers.
7.2.1 If you choose the cash in advance method, we will give you our bank details in the order confirmation. The amount invoiced is to be transferred onto our account within 5 days.
7.2.2 The customer may choose the "sofortüberweisung" of the SOFORT AG, Fußbeergstr. 1 in D-82131 Gauting as payment method if they have an account activated for online banking with PIN/TAN method. Please note that the payment method "sofortüberweisung" is not available with some banks. In the case of using the "sofortüberweisung" service we will immediately receive the credit transfer which accelerates the order handling as the dispatch takes place after receipt of payment. The customer needs their account number, their bank identification number, PIN and TAN for the "sofortüberweisung" payment method. Using the secure SOFORT AG money transfer form, automatically triggers a credit transfer in real time to the online bank account of the customer. www.sofort.com automatically triggers a credit transfer in real time to the online bank account of the customer. The purchase amount will be transferred to our bank account immediately and directly. This service is free of charge for the customer. However, the customer's bank may charge fees where appropriate.
7.2.4 For the payment method cash on delivery there are no additional charges for shipment within Germany. A cash on delivery dispatch into other countries is not possible.
7.2.5 If payment via credit card is chosen, the invoice amount will be debited against the credit card of the customer when the order is placed by the customer. The dispatch of the products will be executed after the receipt of payment in our booking system for electronic payment methods in accordance with the regulations has been noticed and checked. The customer has to provide for a sufficient coverage on the given account. The customer shall bear the costs resulting from a chargeback of the transaction for lack of funds or those costs which arise as a result of data concerning the bank details transmitted incorrectly by the customer.
7.2.6 If the consumer collects the goods, the purchase price is to be paid in cash upon the handing over of the goods.
7.2.7 If direct debit is choosen as payment method, the invoice amount will be due immediately on the conclusion of the contract. The customer gives us the revocable authorisation for deducting the amount invoiced from the account designated within the order. The customer shall bear the costs arising from the chargeback of the respective credit institution if the account is not sufficiently covered or if the invoiced amount cannot be honoured due to incorrect bank details or if the customer withdraws from the debit without being entitled to do so if responsible.
7.3 The purchase price can be paid partly or wholly using vouchers issued by the trader. The encashment of vouchers is irrevocable. A disbursement of voucher values is not possible including residual values. In the case of exercising the right of return/right of revocation by the customer the voucher value shall not be reimbursed in cash. Instead, a credit for future purchases via our online shop will be given.
7.4 For deliveries to countries outside the EU there may be additional costs for which the trader is not responsible. The customer shall bear these. These include inter alia the costs for money transfer by credit institutes e.g. transfer fees or import fees/taxes e.g. customes duties.
7.5 If you are a consumer and fall into payment default, the purchase price will be subject to interest totalling the amount of 5 per cent above the base interest rate for the duration of the default. If you are not acting as a consumer, the interest rate is 8 per cent above the base interest rate for the time of the delay. We reserve the right to verify and assert higher default damage.
§ 8 Warranty
8.1 If you are a customer and place the order from the trader for a purpose not attributable to your commercial or professional activities, the statutory warranty rights shall apply for our goods.
8.2 If you are acting as entrepreneur ordering goods from the trader, the following applies:
8.2.1 Delivered goods are to be inspected by the customer immediately upon receipt, insofar as this is practicable in the normal course of business. If any defect is discovered, we must be notified without delay by the customer. If the customer fails to send such a notification, the goods are deemed approved unless it was a defect that could not be detected during the check. Should such a defect appear at a later point of time, the notification must be made immediately after its discovery otherwise the product shall be deemed to have been accepted even considering the defect. Art. 377 German Commercial Code (HGB) remains unaffected. Even in the event of recourse by the entrepreneur according to Art. 478 of the German Civil Code (BGB), the customer is not absolved from inspection liability. If he fails to inform us about the defect in these cases enforced by his customer, the goods shall be deemed to have been accepted even in view of this defect.
8.2.2 As far as a defect does exist, we shall be entitled to determine the type of supplementary performance under consideration of the type of the fault and the entitled interests of the customer. A supplementary performance shall be deemed to have failed after the third unsuccessful attempt under these contracts. This number is not valid in the case of recourse according to Art. 478 of the German Civil Code (BGB).
8.2.3 In the event of supplementary performance for defects we shall only be liable to bear the necessary costs, in particular transport, route, labour and material costs to the extent that they are not increased by the article having been transferred to a place other than that in which the customer's domicile or commercial establishment is located where the products were delivered to. This is not valid in the case of recourse according to Art. 478 of the German Civil Code (BGB).
8.2.4 The claims for defects of the customer including claims for damages shall expire after one year. This shall not apply in the case of recourse according to Art. 478 of the German Civil Code (BGB) and furthermore, this does not apply in the case of Art. 438 Para. 1 No. 2 of the German Civil Code and Art. 634a Para. 1 No. 2 of the German Civil Code (BGB). Furthermore, the foregoing shall not apply to damage claims in connection with an injury of life, body or health or due to a grossly negligent or intentional violation of contractual obligations by us or our agents. In the case of Art. 438 Para. No. 2B of the German Civil Code (BGB) (items for buildings) the claims for defects of the contracting party shall fall under the statue of limitations after 2 years. The sale of used goods shall exclude claims for defects.
§ 9 Liability for compensation and reimbursement of expenses
9.1 If you are a consumer and the order is placed for a purpose not attributable to your commercial or your professional activities, we shall be deemed liable for damages in accordance with the legal provisions.
9.2 If you are an entrepreneur placing your order at the trader, the following will apply in the case of our contractual liability for damages according to clauses 9.2 up to 9.8:
9.2.1 Provided that the claims are due to an intentional violation of obligations by us, our representatives or our agents, we shall be deemed liable for damages according to the legal provisions. If the claims are dependent on a grossly negligent violation of obligations by us, our representatives or our agents, the liability shall be limited to the reimbursement of the foreseeable, typical occurring damages.
9.2.2 Provided that we or our representatives or agents culpably breach an obligation whose fulfilment enables the proper implementation of the contract, the violation of which endangers the achievement of the purpose of the contract and on whose fulfilment the customer ordinarily relies, our liability shall be limited to the reimbursement of the foreseeable, typical occurring damages if there is no liability case according to legal regulations within the meaning of clause 9.1.
9.2.3 Unless otherwise specified in clauses 9.2.1 and 9.2.2, our liability for claims for compensation is excluded. The same applies as far as rights of recourse according to Art. 478 of the German Civil Code (BGB) are asserted against us as supplier.
9.3 The exclusions and limitations of liability as specified in clause 9.2 shall also apply for other claims, particularly actions in tort or claims for reimbursement of futile expenses in lieu of performance.
9.4 The exclusions and limitations of liability as specified in clause 9.2 shall not apply for any existing claims where appropriate in accordance to Art. 1,4 of the German Product Liability Act or for culpable breach of life, body or health. These exclusions and limitations shall also not apply to the extent that we have given a warranty for the quality of our goods or a performance-related success or assumed a risk of procurement and an event making the warranty operative has occurred or the risk of procurement has been realised.
9.5 Liability from the assumption of a risk of procurement shall only apply to us if we have expressly assumed the risk of procurement in writing.
9.6 Our liability shall be limited to the compensation of the insurance, provided that the limitation of liability according to clause 9.2 in the case of claims arising from the manufacturer's liability according to Art. 823 of the German Civil Code (BGB) is not applicable. If the insurance does not cover or does not fully cover, we shall be obligated to accept liability up to the amount insured. This clause shall not apply for culpable breach of life, body or health.
9.7 In the event that our liability should be excluded or limited, the same shall also apply to the personal liability of our employees, workers, personnel, representatives and agents.
9.8 A reversal of the burden of proof is not associated with the aforementioned provisions.
§ 10 Retention of title; Set-off, right of retention
10.1 For consumers, we reserve proprietary rights to the purchase item until complete payment of the invoiced amount. If you are an entrepreneur in exercise of your commercial or your independent professional activity, a legal entity under public law or a special fund under public law, we shall reserve proprietary rights to the purchase item until settlement of all outstanding claims from the business relationship with the purchaser. The appropriate security interests may be transferred to third parties.
10.2 For entrepreneurs the following shall apply: The right to set off a claim is entitled to you only in case your counterclaims have been legally proved or are beyond dispute for us or have been accepted on our part. Furthermore, you only have a right of retention if and as far as your counterclaim is based on the same contractual relationship.
10.3 If the consumer is in arrears with us with regard to any payment obligations, all outstanding receivables shall immediately become due.
§ 11 Customer service
Should you have any questions, complaints or claims you may contact our customer service from Monday to Friday between 8.00am and 17.30pm using the telephone number +49 (0) 2381 - 905 9340and via e-mail to firstname.lastname@example.org.
§ 12 Data protection
Our data protection practice is based on the statutory provisions. Details on the collection and use of your personal data can be found in our data protection regulations. Your e-mail address and name will be passed on to eKomi Ltd. in Berlin and Semado UG in Essen, who will conduct a survey on our behalf to determine your satisfaction with our service by e-mail. You have the right to revoke the disclosure of your data to eKomi Ltd, Berlin and Semado UG in Germany.
Hambau / Öko-Zentrum NRW / Halle 4
t: +49 (0) 2381 - 905 9340 (english or french) or +49 2381 9059320 (german)
f: +49 2381 9059310
available Monday - Friday from 8.00am to 17.30pm.
§ 13 Legal order, jurisdiction
13.1 For consumers as well as for other persons with their domicile or habitual place of residence in a member state of the European Union (EU) or one of the European Economic Area (EEA) at the time of contract conclusion, the German law shall be applicable with the exclusion of the CISG.
13.2 For consumers who, at the time of contract conclusion, have their habitual place of residence in a state belonging neither to the EU nor to the EEA, the German law shall be applicable with the exclusion of the CISG and the German law on Consumer Protection.
13.3 For any consumer, this choice of law applies only to the extent that the protection granted by the mandatory statutory provisions of the law of the country in which the consumer has his/her habitual residence at the time of contract conclusion is not withdrawn.
13.4 Place of fulfilment for all performances derived from the business relations with the trader is Hamm if the person ordering is a merchant, a legal person under public law or a special fund under public law.
13.5 The place of venue is Hamm in Germany for all disputes resulting from this contractual relationship if the person ordering is a merchant, a legal person under public law or a special fund under public law.
§ 14 Miscellaneous
14.1 The contractual language shall be German.
14.2 Should one or more provisions of the present General Terms and Conditions become invalid, then the contract as for the rest shall remain valid. As far as the provisions are invalid, the content of the contract shall be governed in accordance with the legal provisions.