RULES AND REGULATIONS
GENERAL TERMS AND CONDITIONS OF DELIVERY AND SALE OF THE L’IMAGE COMPANY
1. Scope of application
1.1. The following General Terms and Conditions (hereinafter referred to as "GTC") are an integral part of any contract between us (L'IMAGE GmbH, Salurner Str.2, 86356 Neusäß, email firstname.lastname@example.org) and you as our customer (hereinafter also referred to as "customer"). Our GTC apply to legal transactions between companies/commercial customers (hereinafter referred to as "companies") pursuant to section 14 (1) German Civil Code (Bürgerliches Gesetzbuch (BGB)) or consumers pursuant to section 13 German Civil Code (BGB) and ourselves.
1.2. A consumer is any natural person pursuant to section 13 German Civil Code (BGB) who enters into a legal transaction for purposes that can be primarily attributed neither to their commercial nor to their independent professional activity. Pursuant to section 14 para. 1 German Civil Code (BGB), an entrepreneur is any natural or legal person or a legal partnership who/that, on conclusion of a legal transaction, does so in their commercial or professional capacity.
1.3. We provide our services and deliveries exclusively on the basis of these GTC in their currently valid version. Conflicting general terms and conditions of the customer, in particular general terms and conditions of purchase or similar, shall only apply if we expressly confirm their validity. This shall also apply insofar as deviations from individual provisions of these GTC are to be agreed.
2. Subject of the contract
The subject of the contract is in each case the product ordered by you or configured according to your special wishes with the features and dimensions of our product description. Illustrations on our website and in our catalogs serve as general product information in purely pictorial form and do not claim to be complete or correct.
3. Offers / Product presentation / Conclusion of the contract
3.1. Our product presentations are always subject to change and are non-binding.
a. Conclusion of contract via our online store
When ordering in our online store, you as a customer declare bindingly to us by clicking the "buy" button that you accept these GTC as an integral part of the contract and want to purchase the contents of the shopping cart. The confirmation of receipt of your order by us is made by an immediately automated email sent to you, but this is not yet an order acceptance and therefore does not constitute a purchase contract. The contract between you and us is concluded upon receipt by you of our order confirmation sent by email or upon delivery of the goods to you. You will receive an order confirmation sent by email no later than three (3) business days (Mon. to Fri. except holidays in Bavaria and Augsburg and not on Dec. 24 or Dec. 31) after we have received your order. If the contract is concluded by delivery of goods, the goods shall be delivered to you within the delivery periods specified in clause 6.1. of these GTC.
b. Conclusion of the contract by email, telephone, mail, fax (hereinafter "other means of remote communication") and for orders placed outside our of business premises.
When concluding a contract by other means of remote communication and when ordering outside of our business premises, please provide your personal data including email address and fax number - if available - along with the ordered goods. With the transmission of the order by means of remote communication, with the statement on the phone or otherwise outside the store, you are placing a binding order, under inclusion of our terms and conditions, for conclusion with the listed or verbally named goods. The contract between you and us shall be concluded either upon receipt by you of our order confirmation, or, in the case of orders placed by telephone, upon acceptance of the order by telephone in individual cases, or upon delivery of the goods to you. You will receive an order confirmation sent by email no later than three (3) business days (Mon. to Fri. except holidays in Bavaria and Augsburg and not on Dec. 24 or Dec. 31) and no more than five (5) business days after we have received your order. If the contract is concluded by delivery of goods, the goods shall be delivered to you within the delivery periods specified in clause 6.1. of these GTC.
c. You are bound to your orders for as long as a contract could be concluded by delivery of goods (see table "Delivery times" https://www.limage.de/en/shipping).
4. Customer obligations of information
4.1. Your personal information must be truthful. If your data changes during the term/processing of the contract, you are obliged to inform us of these changes immediately. If you fail to do so or if you provide us with incorrect data from the outset, we shall be entitled to withdraw from the concluded contract free of charge. We are entitled to charge you for costs incurred due to misdirection of the goods due to incomplete or incorrect address information.
4.2. As our contractual partner, you must ensure that the email account, fax number or telephone number you have provided can be reached. You must ensure that receipt of emails is not precluded due to forwarding, shutdown, or an over-full inbox on the email account.
5. Right of cancellation for consumers / exclusion of the right of cancellation
5.1. Consumers have a 14-day right of cancellation in accordance with the following regulations:
Click here for the Cancellation policy
In order to exercise your right of cancellation, you must contact us, L’IMAGE GmbH, Salurner Str.2, 86356 Neusäß, tel.no. 0049821/4559700, Fax 004982145597022, email email@example.com) and make a clear declaration in writing (e.g., a letter sent by email, fax, or email) stating your decision to cancel this contract. You can use the attached sample cancellation form for this, but it is not mandatory.
To comply with the cancellation deadline, it is sufficient for you to send the notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you choose to cancel this contract, we will refund all payments we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a method of shipping different from the most cost-efficient standard delivery offered by us), no later than 14 days from the date on which we have received the notice of cancellation of this contract. The refund shall be issued with the same payment method which you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund.
We have the right to refuse a refund until we have received the goods back from you or until you have provided proof that you have returned the goods, whichever is earlier.
You must send back or hand over the goods to us without delay, no later than 14 days from the day on which you notified us about cancellation of this contract. The return has to be made exclusively to our postal address L'IMAGE GmbH, Salurner Str.2, 86356 Neusäß. The deadline is met if you send the goods back before the 14 day period has expired. You will bear the direct costs of returning the goods.
You must only pay for any loss in value of the goods if this loss in value is due to handling that is not necessary to check the condition, properties and functionality of the goods.
End of the cancellation policy
Sample cancellation formTo: L'IMAGE GmbH, Salurner Str.2, 86356 Neusäß, Germany, phone +49 (0)821 455 97 00 fax: +49 (0)821 455 97 00 / email: firstname.lastname@example.org
5.2. You have no right to cancel contracts
5.3. The cancellation right expires prematurely in case of contracts
5.4. The following regulations must be observed in the event of cancellation of orders:
5.5. Please note that the modalities mentioned in paragraph 5.4. are not a prerequisite for the effective exercise of the right of cancellation.
6. Terms of Delivery / Transfer of Risk / Quality Risk / Quality Guarantee / Self-Delivery / Force Majeure
6.1. When ordering from our online store, delivery times are detailed for each selected product. The reference on the product page to an estimated delivery time by a number of working days or weeks, always refers to a delivery within Germany and Austria. In the case of delivery of goods to a location outside Germany and Austria, the approximate additional days specified in the table "Delivery times" (https://www.limage.de/en/shipping) must be added to the delivery time for Germany and Austria.
6.2. For orders placed using other means of remote communication, the delivery times shown at that time for the relevant product in our online store shall apply for deliveries within Germany and, for deliveries to a location outside Germany, the delivery times listed in the "Delivery times" table (https://www.limage.de/en/shipping) shall apply. The times are calculated with the selected payment method "Prepayment" from the credit of the invoice amount. Otherwise, the delivery times are calculated in each case according to the receipt of your order by us.
6.3. Delivery shall be made from our warehouse to the delivery address specified by you, unless a deviation has been agreed in writing. If you wish to have the ordered goods shipped, this will be done at your expense. The choice of the shipping route and means is up to us. If the value of the goods exceeds €500, we insure the goods against transport damage at our expense. For legal transactions between you as a consumer and us, however, the risk of performance (e.g., in the event of damage, destruction, loss in transit) shall not pass to you until the goods are handed over or - if you are in default of acceptance of the goods - until the beginning of the default of acceptance, even without transport insurance in the event of shipment. For legal transactions with companies, the risk of performance shall pass to you as the purchaser as soon as the goods are handed over to the person designated for shipment (carrier). Delays in delivery to you are the sole responsibility of the carrier or you.
6.4. Partial deliveries are permissible and shall be deemed to be independent deliveries, provided that the partial delivery is usable for the customer within the scope of the contractual purpose and the delivery of the remaining ordered goods is ensured, unless a partial delivery is unreasonable for you as the customer. You will not be charged for any additional costs incurred due to partial delivery.
6.5. We shall only assume a quality risk in the event of a separate written agreement using the wording "L'IMAGE assumes the quality risk for ...". An obligation entered into by us to deliver an item that is only specified in terms of its type shall therefore not constitute either the assumption of a quality risk or a quality guarantee.
6.6. If, for reasons for which we are not responsible, we do not receive deliveries from our upstream supplier, or do not receive them correctly or on time, despite proper coverage, or if events of force majeure occur, i.e., impediments to performance through no fault of our own lasting more than 14 calendar days, we shall use our best efforts to notify you, the customer, without culpable delay in the event of a delay in delivery due to the occurrence of the delay in delivery or force majeure. In this case, we shall be entitled to postpone the performance of the service for the duration of the impediment and a reasonable start-up period or to withdraw from the contract in whole or in part on account of the part not yet performed, provided that we have complied with our obligation to provide information, have not assumed any procurement or manufacturer's risk and the impediment to performance is not merely of a temporary nature. As a customer, you then do not have to provide any services in return. Force majeure shall include strikes, lockouts, official interventions, shortages of energy and raw materials, transport bottlenecks through no fault of our own, operational hindrances through no fault of our own, e.g., due to fire, water and machine damage, as well as all other hindrances which, when viewed objectively, were not culpably caused by us.
6.7. If an agreed delivery time is exceeded by more than four weeks due to the aforementioned circumstances or if, in the case of a non-binding delivery time, adherence to the contract is objectively unreasonable for you as the customer, you shall be entitled to withdraw from the contract due to the part of the contract that has not yet been fulfilled. Further rights of you, in particular the assertion of claims for damages, are excluded.
7. Prices / Shipping costs / Terms of payment
7.1. The prices listed on our website https://www.limage.de/ or in our catalog at the time of the order apply. All prices are to be understood as end customer prices including the statutory value added tax at the time of the conclusion of the contract.
7.2. The listed price is due for payment upon conclusion of the contract. Payment for the goods shall be made by means of a payment method displayed and to be selected on our website (also during the ordering process) or in our catalog.
7.3. Shipping costs are detailed on the website, during the ordering process and in our catalog.
7.4. If you as a customer are in default with your payment obligation, we shall be entitled to charge interest on arrears at a rate of 5 percentage points above the applicable prime rate for consumers - 9 percentage points above the applicable prime rate for companies. In the event of non-payment, default of payment shall occur either without reminder 30 days after the due date and receipt of our invoice or on the day after the reminder has been sent. In addition, we may claim a lump sum for damages caused by delay in the amount of €40.00 against customers as entrepreneurs pursuant to section 288 para. 5 German Civil Code (BGB). The lump sum shall be credited against any damages owed to the extent that the damages consist of costs for legal prosecution such as, in particular, attorney's fees. This shall not affect our right to assert further claims for damages, in particular higher interest rates, additional costs and, vis-à-vis consumers, reminder fees in the amount of €2 per reminder. Bank charges incurred by us as a result of incorrect account details or unauthorized return transfers may be passed on to you as the customer by us, unless you are not responsible for the incorrect information. You are entitled to prove that we have incurred no or lower damages.
8. Retention of title
8.1. The goods remain our property until the purchase price has been paid in full. As a customer, you are obliged to treat the delivered goods with care.
8.2. In the event of any breach of contract by you as the customer, in particular in the event of non-payment of the purchase price due, we shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods (hereinafter also referred to as "reserved goods") on the basis of retention of title and the withdrawal. If you do not pay the purchase price, we may only assert these rights if we have previously set you a reasonable deadline for payment without success or if setting such a deadline is dispensable according to the statutory provisions.
8.3. If you have placed the order as a company, the following applies in addition:
9. Rights of set-off and retention
9.1. You shall only have the right to offset if your counterclaims have been legally established or acknowledged by us.
9.2. As a customer, you are entitled to exercise a right of retention insofar as the counterclaim on which you base your right of retention is undisputed, legally established or ready for decision and is based on the same contractual relationship. If there are impairing defects in the use of the subject matter of the contract, you are only entitled to temporarily withhold the contractually owed remuneration in accordance with the amount of the effort required to remedy the defect.
10. Remedial action
We shall remedy defects in accordance with the following provisions:
11.1. We shall be liable, irrespective of the legal grounds (e.g., breach of duty, tort) - subject to the provisions in clause 12 - for damages or reimbursement of futile expenses in accordance with the following provisions:
11.2. Liability for damage to life, body or health shall be governed by the statutory provisions. The provisions of the Product Liability Act remain unaffected.
11.3. As a customer, you are obliged - as far as possible - to notify us immediately in text form of any damage within the meaning of the above liability provisions or to have us record such damage so that we are informed as early as possible and can possibly mitigate the damage together with the aggrieved customer.
11.4. The previous limitations also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
12.1. For consumers as customers, the limitation period for claims to remedy defects in new goods and for any claims for damages shall be two years from delivery of the goods. For used goods, the limitation period is one year. If the customer is a company in the sense of section 14 German Civil Code (BGB), the limitation period for new goods is one year from delivery. The limitation period for recourse claims in the event of supplier recourse in accordance with sections 478, 479 German Civil Code (BGB) shall remain unaffected.
12.2. In the case of other claims of the customer arising from the contract as well as from a debt relationship (section 311 para. 2 German Civil Code (BGB)), a limitation period of one year from the statutory commencement of the limitation period shall apply. The claims shall become time-barred at the latest upon expiry of the statutory maximum periods (section 199 para. 3 and 4 German Civil Code (BGB)).
12.3. In the event of intent, gross negligence and a guarantee assumed in writing, the statutory limitation periods shall apply.
13. Applicable law / place of jurisdiction
13.1. These GTC and contracts concluded between you and us on the basis of these GTC shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you have concluded the contract as a consumer, the mandatory provisions of the legal system of the state in which you have your habitual residence shall remain unaffected.
14. Alternative dispute resolution pursuant to Art. 14 para. 1 ODR Regulation and section 36 Consumers’ Dispute Settlement Act (Verbraucherstreitbeilegungsgesetz (VSBG)):
The European Commission provides a platform for online dispute resolution (ODR), which you as a customer can find at https://ec.europa.eu/consumers/odr/. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.
15. Text form / Other regulations
15.1. Verbal subsidiary agreements, amendments or supplements to the purchase contract and the GTC must be made in text form to be effective. This also applies to this formal requirement. Amendments that do not comply with this formal requirement shall be invalid. The validity of individual agreements, regardless of their form, remains unaffected by this clause.