RULES AND REGULATIONS

The period for cancellation is 14 (fourteen) days from the day that you, or any third party authorized by you other than the carrier, have or has accepted delivery of the final item(s) of your order. 

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 hello@limage.de) 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 form

To: L'IMAGE GmbH, Salurner Str. 2, 86356 Neusäß, Germany, phone +49 (0)821 455 97 00 fax: +49 (0)821 455 97 00 / email: hello@limage.de 

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*) Ordered on (*)/received on (*) Name of consumer(s) Address of consumer(s) Signature of consumer(s) (only in case of communication on paper) Date 

(*) Delete where inapplicable. 

5.2. You have no right to cancel contracts 

- for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer; 

- for delivery of newspapers, periodicals or magazines with the exception of subscription contracts. 

5.3. The cancellation right expires prematurely in case of contracts 

- for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery; 

- for the supply of goods that, after delivery, and due to their nature, have been inseparably mixed with other goods; 

- for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery. 

5.4. The following regulations must be observed in the event of cancellation of orders: 

a. There is a return shipping label with your invoice. Fill it out and put it in the package with the goods you want to return to us. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage. 

b. You will receive the return documents directly from us upon request by telephone. Please understand that we can only accept returns with sufficient postage. Therefore, please do not return the goods to us freight collect. If it is not possible to return the goods by mail, please contact your L'IMAGE GmbH contact person by phone +49 (0)821 455 97 00 or by email to:  hello@limage.de. We will then arrange the pickup for you. 

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 and Austria, 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: 

a. We reserve title to the goods until all claims from an ongoing business relationship have been settled in their entirety. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted. 

b. You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves. 

c. If the reserved goods are combined and mixed, 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. 

d. We shall be obligated to release the securities to which we are entitled upon request of the purchaser to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of securities to be released shall be at our discretion.

 

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: 

a. In the case of purchase contracts with consumers, we shall perform our obligations to remedy defects on the basis of the statutory provisions. 

b. If you have placed the order as a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), you are obliged to inspect the delivered goods immediately upon receipt with reasonable care and to notify us immediately of any material defects at least in text form. Initially undetectable material defects must also be notified to us without delay after their discovery in compliance with the requirements for notification of defects pursuant to sentence 1. If you do not comply with these obligations, the delivered goods shall be deemed approved with regard to this material defect with the consequence that the assertion of claims for defects shall be excluded. This does not apply in the case of fraudulent intent. 

c. Within the scope of supplementary performance to be rendered, we shall have the choice vis-à-vis companies whether supplementary performance is to be rendered by rectification of defects or by replacement delivery. If the subsequent performance fails, you may withdraw from the contract or reduce the agreed remuneration and, if applicable, claim damages, provided that the statutory requirements are met. In the case of used goods, the remedy of defects shall be excluded subject to the restrictions set out in clause 11.

11. Liability

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:

a. in case of intent or gross negligence, in case of fraudulent concealment of a defect or in case of absence of a quality or durability guarantee exceptionally assumed in writing according to clause 6.5., pursuant to section 443 German Civil Code (BGB) without limitation of the amount; 

b. in case of slight negligence, provided that a contractual cardinal obligation is violated. Contractual cardinal obligations are obligations that protect the customer's legal positions essential to the contract, which the contract must grant him according to its content and purpose, or the fulfillment of which makes the proper execution of the contract possible in the first place and on the fulfillment of which the customer may rely. Liability for each individual case of damage shall be limited to the typical damage foreseeable at the time of conclusion of the contract. In all other respects, liability for other damage caused by slight negligence and towards companies for loss of profit, additional personnel costs for the customer, loss of use and/or loss of sales is excluded. The provision in clause 11.2. shall remain unaffected. 

12. Limitation

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. 

13.2. If you as a customer are a merchant, a legal entity under public law or a special fund under public law, or if you do not have a general place of jurisdiction in Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all contracts concluded under these General Terms and Conditions shall be the court in Augsburg (Germany) which has jurisdiction for our registered office.

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. 

15.2. Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.