General terms and conditions
- Scope and provider
- Conclusion of contract
- Payment terms
- Set-off; right of retention
- Place of fulfillment, delivery; retention of title
- Right to return goods
- Final provisions
- Applicable law and jurisdiction
- Data protection
- Company information
1. Scope and provider
These Terms and Conditions apply to all orders you place with LUSINI International GmbH, Hettlinger Straße 9, 86637 Wertingen, Germany, represented by its managing director, Daniel Radke.
Our deliveries, services and offers are provided exclusively on the basis of these Terms and Conditions which shall also apply to all future business relationships even if they are not expressly agreed again. Your or any third party's terms and conditions of business shall not apply even if we do not object to their application in a particular case.
Our goods are exclusively offered to commercial consumers.
2. Conclusion of contract
The presentation of goods in the online shops, catalogues and advertisements shall not be binding offers to conclude a purchase agreement. Rather, such presentation shall represent a non-binding invitation to order goods by phone, fax, e-mail or online. Upon receipt of your order, we shall check whether the articles ordered are available and we shall then make an individual offer which you may accept in writing or by paying the purchase price. We shall be bound to our offer for a period of 14 days. A purchase agreement for the goods or services shall be concluded only if you pay the amount stated in the offer or expressly accept our offer in writing. Sending an e-mail shall be sufficient as written acceptance.
Prices apply to the extent of delivery and services stated in our individual offer. Prices are quoted in EURO ex works, plus packaging and shipping charges and, where applicable, plus statutory value-added tax. Customs fees, charges and other public levies shall be paid by the recipient.
4. Payment terms
Our individual offers may be paid for at your option by bank transfer, by credit card (VISA/Master-Card) or via PayPal.
5. Set-off; right of retention
You shall have a right of set-off only if your counter-claim has been determined without further legal recourse or is not disputed by us. You may exercise a right of retention only where your counter-claim is based on the same contractual relationship.
6. Place of fulfillment, delivery; retention of title
The place of fulfillment for all obligations under this contractual relationship shall be Wertingen, Germany unless otherwise stated. We shall select the mode of dispatch and the kind of packaging according to our best judgement. Unless otherwise agreed, goods shall be delivered upon receipt of payment ex our warehouse to the delivery address specified by you. The goods shall remain our property until full payment of the purchase price. Any dates or periods for the delivery of goods or the provision of services announced by us shall always be without commitment, unless we promise a fixed period or date. With regard to the dispatch of goods, any delivery period or delivery date shall refer to the time of hand-over to the carrier, haulage contractor or other third party engaged by us for shipment. Although, in principle, we make delivery to any place in the world, we reserve the right to decide on the delivery of goods ordered in each particular case. We shall not be liable for any inability to deliver or any delay of delivery where this is caused by force majeure or any other circumstance which was unforeseeable at the time the contract was concluded. We shall be entitled to rescind the contract if such circumstances make delivery or service provision by us substantially difficult or impossible. Where such impediment is just of a temporary nature, the delivery and service provision deadlines shall be extended accordingly. We shall be entitled to make partial delivery if you can use the part of the delivery supplied to you in accordance with the contractual purpose, this does not cause any unacceptable additional expense to you and delivery of the remaining goods is ensured. We reserve title to the goods until complete settlement of all claims under the current business relationship. Prior to transfer of ownership of the goods under reservation of title, pledging or assignment as security shall not be permitted.
7. Right to return goods
You buy without risk because you are entitled to return the goods within ten days of receipt of the goods. This right does not apply to any goods already used or soiled which are made to customer specifications (e.g. hotel name printing) or are clearly tailored to personal requirements. To exercise your right of return, send the unused and clean goods back to us at your own expense, if possible in their original packaging, otherwise in a comparable safe packaging together with all accessories and all packaging components.
The warranty period shall be one year from delivery of the goods. You are obligated to inspect the goods for quality defects and incorrect quantity without delay and with due diligence and notify us of any apparent defects within seven days of receipt of the goods. It shall be sufficient if the notice of defects is dispatched within the time limit. This shall also apply to any hidden defect detected later with respect to the time of detection. Warranty claims cannot be asserted if you fail to comply with your duty to inspect and notify us of a defect. In the event of any defect, we shall at our option make subsequent improvement or substitute delivery (supplementary performance). In the case of subsequent improvement, we shall not have to bear the additional costs caused by the goods having been brought to a place other than the place of fulfilment, unless where such transfer is in compliance with the intended use of the goods. If supplementary performance fails twice, you shall be entitled at your option to demand abatement or rescind the contract.
Unlimited liability: We shall be liable for wilful intent and gross negligence. In the event of slight negligence, we shall be liable in accordance with the provisions of the product liability act and for any damage caused by injury to life, body or health of any person. Limitation of liability: Apart from that, we shall be liable in any case of slight negligence only for a breach of a material contractual obligation, i.e. a contractual obligation fulfilment which enables the proper performance of the contract in the first place and on which the contractual partner may typically rely. This limitation of liability shall also apply for the benefit of our vicarious agents.
10. Final provisions
Should any of the provisions of these General Terms and Conditions be or become invalid, this shall, not affect the validity of the remaining provisions. Should any provision which is actually necessary not be contained in the contract concluded between you and us or in these General Terms and Conditions, the parties hereto undertake to agree upon a valid provision which they would have agreed, taking account of their commercial goals, if they had realised the gap.
11. Applicable law and jurisdiction
Any contract between you and us shall be governed exclusively by German law, excluding application of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for any dispute arising from or in connection with a contract concluded between you and us shall be Wertingen, Germany.
12. Data protection
Our Data protection can be found here.
13. Company information
LUSINI International GmbH
Hettlinger Straße 9
Amtsgericht Augsburg, HRB 30667
VAT-No. DE 253033975
Managing Director: Daniel Radke
IBAN: DE06 7225 1520 0005 3076 51
Office hours: Monday-Thursday 7.30 a.m-5 p.m., Friday 7.30 a.m.-2 p.m.
Online shop: www.lusini.com
Phone: +49 8272 1819118