General business terms and conditions
Status: June 2021
- Our offers are aimed exclusively at entrepreneurs and legal partnerships who use the goods exclusively in their commercial or independent professional activity. Upon request, the customer must identify himself as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) by submitting his VAT identification number.
- Our terms and conditions apply exclusively; We do not recognize customer conditions that conflict with or deviate from our terms and conditions, unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we provide the service to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
II. Contractual partner, conclusion of contract
- The purchase contract is concluded with Lüllmann GmbH.
- When ordering online, you can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you click on the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.
- A binding contract can also be concluded beforehand as follows:
- If you have chosen the PayPal payment method, the contract is concluded at the time you confirm the payment order to PayPal.
- If you have chosen the Klarna payment method, the contract is concluded at the time you confirm the payment order to Klarna.
- The language available for the conclusion of the contract is German.
- We save the text of the contract and send you the order data by email. You can view your past orders in our customer login.
- The customer's order outside of our online shop represents a binding offer that we can accept within one week by sending an order confirmation or by delivering the goods. Our order confirmation is decisive for the content of the contract if we do not immediately receive a written objection. This does not apply if the order confirmation deviates from the order to such an extent that the customer's consent cannot be expected. Offers made by us beforehand are non-binding.
- Images on our homepage only contain a description of the goods and do not constitute an assurance of properties.
III. Prices and terms of payment
- Our prices do not include the sales tax applicable on the day of invoicing and plus shipping costs.
- Our invoices are to be paid within 30 days without deduction or within 8 days with a 2% discount. We reserve the right to make deliveries to customers unknown to us exclusively with payment in advance or to make the "invoice" payment method dependent on a previous credit check or to allow it exclusively for resellers. The deduction of a discount is only possible with the payment method "invoice".
- The following payment methods are available in our online shop:
- Payment in advance If you choose the payment method in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
- Paypal You pay the invoice amount via the online provider PayPal. In principle, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. You'll get more information during the ordering process.
- Klarna With Klarna Invoice, customers can pay their invoice within 14 days from the time of purchase. Klarna payment in installments is also possible. In principle, you have to be registered with Klarna or first register, legitimize with your access data and confirm the payment instruction to us. You'll get more information during the ordering process.
- Instant bank transfer SOFORT Überweisung enables buyers to pay via Sofortüberweisung without having to set up an account. Customers use their own online banking data to log in to SOFORT Banking's online banking environment. The invoice amount is then deducted directly from the bank account.
- Credit card You can easily pay online by credit card. All you have to do is enter your personal credit card information in the appropriate fields on the online form and confirm the payment.
- Cash on pickup You can pay for your goods in cash when you pick them up.
- If the customer defaults on payment, we are entitled to demand statutory default interest in the amount of 9 percentage points above the respective base rate. We reserve the right to document greater damage.
- The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
- The assignment of claims against us is only effective with our written consent.
IV. Terms of delivery
- Deliveries are made from stock. The respective delivery times result from the offer or the order confirmation.
- The shipping method and route are at our discretion. If we accept the customer's request for a different route or choice of transport, the customer bears the additional costs incurred. We do not deliver to packing stations.
- Deliveries of stock items with a net value of € 750.00 or more are carriage paid within the Federal Republic of Germany. Up to a net goods value of € 750.00, we charge a flat rate freight charge for packaging, transport and insurance within the Federal Republic of Germany in accordance with our currently valid shipping conditions.
- A collection of the goods by the customer is possible after an appropriate appointment. In this case, the customer can pay for the goods in cash when they are picked up.
- The risk passes to the customer as soon as the goods have left our distribution warehouse.
- We are entitled to make reasonable partial deliveries. If we deliver the goods in partial deliveries at the customer's request, the customer must bear the additional costs incurred.
- In the event of a default in acceptance by the customer, we are entitled to store the goods at the customer's expense and to charge 5% of the delivery value for each completed week of default in acceptance as part of a flat-rate compensation. We reserve the right to provide evidence of a different damage.
- If delays in delivery are due to reasons for which we are not responsible (in particular force majeure and the fault of third parties, etc.), the delivery period is extended appropriately. The customer will be informed immediately. If the causes of the delay last longer than six weeks after the agreed delivery date, each party is entitled to withdraw from the contract.
- Our liability in the event of a delay in delivery is limited to 0.5% of the delivery value, but not more than 5% of the delivery value, for each full week of delay as part of a lump-sum compensation for delay.
V. Retention of title
- We reserve ownership of the goods until all claims against the customer have been met, even if the specific goods have already been paid for.
- The customer must inform us immediately of any foreclosure measures taken by third parties against the goods subject to retention of title, handing over the documents necessary for an intervention; this also applies to impairments of any other kind. The customer has to bear our costs of a necessary intervention, insofar as the third party is not able to reimburse them.
- In the event of the resale of the goods subject to retention of title, the customer assigns to us the claims against his customers arising from the aforementioned transactions as security until all of our claims have been met.
- If the value of the security exceeds our claims against the customer by more than 20%, we shall, at the customer's request and at our discretion, release the securities to which we are entitled to the appropriate extent.
- Unless otherwise expressly agreed below, the statutory right to liability for defects applies.
- The customer is obliged to examine the delivered goods. Obvious defects must be reported to us in writing immediately after delivery. Defects that only become apparent later must be reported in writing by the customer immediately after they have been discovered. Failing this, the goods are considered approved.
- In the case of steel furniture, unpainted, non-application-relevant areas (e.g. the underside of the cabinet) can cause orange-colored residues from substances such as phosphorus used in the production process. Phosphorus increases the hardness and corrosion resistance of steel. It also protects against atmospheric influences such as rust. These residues are not a defect and therefore not a reason for complaint.
- Defects in the delivered item will be remedied by us within a period of one year from delivery after notification by the customer. This is done at our discretion through free rework or replacement delivery. In the case of a replacement delivery, the customer is obliged to return the defective item.
- If the defect cannot be remedied within a reasonable period of time or if the improvement is to be regarded as having failed for other reasons, the customer can, at his option, request a price reduction or - if the defect is not insignificant - withdraw from the contract.
- The customer does not receive any guarantees in the legal sense from us.
- Our liability for breaches of contractual obligations as well as for tort is limited to intent and gross negligence. This does not apply in the case of injury to life, limb or health of the customer, claims due to the violation of cardinal obligations, i.e. of obligations that result from the nature of the contract and the breach of which the achievement of the contractual purpose is endangered, as well as compensation for damage caused by delay. In this respect we are liable for every degree of fault.
- The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by our vicarious agents.
- Insofar as liability for damage that is not based on injury to life, body or health of the customer for slight negligence is not excluded, such claims shall become statute-barred within one year starting with the occurrence of the claim.
- If the customer withdraws from the contract for no reason or if he does not fulfill the contract on his part, we can demand 25% of the order amount as compensation. The right to assert demonstrably different damage remains reserved.
VIII. Final provisions
- The place of fulfillment and payment is our place of business.
- German law applies exclusively. The validity of the UN sales law is excluded.
- The court responsible for our place of business is the exclusive place of jurisdiction.
Note on the disposal of batteries and rechargeable batteries
Due to the battery ordinance, we as a retailer are obliged to point out that batteries and rechargeable batteries may not be disposed of with normal household waste. Batteries and rechargeable batteries must be disposed of free of charge at retail outlets or specially set up collection points.
Alternatively, you can return batteries and accumulators bought from us to us. Please make sure that your return is sufficiently franked. Batteries and accumulators containing pollutants are marked with a crossed out wheelie bin and one of the following chemical symbols: Cd for cadmium, Hg for mercury, Pb for lead.
Note on the disposal of electrical devices
Electrical and electronic devices must not be disposed of with normal household waste. They are to be disposed of at the public collection and collection points of the municipalities. Alternatively, you can return batteries and accumulators bought from us to us. Please make sure that your return is sufficiently franked.