Terms of Service / General Terms and Conditions (AGB)
1. Scope of Application, Definitions
(1) LT Laborhandel GmbH, Platjenwerber Weg 60, 28717 Bremen, Germany (hereinafter: "we" or "LT laborhandel") operates an online shop for goods at the website www.lt-laborhandel.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless expressly agreed otherwise.
(2) A "consumer (Verbraucher)" within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. An "entrepreneur/business (Unternehmer)" is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership that is endowed with the capacity to acquire rights and to incur liabilities.
2. Conclusion of Contracts, Storage of the Contract Text
(1) The following provisions on the conclusion of the contract apply to orders placed via our online shop at www.lt-laborhandel.com
(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) The following provisions apply upon receipt of an order in our online shop: The customer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Adding the products by clicking the corresponding button (e.g. "Add to shopping cart" (In den Warenkorb), "Add to shopping bag" (In die Einkaufstasche) or similar),
- Checking the details in the shopping cart,
- Calling up the order overview by clicking the corresponding button (e.g. "Proceed to checkout" (Weiter zur Kasse), "Proceed to payment" (Weiter zur Zahlung), "To the order overview" (Zur Bestellübersicht) or similar),
- Entry/verification of the address and contact details, selection of the payment method, confirmation of the general terms and conditions (AGB) and of the withdrawal instructions (Widerrufsbelehrung),
- Completion of the order by clicking the button "Order with obligation to pay" (Zahlungspflichtig bestellen). This constitutes your binding order.
- The contract is concluded when we accept your order within three working days by sending a separate e-mail (order confirmation) to the e-mail address you provided. The automatic e-mail you receive immediately after submitting your order only confirms receipt of your order and does not constitute acceptance.
(4) In the event that a contract is concluded, the contract is concluded with LT Laborhandel GmbH, Lesumer Heerstraße 44, 28717 Bremen, Germany.
(5) Before placing the order, the contract data can be printed out using the print function of the browser or saved electronically. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions (AGB) and the withdrawal instructions (Widerrufsbelehrung), takes place by e-mail after the order has been triggered by you, in part automatically. We do not store the text of the contract after the contract has been concluded.
(6) Input errors can be corrected by means of the usual keyboard, mouse and browser functions (e.g. the browser's "back button"). They can also be corrected by cancelling the ordering process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
3. Subject Matter of the Contract and Essential Characteristics of the Products
(1) In our online shop, the subject matter of the contract is:
- The sale of goods. You can find the goods specifically offered on our product pages.
(2) The essential characteristics of the goods can be found in the product description.
(3) For the sale of digital products, the restrictions evident from the product description or otherwise arising from the circumstances apply, in particular regarding hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right of resale or sub-licensing.
4. Prices, Shipping Costs and Delivery
(1) For consumers, the prices stated in the shop are total prices including statutory VAT. For businesses who are shown net prices after logging in as business customers, prices are exclusive of statutory VAT at the applicable rate. The label shown with each price (“incl. VAT” or “excl. VAT”) is decisive.
(2) The payment methods available to you are shown during the ordering process. For payment in advance, the purchase price must be paid before delivery. We offer purchase on account exclusively to businesses. We reserve the right to refuse this payment method in individual cases, in particular for first orders. For purchase on account, the invoice amount is payable without deduction within 14 days of receipt of the invoice. Once this period has expired, the customer is in default without further reminder. Otherwise, unless stated otherwise for the respective payment method, payment claims are due upon conclusion of the contract.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is designated as free of shipping costs. The shipping costs will be clearly communicated to you again in the offers, where applicable in the shopping cart system and in the order overview.
(4) Unless a different delivery time is stated for the respective item, the delivery time for deliveries within Germany is 3 to 5 working days (Monday to Friday, excluding public holidays). For payment in advance, the period begins on the day after the payment order is issued to the remitting bank, for all other payment methods on the day after conclusion of the contract. If the period ends on a Saturday, Sunday or public holiday at the place of delivery, it ends at the end of the next working day. Delivery times for deliveries abroad and for items shipped by freight forwarder are stated for the respective item or on the “Shipping and Payment” page.
(5) Delivery is made to Germany, the member states of the European Union, Switzerland and the United Kingdom. Deliveries to Switzerland and the United Kingdom are export deliveries; customs duties and import charges in the country of destination are borne by the customer.
5. Right of Retention, Retention of Title
(1) You may only exercise a right of retention (Zurückbehaltungsrecht) insofar as the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full (retention of title / Eigentumsvorbehalt).
6. Right of Withdrawal
As a consumer (Verbraucher), you have a right of withdrawal (Widerrufsrecht). This is governed by our withdrawal instructions (Widerrufsbelehrung).
7. Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations as well as in tort is limited to intent or gross negligence.
(2) In the case of slight negligence, we are liable without limitation in the event of injury to life, body or health, or in the event of a breach of a material contractual obligation. If we are in default with performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for property damage and financial loss attributable thereto is limited to the damage typically foreseeable for this type of contract. A material contractual obligation is one whose fulfilment makes the proper performance of the contract possible in the first place, whose breach jeopardises the achievement of the purpose of the contract and on whose observance you may regularly rely. This includes in particular our obligation to act and to fulfil the contractually owed performance, which is described in § 3.
8. Contract Language
German is available exclusively as the contract language.
9. Warranty
(1) The warranty (Gewährleistung) is governed by the statutory provisions.
(2) If the customer is a business, the limitation period for claims for defects in newly manufactured goods is, in derogation of Section 438 (1) No. 3 BGB, one year from delivery of the goods. This shortening does not apply
a) to claims for damages and reimbursement of futile expenses due to injury to life, body or health,
b) to other claims for damages and reimbursement of futile expenses based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents,
c) to claims for damages due to the breach of essential contractual obligations,
d) if we have fraudulently concealed a defect or given a guarantee for the quality of the goods,
e) to claims under the Product Liability Act,
f) to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
g) to recourse claims of the customer under Sections 445a, 445b and 478 BGB.
In these cases, the statutory limitation periods apply.
(3) As a consumer (Verbraucher), you are asked to check the item/the digital goods or the service rendered immediately upon performance of the contract for completeness, obvious defects and transport damage, and to notify us as well as the carrier of any complaints as quickly as possible. If you do not comply with this, it will of course have no effect on your statutory warranty claims.
10. Final Provisions
(1) German law applies. In the case of consumers (Verbraucher), this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability / Günstigkeitsprinzip).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (UN-Kaufrecht / CISG) expressly do not apply.
(3) If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
Consumer dispute resolution pursuant to § 36 VSBG (German Act on Alternative Dispute Resolution in Consumer Matters):
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board (Verbraucherschlichtungsstelle).