General Terms and Conditions of Business
I. Part: General Terms and Conditions:
- 1 Definitions
- 2 Scope of the General Terms and Conditions for Entrepreneurs
- 3 Retention of title
- 4 Warranty
- 5 Damage in transit
- 6 Applicable law
- 7 Place of jurisdiction
II. part: Information in electronic business transactions and consumer information
- contract language
- conclusion of the contract and technical steps leading to the conclusion of the contract
- correction of input errors before sending the order
- storage of the text of the contract
- details regarding payment
- details regarding delivery
- prices and shipping costs
- customs and import fees for deliveries to third countries (e.g. Switzerland, USA)
- information on warranty conditions and guarantees
- right of withdrawal for consumers
- essential characteristics of the goods or services
- identity and address for service of the seller
- online dispute resolution (ODR platform)
- dispute resolution under the Consumer Dispute Resolution Act (VSBG)
1 Definitions
(1) Insofar as special rights and obligations are agreed in these GTC only for consumers pursuant to § 13 BGB or only for entrepreneurs pursuant to § 14 BGB, the following definitions shall apply:
(2) A consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his self-employed activity.
(3) An entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of its commercial or self-employed professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
2 Scope of the General Terms and Conditions for Entrepreneurs
(1) If the Buyer is an entrepreneur within the meaning of § 14 BGB (see § 1 para. 3 of the GTC), these GTC shall apply exclusively. The Buyer’s GTC shall only apply to the extent that the Seller has expressly agreed to them in writing prior to the respective conclusion of the contract.
(2) If the Buyer is an entrepreneur within the meaning of § 14 BGB (see § 1 para. 3 of the GTC), these General Terms and Conditions shall also apply to all future transactions between the contracting parties.
3 Retention of title
The goods ordered shall remain the property of the Seller until payment has been made in full. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of the seller.
4 Warranty
The warranty shall be governed by the statutory provisions. The warranty period is 24 months from delivery of the item to the buyer.
5 Damage in transit
- If the buyer is a consumer (see § 1 para. 2 of the General Terms and Conditions), we request that goods with obvious damage to the packaging or contents be claimed from the freight service or that acceptance be refused. In this case, we also ask the buyer to contact us immediately by e-mail, fax or post.
- In the event of the discovery of hidden defects, we also request immediate notification.
- A shortening of the warranty rights, rights of revocation and limitation periods is not associated with the above provisions.
- If the buyer is an entrepreneur within the meaning of § 14 BGB (see § 1 Para. 3 of the General Terms and Conditions), he must inspect the goods for transport damage immediately upon receipt. Any ascertainable transport damage must be reported to the seller in writing without delay. The buyer must have packaging damage confirmed in writing by the transport company upon acceptance of the goods. If such a defect is discovered later, the notification must be made immediately after discovery.
6 Applicable law
All disputes arising from this legal relationship shall be governed by the laws of the Federal Republic of Germany with the exception of its conflict of laws provisions. With respect to consumers (see § 1 para. 2 of the GTC), this choice of law shall therefore only apply to the extent that mandatory provisions of the law of the country in which the consumer has his habitual residence do not conflict with the provisions of these GTC. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
7 Place of jurisdiction
For disputes arising from or in connection with the delivery of the goods and/or these GTC, the courts at the registered office of the Seller shall have exclusive jurisdiction, provided that the Customer is a merchant or the Customer is a legal entity under public law or a special fund under public law or the Customer does not have a permanent place of residence in Germany, the Customer has moved its place of residence or habitual abode abroad after these GTC have become effective or if the place of residence or habitual abode of the Customer is not known at the time the action is brought.
II. part: Information in electronic business transactions and consumer information
- contract language
The contract language is German. These General Terms and Conditions are only offered in German. These General Terms and Conditions are only offered in German.
- Conclusion of the contract and technical steps leading to the conclusion of the contract
- The product presentations in the online shop are not binding offers by the seller but merely represent an invitation by the seller to the buyer to make a purchase offer to the seller himself.
- If the Buyer places a product in the shopping basket, he/she shall go through an order process in the Seller’s online shop before submitting a binding offer. Here, the buyer must select his billing and delivery address, his desired payment method and the shipping method. Only when the online order is submitted by clicking the binding order button “order subject to payment”, the buyer submits a binding offer for the ordered goods at the price stated in the order overview.
- If the Buyer selects “purchase on account” or „”cash on delivery” as the payment method in the order process, the Buyer’s offer shall be accepted by the Seller by sending an order confirmation by e-mail within 3 working days after the Buyer’s order has been sent. Buyer does not receive an order confirmation from the Seller within this period, the Buyer’s offer shall be deemed rejected and the contract shall not be concluded. In this case, the Buyer shall also no longer be bound by its offer.
- If the Buyer selects “prepayment” or “bank transfer” as the payment method in the order process, the Buyer’s offer shall be accepted at the time of confirmation of the payment instruction to the bank. With the confirmation of the payment instruction by the buyer to his bank, the contract with the seller comes into effect.
- If the Buyer selects “Paypal” as the payment method in the order process, the Buyer’s offer is accepted at the time of confirmation of the payment instruction to PayPal. With the confirmation of the payment instruction to PayPal by the buyer, the contract with the seller comes into effect.
- If the Buyer selects “credit card” as the payment method in the order process, the Buyer’s offer is accepted at the time the credit card is charged, which takes place immediately after the Buyer sends the credit card data. The contract with the Seller shall come into effect when the credit card is charged.
- If the buyer selects “direct debit” as the payment method in the order process, the buyer’s offer is accepted at the time the account is debited, which takes place immediately after the buyer sends the account data. The contract with the seller comes into effect when the buyer’s account is debited.
- If the buyer selects “Sofortüberweisung” as the payment method in the order process, the contract is concluded at the time of confirmation of the payment instruction by the buyer to SOFORT GmbH.
- The buyer can also request an offer from the seller by telephone, fax or e-mail without obligation. In this case, the seller will send the buyer a binding offer including the required mandatory information within 7 working days after the request by telephone or sending the request by fax/email or letter, whereby the receipt of the offer by the buyer is decisive for the observance of the deadline. The Buyer may then accept the Seller’s offer within 7 working days of receipt of the offer, again by telephone, fax, e-mail or letter, whereby it is sufficient for compliance with the time limit that the Buyer sends the fax, e-mail or letter within the time limit or accepts the Seller’s offer by telephone to the Seller within the time limit. If the buyer does not accept the seller’s offer by telephone within the aforementioned period or does not send his declaration of acceptance by e-mail, fax or letter within the period, the seller’s offer shall be deemed to have been rejected and the buyer shall be deemed to have accepted the offer. The contract is not concluded. In this case, the seller is also no longer bound to his offer.
- Correction of input errors before sending the order
You can check your order on a separate page before the final dispatch. You can then correct input errors by clicking on the “Back” button of your Internet browser on the previous page or via a corresponding correction function of the Internet shop in the order process.
- storage of the contract text
The order data, the general terms and conditions and the cancellation policy are sent to the buyer in text form by e-mail with the seller’s order confirmation. In addition, the text of the contract shall be stored on the Seller’s internal systems and sent to the Buyer again by e-mail upon request.
- Details regarding payment
- Payment of the purchase price shall be made by means of the payment options offered in the order process.
- Payment by instalments requires prior agreement with the Seller.
- In the event of a delay in payment by the Buyer, the Seller shall be entitled to withdraw from the contract, provided that it has unsuccessfully set the Buyer a reasonable deadline for performance or subsequent performance.
- details regarding delivery
- Unless otherwise agreed prior to the conclusion of the contract, delivery of the goods shall generally be made by sending the goods to the address provided by the Buyer within Germany or to the countries that can be selected during the ordering process. Deliveries to other countries are excluded.
- The maximum delivery periods as well as any existing delivery restrictions can be found under a correspondingly marked link of our Internet shop.
- Due to circumstances for which the seller is not responsible, such as force majeure, operational disruptions, etc., the delivery of the goods may be delayed. The seller will inform the buyer of this immediately. The rights of the buyer remain unaffected by this, in particular the buyer is entitled to withdraw from the contract after setting a reasonable period of grace.
- If delivery is impossible for reasons for which the seller is not responsible, the claim to delivery is excluded. In the event that performance is impossible, the seller undertakes to inform the buyer immediately of the impediments to performance and to reimburse any payments already made without delay.
- ) Irrespective of any transport insurance, the Seller shall bear the risk of loss of or damage to the goods in transit, provided the Buyer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) (see Section 1 (2) of the GTC).
- The seller is free to choose the transport company.
- Prices and shipping costs
- The prices stated in the respective offers include the statutory value added tax as well as other price components (total price) plus the separately stated shipping costs. In the case of deliveries to countries outside the European Union (third countries), further customs duties or taxes may be incurred as soon as the purchased goods have reached the third country (see the following section 8 of these GTC).
- If the sold item is subject to differential taxation (used goods), the sales prices include the sales tax to be paid by the seller in accordance with § 25 a UStG (Value Added Tax Act) and plus the shipping costs shown separately. In the case of differential taxation, the VAT cannot be shown.
- customs and import fees for deliveries to countries outside the EU
We would like to point out that in the case of deliveries to countries outside the European Union (third countries) further customs duties or taxes may be incurred as soon as the purchased goods have reached the third country. These further customs duties or taxes are to be borne by the buyer. The Seller has no control over these charges and cannot predict the amount as customs regulations vary considerably from country to country. In the case of delivery to a third country, we recommend that the buyer enquire about possible customs charges or local taxes at the customs office responsible for the third country.
- information on warranty conditions and guarantees
- Information about the warranty conditions can be found in § 4 of the GTC.
- If the seller grants an additional voluntary warranty, the buyer’s statutory warranty rights shall not be limited thereby. Rather, the guarantee applies in addition to the statutory warranty rights, whereby the content of the guarantee and all essential information required for its assertion against the seller can be found in the respective guarantee statement.
- Right of withdrawal for consumers
If you conclude a legal transaction for a purpose that can predominantly be attributed neither to your commercial nor to your independent professional activity (consumer in the sense of § 13 BGB), you are generally entitled to a right of revocation. The details of the right of cancellation can be found in the separate cancellation policy of the seller.
- essential characteristics of the goods or services
The essential characteristics of the goods or services can be found in the Seller’s offers.
- identity and address of the seller
Our identity and our address for service are:
LIAAMO Equestrian & Design GmbH
In der Au 12, 53577 Neustadt Wied
- online dispute resolution (OS platform)
The EU Commission provides an online platform for dispute resolution (OS platform) with online merchants. The OS platform is intended to serve for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. This OS platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/
14. Dispute resolution under the Consumer Dispute Resolution Act (CDRA)
We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
Status of the GTC and information: 01.03.2022