GENERAL TERMS AND CONDITIONS OF SALE
for online or distance selling orders of products by consumers
Last update: 2019, 10
For your online or distance selling orders (fax, letter, phone) of products via www.leica-store-muenchen.de solely the following General Terms and Conditions of LEICA STORE MÜNCHEN, Owner: MARTIN MEISTER e.K., Brienner Strasse 7, 80333 München (phone +49-(0)89-260-100-00, Email: firstname.lastname@example.org), head office: MARTIN MEISTER e.K, Große Theaterstr. 35, 20354 Hamburg, Germany (phone +49-(0)40-467-777-55, Email: email@example.com), apply, in their version in force at the time of your order. You may save a copy of these terms on your computer or print them. Any regulations diverging from this conditions apply only, if they are confirmed by us in writing.
(1) Regarding price, quantity, delivery period and availability our offers are subject to alteration. No demands can be made by the orderer on obvious mistakes, differences in regards to specifications of promotional material, especially images, misspelling and miscalculation, incorrect specificatons of serial numbers and erroneously price entry.
(2) All prices are given in Euro and are subject to the applicable german VAT valid at the time. Selldowns by customer order are subject to the relevant article §25a USTG. (difference taxation). In this case no VAT has to be declared.
§3 Contract conclusion
Our indications concerning goods and prices within the order transaction are without engagement and obligation. With your order you are submitting a binding purchase offer, this offer is accepted by us, provided that and as soon as we assign an invoice number to the offer. Until that time we particularly reserve the right to forbear from the delivery of the offered goods in case of their unavailability. Only on acceptance of the offer a right of delivery of the goods comes into existence.
§4 Cancellation and returns
(1) Consumers are entitled to withdraw from the contract within 14 days after delivery without giving a reason. The withdrawal period is 14 days from the date of contract where the consumer or a third party, other than the carrier and indicated by the consumer, has acquired the material possession of the goods. Prior to the right to withdraw from the contract, consumers need to notify us MARTIN MEISTER e.K., Brienner Strasse 7, 80333 München, phone: +49-(0)89-26010000, Email: firstname.lastname@example.org with head office: MARTIN MEISTER e.K, Große Theaterstr. 35, 20354 Hamburg, Deutschland, phone: +49-(0)40-46777755, Email: email@example.com, by clear declaration of their intent (e.g. letter or electronic mail). To comply with the time limit, it is sufficient that the declaration be sent before expiry of the withdrawal period.
(2) Regarding Ebay-auctions consumers are entitled to cancellation and returns within 4 weeks divergent from §4 (1).
(3) Return costs in case of cancellation, carefully packaged avoiding any impact damage, are paid on principle by the purchaser incl. sufficient postage. The shipment is insured by the seller up to a replacement value of Euro 25.000.
(1) The delivery takes place to the delivery address indicated by you.
(2) We are entitled to partial deliveries. At partial deliveries of course we take the additional shipping costs arising from it.
(3) All shipments are insured by us against loss and damage. Damaged goods can only be accepted after acknowledgement by record through the carrier (mail, courier, etc.)
§6 Maturity and payment, retention of title
(1) The purchase price matures on delivery and has to be settled within 8 days, if not agreed otherwise.
(2) Depending on the amount of your order a choice of the following means of payment is offered: payment by advance payment or credit card (American Express, Eurocard/Mastercard, VISA).
(3) If you default in payment, we are liable to calculate default interests amounting to 5 % over the current base rate disclosed by the European Central Bank, however not lower than 10%. However you remain reserved the proof, that no or only slight damage resulted.
(4) The delivered goods remain our property until the complete payment.
§ 7a Liability for defects
(1) In case the goods are afflicted with deficiencies we are in reasonable time going to arrange for supplementary performance, i.e. either for compensation delivery or remedy of defects. If the supplementary performance chosen by you is only possible with disproportional costliness we are liable to fulfil according to the other form. The necessary expenses for the supplementary performance are taken by us. If we fail in the supplementary performance, according your choice you have the right to cancel the purchase or to mark down the purchase price.
(2) Faulty goods are to be returned to us, except you decided on the marking down of the purchase price.
(3) Claims for defects prescribe in 2 years from the time of the delivery of the goods.
(4) Second-hand goods: The exact functionality of the shutter or other mechanical functionalities as well as the exact functionality of the photometer are no warranted characteristics. The warranty for second-hand goods is limited to one year according the legal regulations. Articles older than 20 years are sold as collector's items to the exclusion of any warranty.
(5) All further claims of the purchaser in particular for damages are excluded.
§ 7b Manufacturer warranty Leica Camera AG
Leica Camera AG ("LEICA") offers a two-year product warranty from the date of purchase at an authorized LEICA dealership for your LEICA product and all accessories included in the original packaging (the "trademarked product"). The product warranty is subject to the following warranty conditions. Your statutory warranty rights towards the seller of your LEICA products remain unaffected by the standard two-year LEICA product warranty.
(1) Warranty Scope
(1.1) Warranty terms
The product warranty term ("period of cover") begins on the day of purchase from an authorized LEICA dealership and ends latest two years after that date.
During the period of cover, LEICA shall remedy any complaints due to manufacturing faults and material defects free of charge. Such remedy shall be at the discretion of LEICA either repair, replacement of faulty parts or full product exchange for a faultless product of equal value. The product warranty does not allow for any other claims beyond those mentioned above on any legal basis. Replaced products or parts become the property of LEICA.
The product guarantee does not provide cover for:
(I) Installation, removal or disposal of the protected product or installation, removal, repair or servicing of products that are not protected products (including accessories, add-on components or other equipment) or electrical connections outside the protected product;
(II) Protected products on which the serial number has been modified, rendered illegible or removed;
(III) Use of the protected product in an industrial application, e.g. a) Installation of the protected product in an aircraft for production of aerial photographs; b) Use of the protected product to create reproductions; c) Use of the protected product on a production line for quality assurance and production monitoring purposes;
(IV) Damage caused by improper handling (e.g. drop/impact, water, dust/sand);
(V) Damage to the protected product caused by accidents, misuse, neglect, improper use (including incorrect installation, repair or maintenance work that has not been carried out by LEICA or an authorized LEICA partner), unauthorized modifications, extreme environmental conditions (including extreme temperatures and extreme humidity), extreme physical or electrical loads, interference, fluctuations or voltage peaks in the power supply, lightning strikes, static electricity, fire, force majeure, or any other external influences;
(VI) Problems caused by components that are not part of the protected product, including any products not supplied by LEICA, regardless of whether or not these were purchased with the protected product;
(VII) Services required to fulfill legal requirements that did not come into force until after the beginning of the period of cover of the product guarantee;
(VIII) Faults resulting from normal use or wear and tear, or normal ageing of the protected product;
(IX) Purely cosmetic blemishes on the protected product (particularly scratches, dents and dust);
(X) Wearing parts, such as batteries, unless the damage has been caused by a material defect or manufacturing fault;
(XI) Preventive maintenance work on the protected product;
(2) Your obligations
To obtain the services available under the product guarantee, the customer undertakes:
(I) To provide a copy of the original proof of purchase for the protected product when requested to do so by LEICA;
(II) to provide information about the symptoms and causes of the problems with the Protected Product;
(III) to reply to questions, including requests for the serial number of the Protected Product, the model, the firmware version, peripherals connected to the Protected Product, error messages displayed, the actions performed before the problem manifested itself on the Protected Product and the measures taken to solve the problem;
(IV) to follow the instructions issued to you by LEICA, including the instruction not to send to LEICA any products or accessories for which no repair or replacement service is available, and to follow the instructions to pack the Protected Product according to the shipping instructions;
(V) to update the firmware to the most recent version before the customer avails himself of the service; LEICA recommends making backup copies of all data in the Protected Products before sending the Protected Products to LEICA for repair or replacement.
(3) Limitation of liability
Consumers in jurisdictions that enjoy the benefits of consumer protection laws or regulations also enjoy the benefits due under this product guarantee, in addition to any rights and entitlements arising from those laws and regulations. No provision of this product guarantee affects the consumer protection laws granted by the applicable mandatory statutory regulations, including consumer protection laws, to press claims for damages against LEICA in the event of complete or partial non-performance or failure to properly perform its contractual obligations.
Insofar as is permitted under applicable law, LEICA and its employees and agents will not under any circumstances accept liability towards you or to your legal successors for indirect or consequential damage, including but not limited to the costs for restoring, reprogramming or reproducing programs or data or for any costs incurred as a result of the loss of confidentiality of data, the loss of business opportunities, loss of profit, lost sales or lost savings caused by the obligations of LEICA under this product guarantee. Insofar as is permitted under applicable law, the liability under this product guarantee of LEICA and its employees and agents towards you and your legal successors is limited to the amount that you paid for the Protected Product.
In particular, LEICA does not guarantee:
(I) That LEICA will repair or replace the protected product without risk to or loss of programs or data,
(II) That operation of the product will not be interrupted or will be free of errors.
No provision of this agreement will exclude or limit the liability of LEICA for:
(I) Death or physical injury, or
(II) Fraud caused by the negligence of LEICA.
If liability can be limited according to the aforementioned laws and regulations, the liability of LEICA shall, at the discretion of LEICA, be limited to the replacement or repair of the protected product or provision of the service. According to the laws of some countries, states or regions, it is forbidden to exclude or to limit liability for accidental or consequential damage. Some or all of the aforementioned limitations may therefore not be applicable in your case.
(4) Other provisions
(I) Should any provision or section of these guarantee provisions be or become invalid, illegal or unenforceable, this section or provision is to be separated from these warranty conditions and the validity of the remaining guarantee conditions is unaffected.
(II) These guarantee conditions are subject to the law of the country in which the product was purchased. This choice does not encompass the provisions of international private law or the UN Conventions on Contracts for the International Sale of Goods.
(III) LEICA is entitled to subcontract a third party to fulfill the duties of LEICA or to transfer the duties of LEICA under this contract to a third party; this does not absolve LEICA of its obligations to fulfill the contract with respect to you.
(IV) LEICA is not responsible for any non-fulfillment or delayed fulfillment of the product guarantee, where this is due to circumstances beyond LEICA‘s reasonable control.
(V) You agree that all information and data you provide to LEICA under the terms of this product guarantee is neither confidential nor protected. You furthermore agree that LEICA may collect your data while performing the services and use such data on your behalf. This may also involve the transmission of your data to companies or service providers connected with LEICA that may be located in countries that do not enjoy the same level of data protection as found in your country of residence, including Australia, Canada, the Member States of the European Union, India, Japan, China and the USA.
(VI) LEICA has put in place security measures to protect your data against unauthorized access or disclosure and against unauthorized destruction. You are responsible for the instructions you give LEICA regarding the use of your data. LEICA shall endeavor to adhere to these instructions insofar as is reasonable for the performance of the services and its support obligations under the product guarantee. If you do not agree with the above or if you have any questions about the effect that this processing method has on your data, please contact LEICA on the telephone number below.
(VII) Any verbal statements, assurances or supplementary agreements do not constitute pat of this guarantee. Amendments and/or supplementary agreements are only valid if they are set out in writing and confirmed by legally binding signatures. This also applies to agreements regarding the requirement for the written form itself.
(VIII) The sole place of jurisdiction is the registered office of LEICA. This does not affect any exclusively statutory legal venues.
Indemnity because of neglect of a duty from contractual relationship is to be made under the legal conditions. This applies accordingly for claims for damages due to the Product Liability Law.
§9 Data protection
The data necessary for the transaction processes are saved. Self-evident all personal data are kept in confidence.
§10 Disposal and environmental regulations
(1) Electrical and electronic equipment must not be disposed through household waste.
(2) Consumers may return their old electrical and electronic equipment to one of the municipal collection points free of charge.
(3) Our suppliers have complied with their obligation to register with the Federal Environment Agency.
(4) Notice for end users:
Batteries must not be disposed through household waste. End users are legally obliged to return used batteries.
Consumers may return empty batteries free of charge after use at the point of sale or at municipal collection points.
All batteries or rechargeable batteries are marked with the "crossed garbage can" symbol.
Pb = battery contains more than 0.004 percent lead
Cd = battery contains more than 0.002 percent cadmium
Hg = battery contains more than 0.0005 percent mercury
Further information on battery management can be found at the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. (www.bmu.de)
(1) German law applies under to the exclusion of the UN-convention.
(2) Complaints may be asserted under the address named in § 1.
(3) The jurisdiction is Hamburg, Germany.
(4) The company MARTIN MEISTER e.K. is registered at District Court Hamburg, HRA 96972.
(5) The VAT tax numer for MARTIN MEISTER e.K. is DE 213 616 275.
(6) If single or several of the above provisions are invalid, thereby the validity of the remaining provisions is not affected.
(7) It is assumed no liability for the content of any linked external website.
(8) Return of old equipment: We know that one will not scrap a Leica easily. On the other hand, we are legally bound to point out our take-back obligation. For non professional consumers only: If you have purchased your items from our store, you may bring them back for free disposal.