GENERAL TERMS AND CONDITIONS OF SALE
for online or distance selling orders of products by consumers
Last update: March 1, 2018
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: email@example.com), head office: MARTIN MEISTER e.K, Eppendorfer Landstrasse 64, 20249 Hamburg, Germany (phone +49-(0)40-467-777-55, Email: firstname.lastname@example.org), 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: email@example.com with head office: MARTIN MEISTER e.K, Eppendorfer Landstrasse 64, 20249 Hamburg, Deutschland, phone: +49-(0)40-46777755, Email: firstname.lastname@example.org, 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.
§7 Claims for defects, guarrantee and warranty
(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) At factory-new goods the guarantee of the manufacturer becomes applicable as per certificate of guarantee of the manufacturer or the corresponding invoice from the date of issue.
(5) 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.
(6) All further claims of the purchaser in particular for damages are excluded.
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.