Terms & Conditions

 


(1) Scope

(1) The following conditions shall exclusively apply, also to all future similar contracts with Lipocalyx GmbH, Weinbergweg 23, 06120 Halle (Saale), Germany until such time as new conditions are agreed upon. Additional agreements must be made in writing.

(2) Our offer is valid for commercial, professional or governmental purposes only.


(2) Changes

(1) We reserve the right to make pre-contractual changes to the products solely for the purpose of improvement.


(3) Prices

(1) All prices are net prices in EURO (EUR), US Dollar (USD) and are subject to the German VAT rate valid on the day of delivery.

(2) We do not charge German VAT to EU customers if we are provided with their valid VAT ID No.

(3) Rest of World (RoW) shall be charged the specified prices.

(4) Shipping costs, import duties and import charges shall be borne by the purchaser unless other arrangements have been agreed.

(5) Unless otherwise stipulated in the order confirmation, the purchase price is due without deduction within 30 days of the billing date. If the payment deadline is not met, the purchaser shall be deemed in arrears. In the case of delayed payment or cessation of payment, all outstanding claims, including those which are not overdue, shall become due without deduction. This shall apply even if deferral of payment has been granted on a previous occasion. We are entitled to charge interest on the entire claim at a rate of 7.5% above the base rate of the European Central Bank from the due date.


(4) Right of Return

(1) We will provide a 30-day right of withdrawal from the date of shipping. Within this period undamaged merchandise can be returned to us in their original packaging at the buyer’s expense. To arrange a return agreement, please send us an email at: info@lipocalyx.de.

(2) Customised products may not be returned.


(5) Defects, Warranty and Liability

(1) The warranty rights of the customer assume that the customer has properly fulfilled his obligation regarding inspection and complaint in accordance with § 377 HGB. Obvious defects must be reported in writing within a period of 2 weeks from receipt of the goods, otherwise warranty claims shall be excluded.

(2) Commercial tolerances regarding dimension, quantity, weight, quality, etc. do not qualify as reasons for complaint. Only our product description shall form the basis for the agreement on the quality of the goods. Public statements, recommendations or advertisements about our products do not represent a contractual condition of quality.

(3) All products, which, within the warranty period, have been found to be unusable or whose usability has been found to be highly impaired as a result of a circumstance prior to the transfer of risk – in particular due to faulty workmanship – shall either be repaired or newly supplied (subsequent performance ) free of charge and at our discretion. The identification of such defects must be reported in writing to us immediately. Products that have been exchanged become our property.

(4) We shall not be held liable for unsuitable or improper application, incorrect use by the customer or a third party, faulty or negligent treatment – particularly through the use of unsuitable equipment – or chemical, electrochemical or electrical influences insofar as we are not at fault.

(5) We shall bear the costs directly incurred by the subsequent performance if the complaint proves to be justified. In every case, the amount of costs we shall assume in addition to the cost of the replacement product shall be limited by the cost of the replacement product.

(6) If subsequent performance fails, the purchaser shall be entitled to demand to reduce payment (price reduction) or to cancel the contract (withdrawal). In the case of a minor breach of contract, especially minor defects, the customer is only entitled to reduce the contract price.

(7) If the customer chooses to withdraw from the contract due to a defect after failed subsequent performance, he shall not be entitled to compensation as a result of the defect, with the exception of claims arising out of the following paragraphs.

(8) We shall only be liable for damages that are not caused to the item itself – on whatever legal grounds – in the case of intent, gross negligence by our organisation or executives, culpable injury to life/body/health, defects which we have fraudulently concealed or whose absence we have guaranteed, and in the case of defects in the delivery item to the extent that there is liability under the Product Liability Act for personal injury or property damage to privately used objects. In the case of culpable violation of essential contractual obligations, we are also liable for gross negligence by non-executive employees and for slight negligence. The latter is limited to contract-typical, reasonably foreseeable damage. Further claims are excluded.

(9) All claims by the customer – on whatever legal grounds – shall expire 12 months after the transfer of risk. The statutory time limits shall apply for intentional or fraudulent behaviour and claims covered under the Product Liability Act.

(10) An assignment of warranty claims is possible only with our prior written consent.

(11) Any further liability for damages as provided in (8), shall be excluded regardless of the legal nature of the asserted claim.

(12) The provision in (11) does not apply to claims pursuant to Sections 1, 4 of the Product Liability Act and for cases of inability to perform or impossibility of performance.

(13) Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.


(6) Retention of Title

(1) The goods shall remain the property of the seller until the customer has paid the purchase price in full.


(7) Applicable Law, Place of Jurisdiction and Performance

(1) The law of the Federal Republic of Germany under exclusion of the UN Sales Convention shall apply. This also applies if the buyer is a foreigner or is domiciled abroad.

(2) If the customer is a merchant or a legal person under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the competent court for our headquarters in Halle (Saale).

(3) Unless stipulated in the order confirmation, our head office shall be the place of performance.

(4) Should a provision be invalid, the validity of the remaining provisions shall not be affected.


Valid as of: 09 / 01 / 2015

 

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