GTC
§ 1 Scope of application
All present and future contracts, deliveries, offers and other services of LionCare GmbH, Siemensstraße 32, 71394 Kernen, Germany, represented by Managing Director Thomas Mahler, are exclusively subject to the following terms and conditions. Provisions deviating from these terms and conditions, in particular general terms and conditions of our customers, shall not apply, even if we do not separately object to them in individual cases.
In the event of discrepancies or conflicts between the German (https://www.lion-care.com/) and the English version of this website (https://www.lion-care.com/en), only the content of the German version shall be legally binding.
§ 2 Conclusion of contract in the online store & contract language
(1) With your order, you submit a binding offer to us to conclude a contract with you. We can accept this offer by sending you an order confirmation by fax, e-mail or letter or by delivering the ordered goods, whereby a valid purchase contract is concluded. Please note that the order confirmation does not constitute a legally binding order confirmation.
(2) When ordering via our online store, the ordering process comprises a total of three steps. In the first step, you select the desired goods. In the second step, you enter your customer details including billing address and, if applicable, a different delivery address. In the third and final step, you choose how you would like to pay and have the opportunity to check all the details (e.g. name, address, items ordered) once again and correct them if necessary before you send us your order by clicking on "Order with obligation to pay". The following order confirmation from us must be checked for correctness and any necessary changes must be submitted to us immediately.
(3) The contract language is German.
§ 3 Prices, shipping costs & discounts
Our prices are ex works plus the applicable statutory value added tax. Furthermore, we charge shipping costs for the delivery as shown in the product description. Additional and special services are charged separately.
Discounts granted by LionCare GmbH only apply to the products. Freight, packaging and other costs are excluded.
§ 4 Shipping & Delivery
(1) Collection
Collection of the goods is not possible.
(2) Shipment by a forwarding agent
In the case of shipment by a forwarding agent, delivery is always free kerbside. Deviations from this require express agreement in writing or text form.
LionCare GmbH is not responsible for delays in delivery due to legal or official orders (e.g. import and export restrictions).
If necessary, delivery can be made with a truck with a length of up to 18 meters. The buyer undertakes to ensure appropriate access. Possible obstructions due to insufficient road width, lack of turning possibilities, improper condition of the ground (e.g. in new development areas with non-asphalted access roads) or due to plant growth (e.g. hanging branches) must be taken into account by the buyer when selecting the delivery location. If access to the specified delivery location is not possible, the delivering freight forwarder is entitled to unload the goods at the nearest delivery location. In this case, any additional costs incurred as a result shall be borne by the customer.
(3) Delivery dates are approximate and are not binding. If it is not possible to meet the delivery deadline, we will inform the customer and specify a new delivery date. Any claims for damages arising from a delay in delivery cannot be asserted against us.
§ 5 Extraordinary circumstances
Extraordinary circumstances and other disruptive events unforeseeable at the time of conclusion of the contract, such as operational disruptions, delivery deadline delays or supplier failures, traffic disruptions as well as strikes, lockouts and official decrees for which we are not responsible, shall release us from the obligation to deliver or perform for the duration of the disruption and to the extent of its effect. If the delivery or service is delayed by more than 1 month as a result, we shall be entitled to withdraw from the contract with regard to the quantity affected by the delivery or service disruption. Further claims against us are excluded.
§ 6 Return of packaging materials
(1) In general, the goods are delivered in appropriate packaging. Usually, delivery is made in disposable packaging (e.g. disposable pallets), the price of which is included in the total price or in the shipping costs and thus becomes the property of the buyer. According to the provisions of the German Packaging Ordinance (Verordnung über die Vermeidung und Verwertung von Verpackungsabfällen - VerpackV), LionCare GmbH is obligated to dispose of the packaging. The customer is entitled to return the packaging materials to LionCare GmbH on site.
(2) If, in individual cases or upon special request, a delivery is made in reusable packaging (e.g. Euro pallets), the deposit amount for this will be shown on the invoice. Reusable packaging can be returned to LionCare GmbH on site.
§ 7 Terms of payment
Payment can be made either in advance by bank transfer, by invoice (subject to creditworthiness) or PayPal. We reserve the right to exclude individual payment methods. If you choose to pay in advance, we will provide you with the bank details in the order confirmation. Delivery will be made after receipt of payment. Unless otherwise agreed, the invoice amount must be paid within 10 days of the invoice date, or at least 7 working days before the delivery date if prepayment is chosen, and without deduction of discount.
§ 8 Warranty
The statutory warranty regulations apply.
Your satisfaction is particularly important to us. You can contact us at any time using one of the contact channels listed at the beginning. We will endeavor to examine your request as quickly as possible and will contact you immediately. However, please give us some time, as it is often necessary to involve the manufacturer in these warranty cases. It is always very helpful to describe the complaint as precisely as possible; order documents should be sent as a copy or at least the order number, customer number etc. should be stated. If you do not receive a response from us within 5 working days, please contact us. In rare cases, e-mails may be "stuck" in our or your spam filters or a message may not have reached you by other means or may have been inadvertently omitted.
Special terms and conditions for entrepreneurs within the meaning of § 14 BGB:
The customer must check whether the goods delivered or the service provided are of the contractually agreed quality and suitable for the intended purpose. In all other respects, the provisions of § 377 HGB (German Commercial Code) shall apply. We shall, at our discretion and taking into account the interests of the customer, remedy any defects in the delivered goods or services notified in good time or deliver defect-free goods or repair the services. If these measures do not lead to success, the customer shall be entitled to the statutory rights. Rejected goods may only be returned with our express consent. In the event of a justified complaint, we shall reimburse the costs of the cheapest return transportation of the rejected goods. No claims can be made against us for transport damage to unpacked goods. The customer will be informed of the relevant packaging instructions in our order confirmation.
§ 9 Compensation for damages
(1) LionCare GmbH is liable without limitation for damages caused intentionally or through gross negligence by LionCare GmbH or its legal representatives, executive employees or simple vicarious agents.
(2) LionCare GmbH is not liable in cases of slightly negligent violation of only insignificant contractual obligations. Otherwise, the liability of LionCare GmbH for damages caused by slight negligence is limited to those damages that must typically be expected to occur within the scope of the respective contractual relationship (contract-typically foreseeable damages). This also applies to slightly negligent breaches of duty by legal representatives, executive employees or simple vicarious agents of LionCare GmbH.
(3) The above limitation of liability does not apply in the event of fraudulent intent, in the event of bodily injury or personal injury, for the breach of guarantees and for claims arising from product liability.
§ 10 Retention of title
Delivered goods shall remain our property until full settlement of all claims (interest and legal costs, if applicable) arising from the ongoing business relationship with the customer. Ownership shall pass to the customer as soon as he has settled all his liabilities arising from the business relationship with us. In the case of a current account, the retained title shall be deemed security for our respective balance claim.
§ 11 Place of fulfillment
Kernen shall be the place of performance for delivery and payment.
§ 12 Applicable law
All legal relationships between the customer and us shall be governed exclusively by German law, irrespective of the registered office and/or nationality of the customer. The German language is the language of contract and negotiation. The General Terms and Conditions listed here shall apply first and foremost, supplemented by the statutory provisions of the German Commercial Code and the German Civil Code.
§ 13 Data protection
Personal data is transmitted to us in the course of the order. The security and confidentiality of personal data are of particular importance to our company. The storage and further processing of the data is only for the purpose of order processing. The data will not be passed on to third parties for any other purpose. The only exception is the transmission of the delivery address and notification number to the forwarding agent in order to enable punctual delivery.
§ 14 Copyright
All illustrations and texts on our homepage as well as the text of the General Terms and Conditions are protected by copyright. Any use other than the intended use within the scope of proper use, in particular reproduction and printing, is illegal without our express written consent.
§ 15 Severability clause
Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions of the contract or these GTC. Invalid provisions shall be replaced by the parties with provisions that come closest to the intended meaning of the invalid provision.
Special terms and conditions for entrepreneurs within the meaning of § 14 BGB:
(1) Transfer of risk for entrepreneurs
If the customer is an entrepreneur (§ 14 BGB), the risk in the case of sales shipment shall pass to the customer as soon as LionCare GmbH has delivered the item to the forwarding agent, carrier or other person designated to carry out the shipment, notwithstanding § 5 of these GTC.
(2) Notice of defects & warranty period
Immediately upon receipt of the goods, the customer must inspect them for recognizable complaints. We recommend that the buyer call in a specialist upon delivery to carry out an incoming goods inspection. Claims due to a defect expire within one year of delivery of the goods.
Complaint management / platform for online dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here: http: //ec.europa.eu/consumers/odr/.
If you have any further questions about the GTC or the special conditions for entrepreneurs, please contact us by telephone on 07151 2564811 or by email at info@lion-care.com.