Conditions of Use

1. General
 
All services that our online shop provides for the customer are based on the following general terms and conditions. Other conditions just have validity as long as they are agreed between online shop and customer.
 
 
2. Terms of contract
 
2.1 The offers in online shop are a not binding request to the customer to buy the offered products.
 
2.2 By ordering merchandise in the online shop the customer makes a binding offer to conclude a sales agreement.
 
2.3 The online shop is entitled to confirm this offer within seven days. The confirmation is send per E-mail or Fax. If the seven days pass without a confirmation the order is rejected.
 
 
3. Delivery
 
3.1 All articles, if available, are delivered immediately. The delivery is in Germany as well as in all EU-states.
 
3.2 The delivery time in Germany, as long as not stated differently in the offer, is within 8 days.
 
The delivery time to foreign countries, as long as not stated differently in the offer, is within 12 days.
 
3.3 We will inform you per E-mail about the expected delivery time if there is an article which we cannot deliver in a short-time period. Your legal claims shall remain uneffected.
 
 
4. Packaging- and delivery costs
 
4.1 You will be informed about the delivery during ordering but before confirming your order.
 
4.2 It is also possible – at the courier service’s additional costs – to accomplish a swift delivery.
 
 
5. Payment
 
5.1 All stated prices are final prices, which includes the currently VAT of 19%.
 
 
5.2 The following payments are possible in Germany and all EU-states: advanced
 
5.3 (The costumer is committed to pay the merchandise immediately after concluding the contract by transfer the money to our bank account.) By paying advanced we will send you an E-mail or a Fax with the exact invoice data. So it is necessarily to enter your E-mail and/or your phone number in to the order form so we can contact you. Please enter by your transfer your name and the date of order as purpose so we can assign your payment to your order.
 
5.4 The merchandise stays our property until we received the complete payment (retention of title according to §§ 158, 449 BGB). If the agreed payment period has passed and we have not received the money we have to claim overdue fines. 
 
 
6. Right of revocation
 
You may declare the revocation of your contractual statement in text form (e.g. letter, email) or by returning the merchandise within a period of 14 days. The revocation does not have to contain any reasons. The period begins after receiving this instruction in written form but not before the merchandise has arrived at the receiver (in the recurring delivery of similar merchandise not before the first part of delivery) and also not before we have fulfilled our duty to inform according to article 246§ 2 combined with §1 paragraph 1 and 2 EGBGB as well as our duty according to § 312g paragraph 1 sentence 1 BGB combined with article 246§ 3 EGBGB. To protect the revocation period it suffices to send the revocation or the merchandise in time.
 
The revocation is to be addressed to:
 
 
 
LIBARTHERM
 
Niedersachsenstraße 22
 
D-49186 Bad Iburg
 
Homepage: www.libatherm.de
 
E-Mail: info@libatherm.de
 
Fax: 00 (49) 5403 724565-9
 
IST-ID: DE 246701972
 
 
 
 
Consequences of revocation
 
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned on our risk. Things that cannot be shipped by parcel will be picked up. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of 40,00 EUR or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. Merchandise not eligible for shipping will be picked up at yours. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. The period starts for you with the sending of your Revocation or the merchandise for use with the receiving.
 
End of the right of revocation
 
 
7. Warranty
 
If there is any transport damage to the merchandise the customer has to report the damage immediately to the carrier (shipping service). Other note able delivery damage has to be reported to us by writing within three days after receiving the merchandise.
 
We are not liable for defects, which result from wrong handling, common wear or external influence. By repairing the merchandise in own performance or by a third person without our written agreement your warranty claim to us voids.
 
 
8. Limitation of liability
 
8.1 The online shop is liable in all cases of intention or gross negligence according to the legal determinations. The liability of your warranty is debt depended. For slight negligence the shop is liable according to the product liability act as well as for injuries of life, body or health or for a violation of essential contract terms. The online shop’s liability in the event of intent or gross negligence or violation of essential contract terms shall be limited to compensation for contract-typical losses foreseeable as long as there is no liability for injuries of life, body or health. The online shop is liable for the faults of agents or representatives in the same extent.
 
8.2 The regulations in the paragraph above (8.1) extend to damages in addition to performance and damages instead of performance, irrespective of the legal basis, especially due to defects, delay or impossibility.
 
 
9. Privacy policy
 
The personal data you supplied to us will only be used to complete your order. All your data will be treated confidentially by us. We only share your data with third persons (for example with a shipping service) as long as it is necessary for the completion of your order. We are not liable for your data during this internet connection (for example through technical faults of the provider) or for a criminal access to our internet presence by a third person which could happen eventually. The access for the customer login, which we will send to the customer if he wishes, have to be treated confidentially by the customer, because we assume no responsibility for any use of this data.
 
 
10. Copyright
 
All shown external logos, pictures and graphics are property of the corresponding companies and are subjected to the corresponding Licensor’s copyright. All logos, texts, reports, scripts and programming routines, which are shown on this side and developed or prepared by ourselves, must not be copied or used otherwise without our connivance. All rights reserved.
 
 
11. Other
 
We cannot influence it, if our suppliers take any article out of the program so that they cannot be delivered any more or are different in form or shape. We will inform you if our supplier offers us a spare piece. All your legal claims will be unaffected.
 
 
11. Packaging
 
According to the packaging regulation we are committed to take back our products packaging, as long as it is not marked with the sign of a comprehensive disposal system, and dispose or recycle it. Please contact us with packaging like this so we can clarify the redemption. We will tell you about local collecting points or disposal enterprises where you can dispose the packaging for free. If you are not able to dispose your packaging this way we will take care for the disposal or recycling.
 
 
Battery regulation (BattVO)
 
In connection with the distribution of battery we are, according to the battery regulation, as trader committed to point, for you as customer, the following out: Obligation of information according to the battery regulation (BattVO) In connection with the distribution of battery or the delivery of battery containing devices we are, according to the battery regulation § 12 sentence 1 Nr. 1-3 BattVO from the 27.03.1998 (BGBI. IS 658), committed to inform you about the following: Battery must not go in to the household waste. You are as consumer legally bound to return used battery. You can return used battery in the sales office or in direct proximity (e.g. in local colleting points or in the shop) for free. You also can send your used battery back to us as long as the letter is franked sufficiently. Pollutants containing battery (heavy metals) are marked with a crossed bin like the adjoining symbol. Next to the bin symbol you will find the pollutant’s chemical name. “CD” is cadmium, “Pb” is lead, “Li” is lithium, “Ni” nickel, “Zi” zinc and “Hg” is mercury. 
 
 
13. Links on our Web-side 
 
The district cord Hamburg decided with its judgement form the 12th of May 1998 –312 O 85/98- “liability for links”, that you are, if it is necessary, responsible for the content of the on your web-side linked web-sides. According to the district cord this is only to prevent by dissociating from the web-side.
 
So we dissociate us expressly from all web-sides’ content which are linked to our homepage. This declaration shall apply for all inks on our homepage.
 
 
14. Validity of our terms and conditions
 
You accept the online shop’s terms and conditions by ordering. Should one or more of the terms of these general terms and conditions be infected in its part entirely, or should later lose its legal effect, this shall affect in no way the effectiveness of the remaining terms and conditions. Unless otherwise required by law the place of performance and venue shall be the local court in 49186 Bad Iburg.
 

The European Commission provides a platform for online alternative dispute Resolution. You find this platform here https://ec.europa.eu/consumers/odr/ info@libatherm.de

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