Main page » Overview » Terms of Business

Terms of Business

of the company LEDs4Stage,
Werner Linke
Zeisigweg 4, 04463 Großpösna

§ 1 Validity of the terms

(1) The consignments, services and offers of LEDs4Stage will only be done on the following terms of business. These terms are the basis for all business relations in the future, even if they´re not mentioned particulary again. Valid are only these terms of business. Other terms of business of the buyer are valid if LEDs4Stage agree with them.

(2) A consumer belonging to these terms is every natural person that does transactions not for business. A businessman is a natural or legal person that acts just for business and does transcations for this business.

§ 2 Contract formation

(1) Products and services shown in catalogues, online-catalogues, flyers and advertisements are no commiting offer for LEDs4Stage; they´re just an invitation to the customer to send an order to LEDs4Stage. Afterwards this order will be confirmed by LEDs4Stage. LEDs4Stage special offers have a validity of 30 days if nothing else is mentioned in the offer.

(2) An order via the online shop www.LEDs4Stage.com will be achieved by putting goods into the shopping basket and pushing the button “send order”. This is a binding booking of the goods in the basket. Further the buyer gets a status-confirmation that the order has been received; it isn´t a confirmation of the order itself. The order will be confirmed by a separate contract note which will be send to the buyer.

(3) The buyer will be bound for fourteen days on his order. Orders have to be confirmed by LEDs4Stage.

(4) All agreements according to the contract between LEDs4Stage and the buyer have to be written down.

§ 3 Prices and price variation

(1) All prices shown in the business-online-shop are net prices.

(2) Delivery will be done after prepayment in advance. Only if it´s explicit mentioned shipment on account is possible. Part-delivery is allowed as long as it is reasonable for the buyer; LEDs4Stage isn´t committed to do part-delivery.

(3) If ther´re more than 6 months between ordering and the date of delivery, prices on the delivery date are valid. If they´re higher than 10% the buyer is authorised to cancel the contract.

§ 4 Delivery time, additional respite and the reserve of self supply

(1) Delivery dates or additional respites can be obligatory or non-binding and have to be mentioned in a written form. Individual agreements will override the general terms of business according to §305b BGB.

(2) If there is a delay of the delivery and LEDs4Stage caused this delay, the additional respite fixed by the buyer is 4 weeks, starting when the respite arrives LEDs4Stage.

(3) LEDs4Stage doesn´t assume the purchasing risk. LEDs4Stage has the right to refuse the contract if the product hasn´t been delivered to LEDs4Stage although there had been a purchasing and delivery contract with a supplier. The responsibility of intent or negligence remains untouched. If the ordered product isn´t on time, LEDs4Stage will inform the buyer immediately and if necessary, LEDs4Stage will cancel the contract. The consideration will be repaid soon.

§ 5 Shipping and passing of risk, revocation

(1) The buyer has to pay delivery charges starting at the office of LEDs4Stage. The transportation risk is on the buyers side as soon as the shipment is given to the person or company that has been engaged to do the delivering. If the buyer wishes to wait with the shipment, the transportation risk is on the buyers side as soon as LEDs4Stage remarks that the goods could be delivered.

(2) If the buyer wants an insured shipment, all extra costs will be payed by the buyer.

(3) Who declares himself as businessman has no right of legal revocation. If the buyer declares wrong information about his status, he will be treatened as businessman.

§ 6 Rights of the buyer in case of shortages

(1) Principally the statutorily regulated laws are valid.

(2) The rework fails after the second unsuccessful attempt only.

(3) For business customers: shortages aren´t existent as long as the abnormality of the product is insignificant according to the consistency and usability. The right to choose between the removal of a shortage and a new consignment has the seller only. Only if the shortage fails, the buyer has the right to retire from the contract. The right of §478 (1) BGB stays unspoiled; the buyer has the right to demand compensation instead of performance like it is mentioned in the law.

§ 7 Limited liability, duty of declaration and shortening of prescription

(1) In case of transgressing duty by light careless, the liability of LEDs4Stage is limited to a average damage according to the type of product and its features. This is also hold true for legal representatives and subcontractors of LEDs4Stage.

(2) Respites will be extended suitable if they can´t be observed in case of force majeure or similar happenings (like lock-out or strike).

(3) In case of delay, LEDs4Stage is liable for the legal settlements of intent and wanton negligence. In other cases of delay, the liability of compensation for damages besides the performing is limited on 5% of the selling price.

(4) In case of breaches of duty, the buyer has to declare within a suitable respite which binding rights will be chosen and if the delivery should be done or canceled.

(5) The period of limitation for compensation for damages in case of defects will be decreased to one year. Independent of defects, the period of limitation for other compensations for damages will be decreased to one year too. This decrease isn´t valid in cases of intend, fraud, guarantee, injuries of life, body, health, freedom and in case of fundamental violation of duties according the contract. The period of limitation starts by delivering the ordered product.

§ 8 Reservation of proprietary rights

(1) Until the fulfilling of all present and future claims that LEDs4Stage has got, the delivered goods are still property of LEDs4Stage (goods subject to retention of title). The buyer has no right to dispose about these goods.

(2) If a third party - especially bailiffs - tries to get access on the goods subject to retention of title, the buyer will point to the fact that it is the property of LEDs4Stage. Furthermore the buyer will inform LEDs4Stage immediately so that LEDs4Stage is able to enforce the rights of property. If the third party isn´t able to pay costs (judicial or extrajudicial) that occur to LEDs4Stage in this matter, the buyer is liable and has to pay therefor.

(3) If the buyer acts contrary to the contract – especially delay of payment – LEDs4Stage has the ability to refuse from the contract and to stipulate the delivered goods.

§ 9 Payment

(1) Sales and technical stuff has no right to collect cash payment. Furthermore payment to the bank account of LEDs4Stage is accepted only.

(2) Invoices of LEDs4Stage have to be payed without discount within 10 days (from date of invoice) if nothing else is mentioned.

(3) Cheques or bills can be refused explicitly by LEDs4Stage. The acceptance happens pro forma only. Discounts and charges have to be payed by the buyer and are payable immediately. In reasonable individual cases or if banks charged with the payment refuse the order, LEDs4Stage has the right to accept cash transfer in advance only. In this case the customer has to accept it or has the right to cancel the order. Occuring charges, caused by a re-transfer in case of no funds or if declared data of the customer is wrong, have to be payed by the buyer.

(4) If LEDs4Stage receive payments, LEDs4Stage has the right to count against existing debts, even if the payment is declared for a new order. The buyer will be informed about the calculation and the offsetting. If there´re already outstanding charges and/or interest, LEDs4Stage has the right to offset outstanding costs first and afterwards reduce the charges.

(5) The buyer has only the right to offset if the counterclaim is undisputed or legally valid. The buyers right to retain contains just the same contract, not another contractual relationship.

§ 10 Valid right and place of jurisdication

(1) For the legal relationship of both parties german law is valid only; UN-buyers right is excluded. The conditions above are valid for contracts for work and materials and contracts to produce a work.

(2) In the case that both parties are business people, Leipzig is declared to be the local court. Otherwise the legal regulations stay valid.

(3) If individual clauses are void or will be void or if there´s a gap, all other regulations will be untouched. The parties declare to obligate to use a legal regulation instead of the void clause. This legal regulation should close the gap in a economic and effective way.

1st edition, date: march 08, 2010

Advices

For a quick payment via bank transfer we would like to ask you to send us your bank account and a receipt if available.

Revocation is accepted for private customers only. Business customers are all people and companies in our webshop www.leds4stage.com that have filled out an adress for account. After ordering products it´s impossible to change the customers status.

------ END OF THE TERMS OF BUSINESS ------

Shop Login

This shop is dedicated to
business customers only.

In the following you can
log in or create a new account as business customer.