General terms and conditions of business

1. Scope

2. Contracting parties

The customer's contractual partner is Lindner SE, Bahnhofstraße 29, 94424 Arnstorf, Germany; telephone number +49 8723 20-0; email: info@lindner-group.com

3. Conclusion of contract

3.1 The customer can select products from Lindner's range. To do this, prior registration or entering data in the checkout is required. When registering or checking out in the shopping cart, certain mandatory entries must be made. This includes at least the following information:

• First name Last Name
• company
• e-mail
• Address (delivery and invoice)
• phone

The data is required to create a free customer account. In addition, the address details and telephone number(s) are required to fulfill the delivery and are passed on to our internal/external shipping service providers. The mandatory entries, which are absolutely necessary, are marked in red.

3.2 The personal data (name, address, etc.) must be correct, as a variety of documents are generated on the basis of this data, including an invoice for deliveries. The customer or the person acting on the customer's behalf is obliged to provide information completely and truthfully, to fulfil the obligations arising from the conclusion of the contract and to assure that he is authorized to conclude the respective contract and the associated payment obligation. He is also obliged not to pass on the access data to his customer account to unauthorized third parties and to protect it appropriately against unauthorized access by third parties in accordance with the current state of the art.

3.3 Registration requires a minimum age of 18 years. Minors are not permitted to register.

• By selecting products  The customer can collect these in a shopping cart using the “Add to cart” button.
• The motif presentations in the online shop do not represent a binding request to conclude a contract. Rather, it is a non-binding invitation to order goods with the motifs offered in the online shop by submitting a binding offer. By clicking on the "buy now" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. By clicking on the shopping bag icon, the shopping cart overview is accessible at any time and the number and quantity of items can be adjusted.
• Lindner then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again in the form of an order confirmation and attached as a file. The customer can print this out for their own purposes using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by Lindner and does not constitute acceptance of the application to conclude the contract.
• The contract is only concluded when Lindner submits the declaration of acceptance, which is sent with a separate email (hereinafter "order confirmation").
• The contract text will not be saved by Lindner after the contract has been concluded and will therefore no longer be accessible to the customer.
  

4. Prices

The delivery of the contractual object takes place at the prices stated on the Lindner product pages valid on the day of the order. These are displayed with and without statutory sales tax. The costs incurred for delivery and shipping  of the products are listed and invoiced separately at checkout. In addition, sales tax is added at the applicable rate. The statutory sales tax is shown separately on the invoice at the statutory rate applicable on the day the invoice is issued.

5. Transfer of risk

5.1 The risk of accidental loss and accidental deterioration passes to the customer as soon as the products are handed over to the person carrying out the transport (forwarding agent, freight carrier or other third party appointed to carry out the shipment, hereinafter referred to as "forwarding agent"). This also applies if the delivery is made in parts.

5.2 In the event of a delay in acceptance by the customer, we are entitled to store the goods at the customer's risk and at his own expense. For the storage costs incurred, we can either charge compensation in the amount of the actual costs or a flat rate of 5% of the invoice amount for each month or part thereof. The customer is free to prove that the damage was less in the event of a claim for flat-rate compensation.

5.3 The delivered goods must be unloaded immediately by the customer. Waiting times are always at the customer's expense. Unloading and transport to the place of use or storage must be carried out by the customer. In the event of a delay, the resulting costs (e.g. unloading, storage, personnel costs of the shipping company) or possible return transport must be borne by the customer.

6. Delivery times / shipping

6.1 The delivery time is non-binding unless otherwise agreed and will be determined by Lindner  in the shopping cart and in the confirmations sent by email, the exact week is given as an "approximate" indication. The exact delivery time (day) is agreed separately between the customer and the shipping company.

6.2 The customer must set a deadline appropriate for the individual case before he is entitled to the rights under §§ 281 ff. BGB. The customer is only entitled to claims for damages due to delay or impossibility if the delay or impossibility is based on intent or gross negligence. If the processing of the order requires the cooperation of the customer (e.g. for special requests that were defined outside of the online shop), the agreed delivery period only begins when these obligations have been fully fulfilled by the customer. Subsequent changes to characteristics (e.g. dimensions, built-in parts, surface) by the customer, insofar as they can still be taken into account in production, lead to a change to the existing contract and to a new delivery period. In addition, the feasibility of the new changes must be checked by Lindner and any additional costs incurred in deviation from the price determinations in section  4 be passed on to the customer.

6.3 We are entitled to make partial deliveries, provided this is reasonable for the customer, and to request these as partial invoices. In the event of partial deliveries, the above clause 2 applies accordingly.

6.4 The following delivery restrictions apply: Lindner delivers to all customers who have their registered office (billing address) in a member state of the European Union and who can provide a delivery address in Germany. Delivery to other countries on request.

6.5 Delivery is usually carried out by a forwarding agent commissioned by Lindner. 

7. Payment

7.1 The customer can generally pay the purchase price on account. Lindner reserves the right to add or exclude individual payment methods. Otherwise, the payment method and payment conditions are agreed individually in each case.

7.2 Unless otherwise agreed, our invoices are to be paid within 14 days of receipt of the invoice without deduction. Payments are only deemed to have been made as soon as Lindner can dispose of the payment amount. Additional costs for which the customer is responsible (e.g. if a payment cannot be redeemed) must be borne by the customer. Set-offs against the payment of the purchase price by the customer are excluded unless the counterclaim is undisputed or has been legally established.

7.3 Lindner reserves the right to send the invoice in electronic form.

7.4 If the customer's financial situation deteriorates significantly or if the customer defaults on a payment, we are entitled to demand immediate payment of all other claims and, at our discretion, to make the provision of further services dependent on the payment of an advance payment or security. We are entitled to refuse performance until this advance payment or security has been paid.

7.5 In the event of late payment, the customer must pay default interest at the statutory default interest rate pursuant to Section 288 of the German Civil Code (BGB). In addition, we are entitled to the statutory default fee pursuant to Section 288 Paragraph 5 of the German Civil Code (BGB). We reserve the right to claim higher damages for late payment.

8. Retention of title

8.1 Lindner retains title to the goods sold until all claims arising from the purchase contract (secured claims) have been paid in full.  The secured claims also include all current and future claims arising from the customer’s ongoing business relationship with Lindner.

8.2 The goods subject to retention of title may not be pledged to third parties or transferred as security until the secured claims have been paid in full. The customer must notify Lindner immediately in writing if an application for the opening of insolvency proceedings is made or if third parties (e.g. seizures) take place on the goods belonging to Lindner.

8.3 If the customer acts in breach of contract, in particular if the purchase price is not paid when due, Lindner is entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods on the basis of retention of title.  The demand for return does not simultaneously imply a declaration of resignation; Lindner is  rather, it is entitled to simply demand the return of the goods and to reserve the right to withdraw. If the customer does not pay the purchase price due, Lindner may only assert these rights according to sentences 1 and 2 if Lindner has previously unsuccessfully set the customer a reasonable deadline for payment or if such a deadline is unnecessary according to the statutory provisions.

8.4 The customer is authorized (except for revocation in accordance with clause 8.7, sentence 4 below) to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions apply in addition.

8.5 The retention of title extends to the products resulting from processing, mixing or combining Lindner goods at their full value, with Lindner being considered the manufacturer. If the ownership rights of third parties remain in place when the goods are processed, mixed or combined, Lindner acquires co-ownership in proportion to the invoice values ​​of the processed, mixed or combined goods. In all other respects, the same applies to the resulting product as to the goods delivered under retention of title.

8.6 The customer hereby assigns to Lindner as security any claims against third parties arising from the resale of the goods or products in their entirety or in the amount of Lindner's co-ownership share in accordance with the previous paragraph. Lindner accepts the assignment. The customer's obligations set out in section 8.2 also apply with regard to the assigned claims.

8.7 The customer remains authorized to collect the claim alongside Lindner. Lindner undertakes not to collect the claim as long as the customer meets his payment obligations to Lindner, there is no lack of his ability to pay and Lindner does not assert the retention of title by exercising a right in accordance with Section 8.3. If this is the case, however, Lindner can demand that the customer inform Lindner of the assigned claims and their debtors, provide all information required for collection, hand over the associated documents and inform the debtors (third parties) of the assignment. In this case, Lindner is also entitled to revoke the customer's authorization to further sell and process the goods subject to retention of title.

8.8 If the realisable value of the securities exceeds Lindner’s claims by more than 10%, Lindner will, at the customer’s request, release securities of Lindner’s choice.

9. No right of withdrawal

There is no right of withdrawal, as only entrepreneurs (§ 14) are entitled to place orders. 

10. Claims for defects

10.1 The warranty is based on the statutory provisions in accordance with Sections 434 ff of the German Civil Code (BGB), unless otherwise provided below. The color samples and their textures shown on a printout or monitor/display are often not colorfast. The color samples and/or textures used in the online shop can also differ depending on the printer or monitor/display and their settings. The objective quality of the purchased item is determined solely from the information and representations stored in the online shop. Deviations of the delivered goods from the models and/or textures shown in the online shop do not constitute a material defect, provided that these deviations are related to the above visual divergences.

10.2 The warranty period is one year. If the customer is a merchant, he can only invoke warranty rights for obvious defects if he examines the delivered goods immediately in accordance with Section 377 of the German Commercial Code (HGB) and, if defects are found, immediately notifies Lindner of the defect. If a defect cannot be discovered even after proper inspection by the customer, it must be notified to Lindner immediately after it is discovered in accordance with Section 377 Paragraph 3 of the German Commercial Code (HGB). However, a limitation period of 2 years applies.

10.3 If the goods are defective, Lindner is entitled, at its discretion, to subsequent performance in the form of remedying the defect or delivering new, defect-free goods. However, Lindner is entitled to refuse subsequent performance if this can only be carried out at disproportionate costs and a reduction in the purchase price to be negotiated would objectively not result in any significant disadvantages for the customer. If subsequent performance fails, the customer can, at its discretion, declare withdrawal from the contract or reduce the purchase price.

10.4 No liability is accepted for damages that occur after the transfer of risk due to improper storage, construction moisture and transport. This does not apply if damages are caused by gross negligence or intent on the part of Lindner. 

11. Liability

11.1 Claims by the customer for damages are excluded. In particular, Lindner assumes no guarantee or other liability for the availability of the online shop and the services provided in the online offer. In particular, Lindner assumes no liability in the event of disruptions, interruptions or a temporary or permanent failure of the online shop or the other online offer. Excluded from this are claims for damages by the customer from

• injury to life, body, health
• the violation of essential contractual obligations (cardinal obligations)
• Liability for other damages resulting from an intentional or grossly negligent breach of duty by Lindner, its legal representatives or vicarious agents.

11.2 Essential contractual obligations (cardinal obligations) are those whose fulfillment is necessary to achieve the objective of the purchase contract. In the event of a breach of essential contractual obligations, Lindner is only liable for the damage that is typical for the contract and foreseeable, with the following restrictions. Liability for lost profits, expenses not saved, claims for damages from third parties and other indirect damages or consequential damages that are not typical for the contract is excluded in such a case. The limitation of liability in this paragraph does not apply if the customer's claims for damages are based on injury to life, body or health.

11.3 To the extent that Lindner’s liability is excluded or limited, this also applies to the liability of vicarious agents and other persons whose conduct can be attributed to Lindner.

11.4 Mandatory statutory liability provisions, in particular liability for the provision of a guarantee, fraudulent concealment of a defect and liability under the Product Liability Act remain unaffected by the above provisions. 

12. Data protection, data backup

12.1 To process orders, only such personal data as are necessary for Lindner to provide the ordered service will be stored.

12.2 With regard to further regulations concerning data protection and data security, reference is made to the separate data protection declaration , which the customer can save on his computer and/or print out for the purpose of online ordering.

13. Copyright

13.1 The images and textures shown in the online shop are published under license. Any reproduction, distribution, processing or other use of these image files or textures that violates the contract may violate the copyrights of third parties and is expressly prohibited.

13.2 We retain the copyright to design drawings, 3D data, offers and all other copyrightable services provided by Lindner.

14. Final provisions

14.1 The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which the customer has his habitual residence remain unaffected.

14.2 If the customer is a merchant (in particular an entrepreneur) and acts in this capacity, the exclusive place of jurisdiction for all disputes is the registered office of Lindner, i.e., depending on the value in dispute, the Eggenfelden District Court or the Landshut Regional Court.

14.3 Any subsidiary agreements and amendments must be in writing to be legally effective. This also applies to the written form agreement itself.

14.4 Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.