A: General Terms and Conditions of Delivery from infobroking lutz, Dipl. Kfm. Wolfgang Lutz, for exclusive use with Companies.
B: Mandatory information for electronic commerce
Vendor and Contract Partner
Dipl. Kfm. Wolfgang Lutz
Tel.: +49/ (0)731/ 96815-0
Fax: +49/ (0)731/ 96815-99
Mobil: +49 /(0)176/ 30713736
USt.-IdNr.: DE 191000276
Last updated: 05/2016
(1) These Term and Conditions of Mr. Dipl. Kfm. Wolfgang Lutz (hereinafter referred to as the "Vendor") apply to all service and product offerings made by the Vendor to Companies (hereinafter referred to as the "Customer") within the meaning of Sec. 14 German Civil Code (GCC), thus extending to all and any natural or legal persons or unincorporated associations that enter into a legal transaction in pursuing independent professional or commercial activity.
(2) Any inclusion of the conditions of the Customer is rejected, unless the parties expressly agree otherwise.
(1) The product offerings of the Vendor merely represent an invitation to the Customer to submit an offer to the Vendor to purchase. By submitting his order, the Customer is making a binding offer to purchase or submitting a binding order to the Vendor. The Vendor's acceptance of this proposal to purchase first takes place following a separate declaration of acceptance or demand for payment within 4 working days of receiving the proposal to purchase or the order.
(2) The purchase or the order is processed and contact mainly takes place per e-mail under partial use of automated purchase processing software. The Customer therefore has to ensure that the e-mail address designated for the purchase or order process is correct so that correspondence can take place using this address. If the Customer uses spam filters, he must ensure that all e-mails sent by the Vendor or the service providers it employs to render its purchase process are received.
(3) Correct and timely delivery based on a congruent covering transaction remains reserved. The Vendor will immediately inform the Customer of the unavailability of the products or services covered by the contract and immediately refund any payment made in the event of a withdrawal.
(4) Amendments to technical specifications and performance features, insofar as they serve the interest of technical progress and are deemed reasonable for the Customer, remain reserved.
(1) The scope of delivery or service owed by the Vendor results from the respective current terms of reference. For the orders, the Vendor only owes an industry-standard result, which is appropriate to the order and dependent on the respective details provided by the Customer. The concrete use or safeguarding of the completeness of the data obtained thereby remains the sole responsibility of the Customer.
(2) The Customer bears the sole responsibility for the legally permissible use of the deliveries and services provided by the Vendor. In particular, the deliveries and services of the Vendor do not relieve the Customer using them of their obligation towards conscientious review and legal compliance with, for example, the laws relating to data protection and competition. In relation to the aforementioned, reference is expressly made here to the duty to instruct concerning the right to object and the purpose limitation principle, and further legal foundations pursuant to Sec. 28 German Federal Data Protection Act (BDSG).
(1) All price details in the offers are stated exclusive of the statutory VAT and are considered "ex works". VAT is stated separately.
(2) If the products or research results are sent by letter or fax at the request of the Customer, additional costs are incurred in the form of packaging and shipping costs, the amount of which is stated to the Customer in the respective description of services.
(3) Other price components, such as additional taxes, duties or other charges, may be incurred for cross-border deliveries.
(1) Payments can be made by PayPal using the shopping cart function or by invoice depending on the Customer's credit rating. The services offered outside of the cart function can only be paid for by invoice, again depending on the Customer's credit rating.
(2) If payment takes place by PayPal using the cart function, once the order process has been completed, the Customer is forwarded to the PayPal site where payment is made to the Vendor. The Customer's PayPal account will only be debited once the contract has been concluded. The service is rendered once PayPal confirms payment.
(3) Invoice amounts are due for payment by bank transfer 14 days after receipt of invoice.
(1) Information provided concerning delivery periods is only binding if the delivery was promised in writing by the Vendor.
(2) Unless otherwise agreed, delivery or shipment takes place at the expense and risk of the Customer.
(3) If the Vendor cannot comply with the agreed delivery deadline, he shall inform the Customer of this fact in good time. In the event of disruptions in the Vendor's business operations, or those of its own sub-suppliers, for which the Vendor is not responsible, in particular, labour strikes, lawful lockouts and cases of force majeure, the delivery deadline is extending by a period of time corresponding to the duration of the disruption. In such cases, the Customer is only entitled to withdraw if he sends a reminder concerning the agreed services after the delivery date, sets a reasonable extension to the delivery deadline and this reasonable extension has already expired. If the delivery deadline is determined according to the calendar, the reasonable extension to be set by the Customer begins on its expiry. The legal entitlement to compensation for damages in place of performance remains unaffected.
(4) Partial deliveries are permissible if they are deemed reasonable for the Customer.
(1) The deliveries and services rendered by the Vendor are partially subject to protection under copyright law. With the conclusion of the Contract and payment of the deliveries and services according to the Contract, the Customer is granted, if applicable, the temporary non-transferable and non-exclusive right to use the aforementioned contractual deliveries and services, unless otherwise agreed in individual contracts, in accordance with the respective terms of reference.
(2) Once the contractual right of use for the Customer terminated, the deliveries and services rendered are to be immediately destroyed or deleted in compliance with privacy law. At the request of the Vendor, the Customer shall immediately confirm in writing that he has destroyed or deleted the aforementioned deliveries and services.
The goods delivered or services rendered, including any additions ("bonuses in kind"), remain the property of the Vendor until the Customer has satisfied all claims due to the Vendor arising out of the business relationship. In the event that the Customer breaches the Contract, the Vendor is entitled to repossess the conditional goods or services. Repossession does not signify a withdrawal from the Contract, unless expressly stated by the Vendor.
(1) The limitation period for defects amounts to one year from the date of risk transfer. The limitation period is renewed if replacement delivery takes place with the scope of the warranty.
(2) The statute of limitations for the right of recourse remains unaffected pursuant to Sec. 478 German Civil Code (GCC); the same applies in the event of a deliberate breach of duty and fraudulent concealment of defects. In accordance with the following paragraph (4), these limitations of liability do not extend to damages or claims for compensation that may be asserted by the Customer due to a defect.
(3) Subject to the timely notice of defects, in the event of a defect, the Vendor performs a repair or delivers a replacement according to his own choice. If the remedy fails, the Customer can withdraw from the contract or reduce the payment.
(4) In the event of damage to life, limb or health, the Vendor is liable to the full extent under law. This also applies in the case of malice and warranty promises, or if liability applies pursuant to binding legal regulations, such as under the German Product Liability Act.
(5) The statutory provisions apply in all other cases.
(1) The Vendor is liable under the statutory provisions insofar as the Customer asserts claims based on intent or gross negligence, including the intent or gross negligence of the Vendor's representatives or agents.
(2) In all other cases, the Vendor is only liable under product liability law, as a result of injury to life, limb or health, or for culpable violation of key contractual obligations (cardinal duties).
(3) The claim for damages for breach of contractual obligations (cardinal duties) by the Customer is limited to damage typically foreseeable at the time of entering into the contract, unless another case of mandatory liability subject to Para 1 or 2 is given at the same time.
(4) A change in the burden of proof to the detriment of the Customer is not linked to the aforementioned provisions.
(1) The law of the Federal Republic of Germany applies to these General Terms and Conditions of Delivery.
(2) The rules of the United Nations Convention on the International Sale of Goods (CISG) do not apply to these General Terms and Conditions of Delivery.
(3) If the Customer is a merchant, legal entity under public law or public special fund, the exclusive jurisdiction for all disputes arising out of this contract is the business headquarters of the Vendor. The same applies if the Customer has no general jurisdiction in Germany or the EU, or his permanent address or habitual place of residence remains unknown at the time of recourse to legal action.
The Vendor does not save the contract text once the contract has been concluded. That being the case, the Customer must therefore take all necessary steps to make permanent copies of the offer himself (e.g. in the form of a screenshot).
Contractual languages are German or English.
The Customer begins the online ordering process by clicking the "Place in cart" button on the product detail page to place a product in his shopping cart. The Customer can go to his shopping cart at any time by clicking the "Shopping cart" button in the top menu bar.
Once the Customer has filled his personal cart with the products he wants to purchase, he can click the "Proceed to checkout" button to continue with the order process on the next page. Before doing so, by clicking the "Edit cart" button, he also has the option to change the order quantity by selecting the desired quantity or removing a product from the shopping cart by clicking the "X" button.
If the Customer is already registered to order from the Vendor online, he can then continue to place his order by entering his registered e-mail address and associated password in the "I am already a customer" field. If the customer is not already registered, he can either create an account with the Vendor by clicking the "I am a new customer" button or continue as a guest without opening an account by clicking the "Do not create account" button. The Customer needs to enter his personal details in both cases, and then confirm his entries by clicking the "Next" button.The Customer can then select one of the payment methods offered by the Customer. To do so, the Customer enables the chosen method of payment by clicking on it and then confirming his selection by clicking the "Next" button.
The Customer will now be able to see his order summary.
If the Customer would like to make any corrections to the data displayed in the order summary, he can do so by clicking the "Change" button on the relevant input screen. To complete his order, the Customer has to acknowledge the General Terms and Conditions of the Vendor by checking the "I have read the General Terms and Conditions for your shop and agree to their validity" box.
The Customer issues a binding order for the products he has placed in the cart by pressing the "Order subject to payment" button.
The Customer can order online other services offered by the Vendor by using the relevant online form. To do so, the Customer needs to specify the options he would like to include in the order on the form. The Customer also needs to select the delivery type (e-mail, letter or fax) and enter his personal contact details. If the Customer would like to make any corrections to the data displayed on the order form, he can do so in the relevant field using the standard browser functions. The Customer can also delete all the data specifically selected or entered on the form by clicking the "Delete entries" button. The Customer submits his firm order by clicking the "Send Order", "Send pre-research form" or "Search research inquiry" button.