General Terms and Conditions

General Terms and Conditions for the conclusion of purchase contracts via the Internet page http://www.lemke-shop.de


Scope
The following General Terms and Conditions (hereinafter “T&Cs”) shall apply to the exclusion of other General Terms and Conditions for the business relationship resulting from orders made via the Internet page http://www.lemke-shop.de (hereinafter “Lemke-Shop”) between you (hereinafter referred to as the customer) and Georg Lemke GmbH & Co. KG (hereinafter “Lemke“or “we”/us)) with respect to those of Lemke Goods represented.

An inclusion of the customer’s own terms and conditions is hereby contradicted, unless otherwise agreed.

The version that is valid at the time of your order of the goods and whose validity you confirm during the ordering process is decisive. Rights that we are entitled to in accordance with the statutory provisions beyond these general terms and conditions shall remain unaffected.

1.1 The purchaser is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his commercial nor his independent professional activity.



1.2 For entrepreneurs i. S. v. § 14 BGB (BGB)
For a natural or legal person or a partnership with legal capacity who, when a legal transaction is concluded, acts in the exercise of his commercial or self-employed professional activity (entrepreneur i. S. v. § 14 BGB) shall apply, in deviation from or in addition to the above general terms and conditions, which follows: Until full payment, the goods remain our property. 
There is no right of withdrawal. You are only entitled to set-off if your counterclaims have been legally established in court or are undisputed or have been acknowledged in writing by us. 
You can only exercise a right of retention insofar as the claims result from the same contractual relationship. 
The law of the Federal Republic of Germany applies without exception. 
The place of jurisdiction shall be the registered office of Lemke as agreed.

1.3 These General Terms and Conditions shall apply accordingly to the purchase of vouchers, unless something expressly agreed otherwise.


Contracting parties
The purchase contract is concluded with Georg Lemke GmbH & Co. KG, Managing Director Sven Hell, Späthstraße 31-32, 12359 Berlin - Germany, Commercial Register Berlin Charlottenburg HRA 1420.
You can contact us for questions, complaints or complaints on weekdays from 8:00 a.m. to 3:00 p.m. by calling +4930 / 66581 - as well as by e-mail kontakt@lemke-shop.de


offers and conclusion of contract
The presentations of the products contained in the online shop do not constitute a legally binding one offers of Lemke for the conclusion of a purchase contract, but serve only to submit a offerss by the customer.
Errors are reserved.
Your order is set offers to us for the conclusion of a purchase contract.

3.1 The customer can do that offers about that in the online shop of Lemke submit integrated online order form. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contract offer in relation to the goods contained in the shopping cart by clicking on the button that concludes the ordering process.

3.2 The confirmation of receipt of the order is made by an automated e-mail immediately after the sending of the order. This order confirmation does not constitute acceptance of your offersit is, but should only inform you that your order has been received by us.

3.4 The seller can do that offers accept the customer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, where the receipt of the goods by the customer is decisive, or - by asking the customer to pay after submitting his order.
If several of the aforementioned alternatives are available, the contract shall be concluded at the time in which one of the aforementioned alternatives occurs first. The deadline to accept the offerss begins the day after the dispatch of the offerss to run through the customer and ends with the expiration of the fifth day, which is sent on the dispatch of the offersS follows. Let's take this offers the customer does not receive within the aforementioned period, so this shall be deemed a rejection of the offerss with the result that the customer is no longer bound by his declaration of intent.

3.5 A purchase contract is only concluded when we send the ordered product to you and confirm the shipping to you with a second e-mail. Upon collection of the ordered product, the purchase contract is concluded with the handover of the product.

3.6 The contract is concluded exclusively in German.

When handing over a offerss via the online order form of the Lemke-Shops the contract text is stored by the seller and the customer after sending his order in text form together with the present General Terms and Conditions (e.g. B. Email, fax or letter). However, the contract text can no longer be accessed by the customer after sending his order via the website of the seller.

The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for the order processing is accurate, so that the e-mails sent by the seller can be received at this address. In particular, the customer must ensure that all mails sent by the seller or by this third party commissioned with the order processing can be delivered when using SPAM filters.


Right of withdrawal according to § 312g BGB
You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
In order to exercise your right of withdrawal, you must contact us (Georg Lemke GmbH & Co. KG, Späthstraße 31-32, 12359 Berlin; kontakt@lemke-shop.de)
by means of a clear explanation (e.g. B. inform a letter sent by post or e-mail) of your decision to withdraw from this contract. 
You can use the attached sample withdrawal form for this, but this is not mandatory.
In order to meet the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you this cancel contract, we have to pay you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.
We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you receive the goods before the expiry of the period of fourteen days to our in No. 2 send address mentioned.You bear the direct costs of returning the goods. 
You must only pay for any loss of value of the goods if this loss of value is due to a handling of the goods which is not necessary to ascertain the nature, characteristics and functioning of the goods.

The following contracts are excluded from the right of withdrawal: § 312g para. 2 No. 1 BGB
contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
Section 312g para. 2 No. 2 BGB
Contracts for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded,
Section 312g para. 2 No. 3 BGB
Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery,
Section 312g para. 2 No. 4 BGB
Contracts for the supply of goods if they were inseparably mixed with other goods after delivery due to their nature

Model withdrawal form If you cancel contract want, then please fill out this form and send it back.
To Georg Lemke GmbH & Co. KG Späthstraße 31-32 12359 Berlin - Germany, E-Mail kontakt@lemke-shop.de, Tel.: +4930/ 66581-3
Fax.: +4930/ 66581-500
I/or we (1) hereby revoke the contract concluded by me/us (1) for the purchase of the following goods (*)/the provision of the following service (*), ordered to (*)/obtain on (*), name of the consumer(s), address of the consumer(s),
Signature of the consumer(s) (only for notification on paper), date (*) Cancel the wrong.

Prices and shipping costs
All prices in our online shop are gross prices including the statutory value added tax and are exclusive of shipping costs. Prices are valid at the time of the order. 
The EIAs specified by us include the statutory value added tax and are not binding. 
The shipping costs will be clearly communicated to you again on the product pages, in the shopping cart and on the order page.

For deliveries to countries outside Germany/the European Union, further costs may be incurred in individual cases, which we are not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. Transfer fees, exchange rate fees) or import duties or Taxes (e.g. tariffs). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

Delivery and shipping conditions
The delivery takes place only within Germany, currently with DHL. Unless otherwise agreed, the delivery will be made to the delivery address specified by you.

In the processing of the transaction, the delivery address indicated in the purchase processing of the seller is decisive. By way of derogation, if the payment method PayPal is selected, the delivery address deposited by the customer at the time of payment with PayPal is decisive.

If the transport company returns the shipped goods to us, since delivery at the delivery address was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if he is not responsible for the circumstance which led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance.

A purchase process with self-collection is not possible via the online shop.

Redemption of gift carden vouchers that about the Lemke Online shop can be purchased (hereinafter "gift carde"), can only be redeemed in the online shop.

gift carde and balance of gift carden are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits can be credited to the customer’s voucher account.

The credit of a gift cardIt is not paid in cash or interest.

The gift card is intended only for use by the person named on it. A transfer of the gift cards on third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

Redemption of promotional vouchers vouchers issued by the Seller free of charge in the context of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as "Action Vouchers"), can only be redeemed in the Seller's online shop and only in the specified period.

Promotional vouchers can only be redeemed by consumers.

Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the promotional voucher.

Promotional vouchers can only be redeemed before the completion of the ordering process. Subsequent billing is not possible.

Only one promotional voucher can be redeemed per order.

The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference

The balance of a promotional voucher is neither paid in cash nor interest.

The promotional voucher will not be refunded if the customer returns the goods paid in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

The promotional voucher is transferable. The Seller may, with liberating effect, make a contribution to the respective owner who will respond to the promotional voucher in the Seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-eligibility, incapacity for business or the lack of the right of representation of the respective owner.

The Seller shall retain title to the delivered goods until full payment of the purchase price is to be paid in advance.

In the case of excessively high outside temperatures, in the summer months, we reserve the right to make a temporary delivery stop. The goods will be shipped at the next possible time. Partial deliveries are possible. 
If goods are not available due to lack of availability, we will inform them immediately. Legal claims remain unaffected.
Instead of a delivery, you can also choose your own pick-up during the ordering process. Pick-up must be made during our opening hours (Tue-Fri: 10.00-18.00 / Sat: 10.00-14.00 / Mon-Sun and on public holidays), at the earliest on the day following the day of the order and at the latest on the third opening day after the order working days (including Saturday). The pick-up address is: ...

Payment
Payment is made during the ordering process in the online shop and exclusively by way of prepayment. The following payment methods are permitted: bank transfer, pay pal, credit card, cash payment upon pickup (Tue-Fri: 10.00-18.00/Sat: 10.00-14.00). We reserve the right to restrict approved payment methods for the purpose of risk management. You are not entitled to a specific payment method.

The customer has various payment options available, which are available in the Lemke Online shop are indicated.



If the payment method "PayPal" is selected, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the application of the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.

If the payment method "SOFORT Überweisung" is selected, the payment process is made via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via SOFORT Überweisung, the customer must have an online banking account with PIN/TAN procedure activated for participation in SOFORT Überweisung, legitimize himself accordingly during the payment process and confirm the payment instruction to SOFORT. The payment transaction is immediately carried out by SOFORT and the customer’s bank account is debited. Further information on the payment method SOFORT Überweisung can be found on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/ Get.


Defect liability
We are liable for material defects in accordance with the applicable legal regulations.

The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no effect on his statutory or contractual claims for defects.

Liability otherwise (other liability as liability for defects)
We are liable without limitation for intent and gross negligence. In the event of a simple negligent breach of a main service obligation or a secondary obligation, the breach of which endangers the achievement of the purpose of the contract or the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the customer was allowed to rely on (“substantial secondary obligation”), our liability is limited to foreseeable, contractually typical damages. We are not liable for the slightly negligent breach of ancillary contractual obligations, which are not part of the essential secondary obligations. 
Liability in the case of fraudulent confidentiality of defects or in the event of a guarantee of quality as well as liability for claims on the basis of the Product Liability Act as well as for damages resulting from injury to life, body or health remain unaffected. A change in the burden of proof to the detriment of the customer is not associated with this. 
With the exception of claims arising from tort, claims for damages of the customer for which liability is limited according to this digit shall be statute-barred in one year from the commencement of the statutory limitation period. 
Insofar as our liability is excluded or limited, this also applies to the personal liability of employees, employees, employees, representatives and vicarious agents.

Copyrights
We have copyrights to all images, films and texts published in our online shop. The use of the images, films and texts is not permitted without our express consent.

Data protection
The responsible body within the meaning of the applicable data protection laws is Georg Lemke GmbH & Co. KG , Späthstraße 31-32, 12359 Berlin, Germany. 
Further information on data protection can be found at https://www.lemke.de/s/privacy

Legal choice
All legal disputes arising from or in connection with the purchase contract are governed exclusively by German law. 
Insofar as the customer is a consumer, the law of the Federal Republic of Germany applies, but only if no mandatory legal regulations, in particular consumer protection regulations, are contrary. 
The application of the UN Convention on Contracts for the International Sale of Ways is excluded.

Information on online dispute resolution The European Commission provides a platform for online dispute resolution (OS), which can be found here&inbsp;https://ec.europa.eu/consumers/odr/.
D We are prepared to participate in an out-of-court arbitration proceedings before a consumer arbitration board. The General Consumer Arbitration center of the center for Conciliation, Strasbourger Straße 8, 77694 Kehl am Rhein, is responsible for this. http://www.verbraucher-schlichter.de