Terms and Conditions

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider. (Dr. Sellmair NanoElektroTechnik GmbH) via the website www.lifepo.de Close. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.

(2) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods. and/or the provision of assembly services.

(2) By placing the respective product on our website, we are submitting a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase  Items are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" button or "Proceed to order"  (or similar designation) After entering your personal data and payment and shipping conditions, the order details will be displayed to you as an order summary.

If you select an instant payment system as your payment method (z.B. If you use PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selections or enter your data there. Finally, your order details will be displayed as an order summary on the instant payment system provider's website or after you have been redirected back to our online shop.

Before submitting your order, you have the opportunity to review the information in the order summary, change it (also via the "back" function of your internet browser) or cancel the order.

By submitting the order via the corresponding button ("order with obligation to pay", "buy"/"buy now", "order with obligation to pay", "pay"/"pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
 

(4) Your requests for a quote are non-binding. We will then submit a binding offer to you in written form (z.B. (via email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed, and in particular, that it is not prevented by spam filters.

§ 3 Custom-designed goods

(1) You must provide us with the necessary information, texts, or files for the individual customization of the goods via the online ordering system or by email immediately after conclusion of the contract. Our specifications regarding file formats must be observed.
 
(2) You agree not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable laws. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of any legal representation required in this connection.
 
(3) We do not check the transmitted data for accuracy and therefore accept no liability for errors.

§ 4 Performance of services for assembly services
 
(1) Insofar as assembly services are part of the contract, we are obligated to perform the assembly work specified in the service description. We will perform this work to the best of our knowledge and belief, either personally or through third parties.
 
(2) The services will be provided on the agreed dates.
 
(3) You are obligated to cooperate. In particular, you must ensure that the premises are accessible and reasonably safe at the time the installation services are to be performed. Furthermore, you are obligated to provide us with electricity and, if necessary, water. We are entitled to terminate the part of the contract concerning the provision of installation services pursuant to Section 643 of the German Civil Code (BGB) if you fail to fulfill your obligations to cooperate. We will set you a reasonable deadline within which you can fulfill the necessary obligations.
 
(4) If you exercise your right of termination pursuant to Section 648 Sentence 1 of the German Civil Code (BGB), we may demand a flat-rate compensation of 10% of the agreed remuneration if performance has not yet commenced. However, if a statutory right of withdrawal exists, this only applies if you exercise your right of termination after the withdrawal period has expired. You retain the right to prove that we have incurred no costs or significantly lower costs.
 

§ 5 Special agreements regarding offered payment methods

(1) Payment via "PayPal"/"PayPal Checkout"
When selecting a payment method offered via "PayPal"/"PayPal Checkout", payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and during the online ordering process.For payment processing, PayPal may use other payment services; if special payment terms apply, you will be notified separately. Further information about PayPal can be found at [link to PayPal website]. https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via "Stripe"
When selecting a payment method offered via "Stripe," payment processing is handled by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods available via "Stripe" are displayed to you under a correspondingly labeled button on our website and during the online ordering process. "Stripe" may use other payment services for payment processing; if special payment terms apply, you will be notified separately. Further information about "Stripe" can be found at [link to Stripe information]. https://stripe.com/de.

§ 6 Right of Retention, Retention of title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or assigning the goods as security is not permitted before title has passed.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice; we accept this assignment. You remain authorized to collect the receivables. However, if you fail to meet your payment obligations, we reserve the right to collect the receivables ourselves.

c) In the event of combination or mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the collateral held by us at your request to the extent that the realizable value of our collateral exceeds the secured claim by more than 10%. The selection of the collateral to be released is at our discretion.

§ 7 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it before we submitted the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

a)  Only our own specifications and the manufacturer's product description are considered agreed upon as the quality of the goods, not other advertising, public statements and pronouncements by the manufacturer.

b)  In case of defects, we will, at our discretion, provide a warranty by repair or replacement. If the attempt to remedy the defect fails, you may, at your option, demand a price reduction or withdraw from the contract. Remedying the defect is deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect, or other circumstances, indicate otherwise. In the case of repair, we are not obligated to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless such transport is in accordance with the intended use of the goods.

c)  The warranty period is one year from delivery of the goods. The shortened period does not apply:

- damages attributable to us caused by negligence resulting in injury to life, body or health, and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- in the case of items that, according to their usual purpose, have been used for a building and have caused its defectiveness;
- in the case of statutory recourse claims that you may have against us in connection with warranty rights.

§ 8 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).

(2) The place of performance for all services arising from our business relationships and the place of jurisdiction is our registered office, unless you are a consumer, but rather a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at another legally established place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.




II. Customer Information

1. Seller's identity

Dr. Sellmair NanoElektroTechnik GmbH
Kepserstr. 37
85356 Freising
Germany
Telephone: +49 8161 989 0780
E-mail: kontakt@lifepo.de

We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on how the contract came about

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the correction options are governed by the provisions of "Formation of the Contract" in our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1.The contract language is German. .

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system The contract details can be printed using your browser's print function or saved electronically. After we receive your order, the order details, the legally required information for distance selling contracts, and the terms and conditions will be sent to you again by email.

3.3. For quote requests outside the online shopping cart system, you will receive all contract details in the form of a binding offer in text form. z.B. via email, which you can print or save electronically.

4. Codes of Conduct

4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/buyer's seal/buyer's seal-zertifizierungskriterien.pdf.

4.2. We have committed to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

6.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.

6.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer. These costs will be shown separately during the ordering process and must be borne by you in addition to the above, unless free shipping has been promised.

6.3. If delivery is made to countries outside the European Union, additional costs may be incurred which are beyond our control, such as... z.B. Customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions) that you are responsible for paying. 

6.4. Costs incurred in transferring the money (Transfer or exchange rate fees charged by credit institutions) are from you to be borne in cases where the delivery takes place in an EU member state, but the payment was initiated outside the European Union.

6.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

7. Delivery conditions

7.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.

If you are an entrepreneur, delivery and shipment are at your own risk.

8.Statutory warranty rights

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

9. Termination

9.1. Information on the termination of the contract and the terms of termination can be found in the regulations on "Assembly Services" in our General Terms and Conditions (Part I) and in the respective offer.

These terms and conditions and customer information were drafted by the IT law specialists at the Händlerbund (German Retail Federation) and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/de/services/legal certainty/terms and conditions service.

Last updated: October 22, 2024