Terms and Conditions
§ 1 Validity
These terms and conditions are designed to govern the contractual terms for all the transactions to be conducted between all customers and the Luger Optik UG i. Gr. (hereafter "we").The following terms and conditions apply to all Business relations of the company Luger Optik UG i. Gr., business address: 50858 Cologne, Court of Registration: Cologne: HRB 56261, Managing Director: Amit Gormanns.
Registered office details:
In our web shop www.luger-optik.de the customer will confirm the order process, read the terms and conditions and recognize them explicitly and without that a further explanation is required. Different conditions made by the customers will not be considered valid. All exceptions must be approved in written form by Luger Optik UG i. Gr.
§ 2 Contract Conclusion
The offers on our web site are intented to be product and price information only and do not present a legal offer. In case of non-availability we are therefore not obligated to deliver.
A legally binding contract is first concluded when we accept the customer order by means of a separate order acceptance, a dispatch confirmation or by delivering the ordered items. We like to draw attention to the fact prepaid items will be delivered only after we received the full payment amount in our account.
In case the ordered items are not available we are legitimated to deliver articles of comparable qualities and prices, after the customer has declared his acceptance of this article change.
The contract is not concluded by the automatic e-mail confirming the receipt of the order.
§ 3 Offers, prices and delivery costs
The prices shown in the web shop are final prices, which means that they include the respectively valid statutory VAT as well as other price components.
Possible delivery costs will be added. These delivery costs depend on purchase price, weight of the ordered articles and on the delivery address. In addition to the stated prices we charge a flat rate for delivery within Germany 3.95 EUR per shipping address. The shipping costs will be communicated to you on the product pages in the shopping cart system and on the order page again.
We take care that the offered articles, especially pictures, article descriptions as well as prices are free of mistake. We hereby declare that typing errors related to pricing are not binding.
§ 4 Delivery
Our products are shipped worldwide.
Shippment is done via UPS. Within Germany the products will arrive within two to three working days after we received the payment. Outside of Germany the products will leave our warehouse not later than one working day after payment has been effected and will arrive at their destination in accordance with the UPS delivery times.
§ 5 Payment
You can use the following payment methods when placing orders via our web shop: PayPal or payment in advance.
When choosing payment in advance please transfer the payment amount on our account by using account no. and bank code for German transfers. For orders coming from other countries in Europe, please transfer the invoice amount by using IBAN and SWIFT. The invoice amount should reach the Luger Optik UG account within ten days after the order has been placed. The delivery dates become valid and the reserved items will be delivered as soon as the amount reaches our account.
The customer has a right to set off only if his counterclaims have been legally established in court or are undisputed or acknowledged written by us.
The customer can only exercise his right of lien as far as the claims arise from the same contract.
§ 6 Power of revocation
Right of withdrawal
You may cancel your contract within 14 days without statingreasons in writing (i.e. letter, fax, e-mail) or if the goods are (delivered) handed out to you before the deadline, by returning the goods. The time limit begins after receipt of this notification in writing but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods before the arrival of the first part delivery) and also after fulfillment of our obligations in accordance with Article 246 para 2 in association with § 1 section 1 and 2 EGBGB and our obligations in accordance with § 312g Section 1 Clause 1 BGB in association with article 246 § 3 EGBGB. It is sufficient to send the withdrawal or the goods back before the revocation period expires. The goods must be sent to:
Consequences of withdrawal
In case of an effective revocation the mutually received benefits and the from us received gains (eg interest) are to be given back. If you can not give us back the received goods as a whole or in part, or only in deteriorated condition, you have to pay us compensation for the value. If the deterioration of the goods is based solely on their examination - as it would have happened in a store - no compensation is to be paid. Anything that is eligible for shipping can be send to us at our risk.
If you are outside of Germany, you have to bear the cost of the return if the delivered goods are in accordance to the ordered goods.
You have to bear the cost of the return if the delivered goods are in accordance to the ordered goods and if the price of the returned goods does not exceed 40 Euros or if you did not fullfill your part of the contract at the time of your revocation of the contract. Otherwise, the return is free for you.
If the goods can not be send back as a parcel they will be picked up by us. Obligations to reimburse payments must be fulfilled within 30 days. The time limit begins for you with the dispatch of your revocation or a parcel with the goods. For us it begins with their reception.
End of Right of withdrawal
§ 7 Retention of title
The delivered goods remain - until full payment - the property of Luger Optik UG.
§ 8 Warranty
If the goods - at the time of transfer of risk – do not correspond to the agreed quality, we can choose whether we supply a repaired product or replacement product.
For both the case of repair and in case of delivery of a replacement product, the customer is obliged to send the product at our expense to the specified return address, stating the order number.
If the repair or replacement within a reasonable period of absence is entitled to the customer, reduce the purchase price or, if not just a minor defect, the contract. The customer must give us three attempts to rectify this. This does not apply if repeated attempts are unreasonable in a particular case or we refuse to remedy unjustified or unreasonable delay.
Except in the case of fraudulent concealment of a defect, the warranty shall terminate 12 months from delivery.
§ 9 Liability
We are unlimited liable for intentional or grossly negligently caused damage.
In the case of simple negligence, we shall only be liable if essential contractual obligations (cardinal obligations) have been violated. We are also liable for negligence in case the damage is a manageable risk of us alone. In both cases, the damages to the existence and the amount is limited to damages, the occurrence of contract completion under the circumstances known that at that time was reasonably foreseeable. The compensation for pure economic loss or loss of profits given by the general principles of good faith is limited, such as when the loss amount is disproportionate to the amount of compensation for products beyond.
Excluded is the personal liability of legal representatives, agents and employees is the provider for damages they have caused negligently.
We remain fully liable for fraudulent concealment of a deficiency or acceptance of a guarantee Competing claims in tort, the provisions of this clause shall apply accordingly. We exclud further liability.
These liability restrictions do not apply to damage to life and limb and for claims under the law of product liability.
§ 10 Change in the terms
We reserve the right to change or to amend these terms and conditions in the future. We will inform the customer by e-mail in case of any changes or additions. If the customer does not contradict these changes or additions within four weeks, they will be deemed approved. For new customers, the terms and conditions apply immediately.
§ 11 Applicable law, place of jurisdiction
All legal transactions or other legal relations with us are subject to the law of the Federal Republic of Germany. We want to draw to attention the fact that the UN Purchase Law (CISG) and any other inter-country agreements, do not apply.
The place of jurisdiction for all legal disputes in relation to these terms and conditions and individual contracts concluded within their scops shall be that of our registered office in Cologne, Germany.
§ 12 Severability clause
Should one or more of the provisions in these terms and conditions be invalid in whole or in part or lose its legal effect at any time in the future, the validity of the remaining provisions in these terms and conditions shall not be affected.