Lesaro Silberdesign
Andreas Leistritz, Richtweg 25, D - 90530 Wendelstein

The following Terms and Conditions are for informational
purposes only and do not act as a basis of such.


§ 1      Applicability
§ 2      Conclusion of the contract
§ 3      Delivery and dispatch conditions
§ 4      Prices, maturity and payment
§ 5      Title retention
§ 6      Revocation instructions – Revocation and right of return
§ 7      Liability for faulty goods / Guarantee
§ 8      Liability
§ 9      Protection of data privacy
§ 10    Concluding provisions

 

§ 1 Applicability

(1) The general Terms and Conditions apply to all orders over the web pages of Lesaro Silberdesign, Andreas Leistritz (in the following: Lesaro Silberdesign) in the respective, if the customer has his invoice address in Germany at the time of the completion of a contract.
The customer confirms with his/her order that he/she has taken note and approves of the following GTCT of Lesaro Silberdesign.

(2) Our general Terms and Conditions are exclusively valid. Conditions of the customer standing contrary or deviating from our business conditions will not be acknowledged, unless Lesaro Silberdesign has particularly agreed to this in writing to each individual case.

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§ 2 Conclusion of the contract

(1) The representation on callable computers through the Internet of the assortment from Lesaro Silberdesign does not represent an offer in the sense of § § 145 ff BGB. It is subject to alteration and non-committal.

(2) Placing an order by e-mail to Lesaro Silberdesign, an offer is placed on conclusion of a sales contract with Lesaro Silberdesign in the sense of  §§ 145 ff BGB . The customer receives an acknowledgment of the receipt of the order per e-mail (Ordering confirmation). This purchase order response does not represent any acceptance of the offer but only informs the customer that the order has been received by Lesaro Silberdesign. If necessary, Lesaro Silberdesign will point out possible faults in the details of the assortment on the web site to the customer and present a corresponding counteroffer to him.

(3) The contract with Lesaro Silberdesign concludes if Lesaro Silberdesign accepts this offer by shiping the ordered product to the customer and confirms shipment to the customer vis a second e-mail (dispatch confirmation). No contract of sale will conclude for products from one and the same order which are not listed in the dispatch confirmation.

(4) The acceptance is carried out under the reservation of the legal tolerance and the availability of the ordered goods or performance, particularly the self supplying. If Lesaro Silberdesign cannot accept the order of the customer, the customer will be informed of the non-availability instead of an ordering confirmation. Services produced already by the customer will be refunded immediately.

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§ 3 Delivery and dispatch conditions

1) Lesaro Silberdesign will deliver the ordered product(s) to the address, indicated by the customer in the order, as quickly as possible. Lesaro Silberdesign is at any time entitled to partial deliveries and partial performances provided these are reasonable for the customer. Provided that partial deliveries are carried out by Lesaro Silberdesign, Lesaro Silberdesign will cover the additional postage costs.

(2) Details of the expected delivery period are non-committal, unless in the individual case of Lesaro Silberdesign assigning to an obligatory promise towards the customer in writing.

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§ 4 Prices, maturity and payment

(1) All given prices are in euro and contain the legal value added tax. Prices are valid at the time of ordering. Lesaro Silberdesign bills for postage costs separately.

(2) The purchase price is due immediately and without discount at time of ordering. The payment of goods can be made by prepayment, direct debit or cash on delivery (C.O.D.). Payment by C.O.D is only available to shipping addresses within the Federal Republic of Germany.

(3) In the case of non-payment or return of a debit note, the customer hereby authorizes irrevocably his bank to inform Lesaro Silberdesign of his names and his current address. Possible return debit note charges will be billed to the customer if he is resposible for such returns.

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§ 5 Title retention

Lesaro Silberdesign reserves the right of property until the receipt of all payments from the sales contract. The customer has to inform Lesaro Silberdesign immediatly in writing of all access of third parties, in particular of execution measures as well as other impairments of his property. The customer has to replace all damages and costs towards Lesaro Silberdesign which arises from a violation of this obligation and from required intervention measures against access of third parties. Should the customer behave in breach of contract agreement, particularly if the customer does not meet his financial obligation despite a reminder from Lesaro Silberdesign, Lesaro Silberdesign can step down from the contract after a previous adequate deadline and require the handing over of the product(s) being still within his property. A resignation of the contract is given through the withdrawal of the goods or distraint by Lesaro Silberdesign. The customer carries the transportation costs arising. Lesaro Silberdesign is authorized to the utilization of the product upon receipt. The utilization proceeds - less adequate utilization costs - are imputed on liabilities to the customer.

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§ 6 Revocation instructions, revocation and right of return

Revocation Instructions

Revocation
The customer is authorised to revoke his declaration of intent after completion of contract within 14 days upon receipt of products in writing (e.g. letter, e-mail, fax) or by return of the product(s) to Lesaro Silberdesign. The deadline begins, at the earliest, with receipt of this instruction and not before receipt of the products.

The preservation of the revocation period is obtained by the punctual despatch of the product or the despatch of the revocation. (postmark, fax, email) to:

Lesaro Silberdesign
Andreas Leistritz
Richtweg 25
D-90530 Wendelstein
Germany

Fax.    +49 (0) 91 29 / 90 56 254

eMail: info@lesaro.eu
 

Revocation Consequences
In the case of an effective revocation, benefits received on both sides have to be returned and uses drawn refunded if necessary. The customer is liable to provide a value substitute if he can not, or only in deteriorated condition, completely or partly return the received product(s). This does not apply to the cession of objects if the deterioration of the object can be explained exclusively by examination as it would have been possible for the customer in a retail shop. The customer can avoid compensation claims if he refrains from handling and using the product resulting in a loss of value.

Dispatchable goods can be returned at our expense and risk. The consumer has to bear the costs of the return if the delivered items correspond to the original order and the price of the items to be returned did not exceed an amount of 40 Euros. This is excempt for orders exceeding 40 Euros if the consumer has made no type of settlement at the time of the revocation. The return is otherwise free of charge. Non-dispatchable items will be collected.

End of the revocation instruction

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§ 7 Liability for faulty goods / Guarantee

Liability for faulty goods / Guarantee

(1) We ensure that the delivered product(s) are free of defects and manufacturing faults at the time of passage and have the assured qualities by contract.

(2) We do not take on any liability for defects or damages which have arisen from an improper use or careless treatment.

(3) Consumers have the choice, whether a supplementary fullfilment by improvement or substitute delivery shall be made. We are authorized to refuse the chosen supplementary fullfilment if the costs are unproportional or are at a considerable disadvantage to the consumer. For Wholesellers we compensate defects of the product at the seller's option through improvement or substitute delivery.

(4) Should the supplementary fullfilment fail, the customer can demand reduction of the selling price, cancellation of contract or compensation. If the customer chooses compensation, then the limitations of liability are in accordance with § 9 of this GTC. However, slight imperfections do not entitle the customer to rights of complete withdrawal.

(5) The guaranteed period for consumer is 2 years, for Wholesellers 1 year after delivery of the product.

In the case of guarantee, criticism or complaints, please contact:

Lesaro Silberdesign
Andreas Leistritz
Richtweg 25
D-90530 Wendelstein
Tel.:    +49 (0) 9129 / 90 56 253
Fax.    +49 (0) 9129 / 90 56 254
E-Mail:  info@lesaro.eu
Internet: www.lesaro.eu

 

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§ 8 Liability

 (1) Lesaro Silberdesign is unrestrictedly liable for damages caused deliberately or negligently, when cunningly hiding defects, by adoption of a composition guarantee as well as for bodily damages. The regulations of the product liability law remain unaffected.

(2) Lesaro Silberdesign is only liable for other damages which are caused by a simple negligence provided that a duty is neglected, the compliance is for the attainment of the contract purpose of special importance (cardinal duty) and provided that the damages are typical and foreseeable due to the contractual use of the product. Liabilities for compensation beyond this, particularly for damages which have not arisen through the delivery items themselves, for escaped profit or other fortune damages are excluded. As far as the liability of Lesaro Silberdesign is excluded or restricted, this also applies to the personal adhesion of the employees, representatives and fulfilment assistants.

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§ 9 Protection of data privacy

(1) Elevation, processing and use of person-related data.
Lesaro Silberdesign is obliged to protect the privacy of all persons purchasing in the shops operated by Lesaro Silberdesign and deal confidentially with the person-related data. Basis for this are the respectively prevailing legal regulations, like the Federal Data Protection Law (BDSG) and the telecommunications laws of the Federal Republic of Germany. The data received by the customer will be primarily compiled, processed and used for transactions, further details can be found in the data protection information under privacy policy. Only through customer consent can Lesaro Silberdesign make use of data for advertising, market or opinion research purposes. The customer has the right to revoke this consent at any time.

(2) Correction, inhibition and deletion of person-related data.
Customers of Lesaro Silberdesign can see and amend their own user information any time after registration in the protected area of the home page. For the deletion of user information, Lesaro Silberdesign customers can contact  datenschutz@lesaro.eu .

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§ 10 Concluding provisions

Contracts comprising this GTCT are subject to German law under exclusion of a possible further reference to a foreign law. UN Purchase Right is not applied.