Terms of Service

§ 1. General

(1) These terms and conditions apply to all contracts, deliveries and other services provided by Mr. Hartmut Rüffer (hereinafter: “Seller”), relating to the online shop and all sub-domains belonging to the domain. Deviating customer regulations do not apply unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority.

(2) The business relationships between the seller and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The validity of UN purchasing law is excluded.

(3) The contract language is German.

(4) The place of jurisdiction is Munich if the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the domicile or habitual abode is not known at the time the action is filed.

(5) We deliver to the following countries: EU, Switzerland, GB and USA

(6) Customers have the option of using alternative dispute resolution. The following link from the EU Commission (also known as the OS platform) contains information about online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online purchase contracts: ec.europa.eu/consumers/odr.

§ 2 Content of contract and conclusion of contract

(1) The seller offers customers new goods, especially lamps, for sale in the online shop.

(2) When shopping in the online shop, a purchase contract is concluded when the seller accepts the customer’s order. Price labels in the online shop do not represent an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by e-mail. As part of the purchase via the online shop, the goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to call up the “shopping cart” and make changes there at any time.

After calling up the “Checkout” page and entering your personal data as well as the terms of payment and shipping, all order data are then displayed again on the order overview page. Before sending the order, you have the option of checking all the information again, changing it (also using the “back” function of the internet browser) or canceling the purchase.

(3) The customer also has the option of inquiring about a specific item by telephone, e-mail or letter from the seller. After receiving such a request, the seller will submit a corresponding offer to the customer by e-mail, letter or fax. A contract is only concluded when the customer accepts this offer.

(4) The contract text is saved. However, it is not accessible to the customer.

§ 3 Prices, shipping costs, sales tax and payment

(1) For orders via the online shop, the prices stated there apply.

(2) The prices do not include VAT. Shipping and packaging costs that will be announced to the customer before placing the order.

(3) The delivery of the customer by the seller takes place according to the customer’s request against the following payment methods: payment in advance (by bank transfer), payment on account, by Paypal or credit card payment.

If the customer chooses advance payment by bank transfer, the payment is due no later than 3 calendar days after the conclusion of the contract.

In the case of delivery on account, payment is due no later than 7 calendar days after invoicing.

If payment is made by cash on delivery, the purchase price plus Shipping costs and cash on delivery fees are due upon delivery and presentation of the cash on delivery slip by the commissioned transport company.

(4) If a customer defaults on his payment obligations, the seller can demand compensation in accordance with the statutory provisions and/or withdraw from the contract.

(5) The seller always issues an invoice to the customer, which is handed over to him upon delivery of the goods or otherwise received in text form.

§ 4 Delivery and Passing of Risk

(1) Unless otherwise contractually agreed, the ordered goods will be delivered to the address specified by the customer. The delivery takes place directly from the manufacturer.

(2) The availability of the individual goods is indicated in the item descriptions. The goods are usually made-to-order items, which are made after the order has been placed and confirmed by the seller. Any indication of a delivery date is therefore non-binding and therefore does not constitute any warranty claims or claims for damages in the event of an overrun. If the delivery time is extended by more than 3 months, the buyer can withdraw from the contract after setting a deadline of at least 14 days in writing.

(4) The risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is already transferred to the forwarding agent, carrier or other person responsible for carrying out the shipment when the goods are delivered.

§ 5 Retention of title

The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or self-employed professional activity, also beyond that from the ongoing business relationship until settlement of all claims that the seller has in connection with entitled to the contract.

§ 6 Right of retention

The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 7 Liability for Material and Legal Defects

(1) If there are defects, the customer is entitled to the statutory warranty rights in accordance with the following provisions.

If only merchants are involved in the contract, §§ 377 et seq. HGB shall also apply.

(2) Damage caused by improper actions by the customer during installation, connection, operation or storage of the goods do not justify a warranty claim against the seller.

(3) The customer must notify the seller of defects within a warranty period of two years for new items or one year for used items.

If the customer is an entrepreneur, the warranty period for new items is one year. In the case of used items, the warranty for entrepreneurs is excluded.

The above limitations of liability do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and not for claims for damages by the customer which are aimed at compensation for bodily injury or damage to health due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault on the part of the seller or his vicarious agents.

(4) If there are defects and if these were asserted in good time, the seller is entitled to supplementary performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the statutory provisions apply.

§ 8 Information obligations in the event of transport damage

If goods are delivered with obvious damage to the packaging or the contents, the customer should complain immediately to the carrier/freight service without prejudice to his warranty rights (§ 7) and immediately by e-mail or other means (fax/post) to the seller Contact them so that they can protect any rights they may have against the freight forwarder/freight service.

§ 9 Disclaimer

(1) Apart from liability for defects in quality and title, the seller is liable without limitation if the cause of the damage is based on intent or gross negligence. He is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the customer regularly relies) , but only for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned above.

(2) The limitations of liability in the preceding paragraph do not apply in the case of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

(3) If the seller’s liability is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.

Right of withdrawal

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must inform Hartmut Rüffer of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample revocation form for this, but this is not mandatory.

You can also electronically fill out and submit the model cancellation form or any other clear statement on our website. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that 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 have), 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 use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

withdrawal form

If you want to revoke the contract, please fill out this form and send it off: