General terms of business of
Longo Deutschland GmbH

Contract terms for purchase contracts which are concluded using the platform between Longo Deutschland GmbH (hereinafter known as the “Supplier”) and the customer named in § 1.2 of the contract (hereinafter known as the “Customer”).

§ 1 Scope, definitions
  1. The following general terms of business in the version in form at the time at which the order is placed shall apply to the business relationship between the web shop supplier, Longo Deutschland GmbH (hereinafter known as the “Supplier”) and the customer (hereinafter known as the “Customer”). Other terms and conditions issued by the Customer shall not be accepted unless the Supplier expressly agrees to them in writing.
  2. The Customer shall be a consumer if the ordered goods and services are not for the purposes of his commercial or freelance professional activities. On the other hand, any private individual or legal entity or legal partnership which concludes the contract as part of their commercial or freelance activities shall be deemed to by a Company.
     
§ 2 Contract conclusion
  1. The Customer can select products from the range offered by the Supplier, in particular print products and collect them in a so-called shopping cart using the “Place in shopping cart” button. By clicking on “Submit order” he then places a binding order to purchase the goods in his shopping cart. Before submitting the order the Customer can edit and review the data at any time. The order can only be submitted and transmitted, however, if the Customer clicks on the checkbox for “Accept general terms of business” to accept these contract terms and therefore include them in his order.
  2. The Supplier will then send the Customer an automatic confirmation of receipt by email in which the Customer’s order is set out again and which the Customer can print using the “Print” function. The automatic confirmation of receipt only documents that the Customer’s order has been received by the Supplier and does not constitute any acceptance of the order. The contract shall not be concluded until the Supplier accepts the order, a process which is carried out in a separate email.
     
§ 3 Delivery, availability of goods
  1. If there are no copies of the product he has selected available at the time of the order, the Supplier shall notify the Customer of this in the order confirmation. If the product is permanently unavailable, the Supplier shall not send any confirmation of acceptance. In this case no contract shall be concluded.
  2. If the product specified by the Customer in the order is only temporarily unavailable, the Supplier shall also notify the Customer of this without delay in the order confirmation. In the event of a delay in obtaining a fresh supply of products which last for more than two weeks, the Customer shall be entitled to withdraw from the contract. In addition in this case the Supplier shall also be entitled to cancel the contract. In this case any payments that have been made by the Customer shall be returned without delay
     
§ 4 Reservation of title

The supplied goods shall remain the property of the Supplier until payment has been made in full.

§ 5 Prices and shipment costs
  1. All the prices quoted on the Supplier’s website shall be inclusive of the appropriate value-added tax.
  2. The shipment costs for the goods shall be quoted to the Customer in the order form and shall be payable by the Customer.
  3. The goods shall be shipped by parcel service. If the Customer wants the goods to be insured, he must indicate this by selecting the appropriate method of shipment in his order. The additional costs incurred as a result shall be shown on the order form and are payable by the Customer.
     
§ 6 Methods of payment
  1. The Customer may pay for the goods by credit card or EC card.
  2. The Customer can change his method of payment in its user account at any time before the contract is concluded.
  3. The purchase price shall be payable immediately after the contract has been concluded. If payment is not made by the financial institution concerned, this shall put the Customer in default. In this case he must pay the Supplier default interest at a rate of 5 percentage points above the base interest rate.
  4. The obligation on the part of the Customer to pay default interests shall not exclude the possibility of other default damages being claimed by the Supplier.
     
§ 7 Warranty for defects, guarantee
  1. The Supplier shall be liable for defects under the statutory regulations that apply to this area, in particular §§ 434 ff of the German Civil Code. The warranty undertaking in dealings with companies shall be 12 months for the goods supplied by the Supplier.
  2. The goods supplied by the Supplier shall only be covered by a guarantee if such a guarantee has been expressly given in the order confirmation for the article concerned.
     
§ 8 Liability
  1. Claims on the part of the Customer for compensation shall be excluded. The exception to this rule shall be compensation claims on the part of the Customer for death, physical injury, damage to the health or due to the breach of important contract duties (cardinal duties) and also liability for other damages caused by a malicious or grossly negligent breach of duty by the Supplier, his legal representatives or agents. Important contract duties are those whose fulfilment is essential in order to achieve the objective of the contract.
  2. In the event of a breach of important contract duties, the Supplier shall only be liable for foreseeable damages typical for this type of contract if the damage was caused by negligence unless the Customer’s compensation claim relates to death, physical injury or damage to health.
  3. The restrictions of paragraphs 1 and 2 also apply to the supplier’s legal representatives and agents if claims are made directly against them.
  4. The regulations of the Product Liability Law shall not be affected
     
§ 9 Right of the Consumer to cancel
  1. If the customer is a consumer and if he has concluded a contract with the supplier by the exclusive use of telecommunications equipment, in particular telephone, email or fax, or if he has concluded a contract using the supplier’s website, he shall be entitled to cancel his declaration of intent relating to the conclusion of the contract within two weeks without having to give any reasons. This period shall commence at the latest on the day after receipt of the goods if the customer has received this information about his right to cancel in written form by this date. The cancellation can be completed by returning the goods to the supplier’s address (Longo Deutschland GmbH, Ammannstraße 12, 86167 Augsburg) or by sending notification in writing to the supplier. The prompt sending of the cancellation or the goods shall be sufficient for meeting this deadline.
  2. Goods which can be sent by parcel mail are to be returned at our expense and risk to the supplier’s address: Longo Deutschland GmbH, Ammannstraße 12, 86167 Augsburg. Contrary to this, the customer shall pay the normal cost of returning the goods if the gross purchase price of the goods being returned does not exceed EUR 40.00 or if the price is higher the customer has not made the payment or part of the payment at the time of the cancellation unless the goods are not the ones that were ordered.
  3. In the event of an effective cancellation, the supplier shall reimburse any purchase price that has already been paid to the customer. If the customer cannot return the goods or services received in full or in part or can only do so in deteriorated condition, he shall be liable for compensation even if the deterioration in condition is due to the goods having been used for their design purpose. The reduction in value may amount to the full purchase price. The customer can prevent any reduction in value in particular by not using the goods as if he were the owner and by not taking any action which may reduce their value.
     
§ 10 Information about data processing
  1. The Supplier collects the Customer’s data as part of the process to fulfil the Customer’s contracts. He observes the regulations of the German Federal Data Protection Law and the Telemedia Law in this respect. Without the consent of the Customer the Supplier shall only collect, process or use the Customer’s personal and user data as far as is necessary for the fulfilment of the contract and for using and billing teleservices.
  2. Without the consent of the Customer the Supplier shall not use the Customer’s data for purposes of advertising, market or opinion research.
  3. The Customer can view, edit or delete his data stored in the system at any time by clicking on “My Data” in his profile. In addition reference is made to the data protection notice set out on the Supplier’s website for details of Customer’s consents and other information relating to data collection, processing and use. This notice can be opened in printable form at any time by clicking on “Data protection”.
     
§ 11 Concluding provisions
  1. The law of the Federal Republic of Germany with the exclusion of the United National Convention on Contracts for the International Sale of Goods shall apply to contracts between the Supplier and the Customer.
  2. If the Customer is a businessman, a legal entity under public law or a public law special fund, the place of jurisdiction for all disputes arising from contract relationships between the Customer and the Supplier shall be the registered office of the Supplier.
  3. The remainder of this contract shall remain in force even in the event of the legal invalidity of individual points of it.

 
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