These terms and conditions of sale shall only apply vis á vis entrepreneurs, governmental entities, or special governmental estates within the meaning of sec. 310 para. 1 BGB (German Civil Code).
These terms and conditions of sale shall apply exclusively. Differing or contrary terms shall not apply except if expressly agreed upon in writing.
These terms and conditions of sale shall also govern all future transactions between the parties and shall also apply if we perform delivery despite our knowledge of differing or contrary terms.
2. Contracting parties; Conclusion of agreement
The purchase agreement is concluded with Lehmann Präzision GmbH.
By placing products in the online shop, we issue a binding offer to conclude an agreement regarding these items. You can begin by adding our products to your basket, which is non-binding; before submitting your binding order you can correct your entries at any time using the tools provided and explained during the ordering process. The agreement is concluded when you accept the offer regarding the goods contained in the basket by clicking on the order button. Immediately after submitting your order, you will receive an additional confirmation via email.
3. Language of the agreement; Storage of the text of the agreement
The available languages in which the agreement may be concluded are German, English and French.
We will store the text of the agreement and send you the order details and our General Terms and Conditions via email. You can view the text of the agreement in our customer login area.
4. Delivery conditions
Shipping costs are payable in addition to the product prices displayed. More information on shipping costs will be provided to you with the offers.
As a general rule, we provide our goods via shipping. A self-collection of goods is only possible, if this mode of dispatch has been selected during the ordering process. Even when a self-collection was chosen, we will charge packaging costs, as mentioned below.
Delivery and packaging costs inland:
- Delivery costs inland: 7 € plus value added tax
- Packaging costs: 6.50 € plus value added tax and charged additionally
Delivery and packaging costs abroad:
- Finland/Latvia//Lithuania/Estonia//Norway/Portugal/Spain: 30€ plus VAT and 6.50 € additionally for packaging
- Benelux/Denmark/Austria/Czechia: 20 € plus VAT and 6.50 € additionally for packaging
- France/Italy/Poland/Sweden/Slovakia/Slovenia//Hungary/Great Britain: 20€ plus VAT and 6.50 € additionally for packaging
- Croatia/Bulgaria/Romania/Serbia: 36€ plus VAT and 6.50 € additionally for packaging
- Switzerland/Lichtenstein: 45€ plus VAT and 6.50 € additionally for packaging
- Australia: no shipment, only collection by the customer, plus 6.50€ packaging costs
All import charges and duties will be at the receiver’s expense.
We do not deliver to self-service parcel terminals (Packstation).
The risk of accidental loss or accidental deterioration of the goods transfers to you as soon as we have dispatched the goods.
If you choose advance payment as your payment method, we will provide you with our bank details in a separate email and will deliver the goods following receipt of your payment.
You provide us with your credit card information when you submit your order. Immediately after conclusion of the agreement, and once you have presented proof that you are the legal cardholder, we will request that your credit card company initiate the transaction. The transaction will be carried out automatically by the credit card company and your card will be charged.
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must have or create a PayPal account, identify yourself with your login details and confirm the payment order addressed to us. Following submission of your order in the shop, we will request that PayPal initiate the transaction. The transaction will be carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
After submitting your order, you will be redirected to the website of the online provider Sofort. In order to pay the invoice amount via Sofort, you must have an online banking account for which Sofort transfers and PIN/TAN authentication are enabled, and must identify yourself with the corresponding details and confirm the payment order addressed to us. You will receive further information during the ordering process. The transaction will be carried out by Sofort immediately afterwards and your account will be charged.
For purchase on invoice the prior approval by Lehmann Präzision GmbH is required.
6. Retention of ownership
We retain ownership of the goods until all outstanding payments arising from our current business relationship with you have been fully settled. You may resell the goods subject to retention of ownership as part of your normal business operations; all accounts receivable arising from this resale shall be assigned to us in advance – independently of any assembly or combination of the goods subject to retention and a new item – to the amount of your outstanding payment, and we shall accept this assignment. You remain authorised to collect the receivables.
We are entitled to revoke this authorisation if your payment is delayed by at least 1 week. If we do so, you are obliged, upon our request, to disclose the assignment and provide us with the information and documents necessary for collection of the receivables.
If the goods are processed by the customer to create a new item, the processing shall take place for us. If the goods are processed, combined or transformed with other goods, we shall acquire co-ownership of the new items which result, proportionately to the invoice value of the goods delivered by us as against that of the other goods at the time of processing. The customer shall hold the new items for us free of charge. In all other cases, the resulting product shall be subject to the same conditions as the goods delivered subject to retention of ownership.
German legislation concerning liability for defects applies, with the proviso that we may initially choose whether supplementary performance shall take the form of remedying the defect (repair) or by delivering a defect-free item (substitute delivery). This does not affect our right to refuse the chosen type of supplementary performance under the statutory conditions. Damages claims are only possible under the conditions set out in section 8.
Supplementary performance does not include the removal of the defective item or the reinstallation, if we were not originally obliged to perform installation. We are obliged to bear the expenses necessary for the purpose of supplementary performance, insofar as these are not installation or removal costs.
Warranty claims are subject to the condition that you provide us with written notification of obvious defects immediately, and at the latest within 1 week following receipt of the goods. Other defects which cannot be discovered within this period, in spite of careful inspection, must also be reported to us in writing immediately following discovery. In the case of a bilateral commercial transaction, your claims for defects are subject to the condition that you have fulfilled your statutory duties to inspect and give notification of defects in accordance with Section 377 of the German Commercial Code (HGB).
The limitation period for claims for defects is 12 months from the time of delivery. Damages claims in accordance with section 8 are exempt from this proviso and are subject to the statutory limitation periods. A damages claim arising from a breach of the supplementary performance obligation in accordance with Sections 437 No. 1, 439 of the German Civil Code (BGB) is only possible in the event that, within the 12-month limitation period, both a) the customer requested the supplementary performance and b) we breached our supplementary performance obligation.
The statutory special provisions concerning final delivery of the goods to a consumer remain unaffected in all cases (supplier's recourse in accordance with Sections 478, 479 of the BGB).
Any warranties given are unaffected by the present section 7. Information on any additional warranties which may apply, and their precise conditions, can be found associated with the individual products and on dedicated information pages in the online shop.
For claims arising from damages caused by us, our legal representatives or auxiliary persons, we always assume unlimited liability:
o in the event of injury to life, body or health,
o in the event of an intentional or grossly negligent breach of obligation,
o in the event that a warranty is agreed, or
o within the scope of the German Product Liability Act.
In the event of a breach of essential contractual obligations, where the proper execution of the agreement depends on fulfilment of these obligations and where the contracting party should regularly be able to rely on compliance with these obligations (material obligations), arising from a slight degree of negligence on our part or on the part of our legal representatives or auxiliary persons, the liability is limited in amount to the damage which was foreseeable at the time the agreement was concluded and which is typically to be expected. In all other cases, no entitlement to damages exists.
9. Final provisions
German law applies, to the exclusion of the UN Sales Convention.
If you are a merchant as defined by the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising from the contractual relationship between us and you shall be our principal place of business. However, we are alternatively entitled to bring an action against you at your general place of jurisdiction or at that of your place of business.