terms and conditions
Your use of and purchase of products from this site is governed by the terms and conditions set out below, and as set out under Security, Copyright, and Shipping Information. We recommend you also read our Privacy policy. You can print the full terms and conditions by selecting the print option in the File menu of your browser. We may at any time make changes to this site and the details displayed on it (including prices). The following conditions apply to all sales and deliveries, unless otherwise agreed upon in writing. Conditions stipulated by customers are valid only if we have agreed to them in writing. 1. OFFERSOffers are subject to confirmation. A contractual agreement comes into existence only after we have confirmed an order in writing, or once delivery has been effected. With regard to illustrations and descriptions, we reserve the right to make alterations in construction, design and shades of color as long as the object in question is not substantially changed or improved and said change is deemed acceptable for the customer. 2. DELIVERY TIMESDelivery times are based on individual agreements. We reserve the right to partial deliveries. A separate invoice can be issued for each partial delivery. On call orders must be placed at least four weeks before the desired date of delivery. 3. FORCE MAJEUREForce majeure, production disruptions, strikes and other hindrances that we are not responsible for either at our place of business or that of our suppliers exempt us from the obligation to make delivery for the duration of the disturbance, or its consequences. 4. DISPATCHGoods will be dispatched at our discretion. Deliveries are made at the cost of the customer ex works Loerrach, Germany. 5. TRANSFER OF RISKAs soon as goods have been turned over, either to the transport company or to the client, the risk of accidental destruction or deterioration becomes the responsibility of the client. Should a client be unable to take immediate charge of goods which are ready for dispatch, we will store them at the client's costs. The charge for storage is 1% of the amount invoiced per month. The storage charge can be increased or decreased if higher or lower expenditures can be proven either by us or by the client. 6. PRICES and PAYMENTUnless otherwise stated, prices include packaging. In the case of a price change when the period of time between the contract being signed and delivery exceeds six weeks, the valid price will be the listed price on the day of delivery.
Delivery will be charged in addition, and any such additional charges are clearly displayed where they apply. The prices for goods displayed for sale on this site are exclusive of VAT. LexViola cannot accept your order until you have paid for it in full (including applicable delivery charges). Upon payment, we will confirm acceptance of your order by e-mail which will be sent to the e-mail address you provide on your order details. Whether or not you receive the e-mail, our acceptance of your order will create a legally binding contract between us. We reserve the right not to supply you at our discretion. 7. OWNERSHIPWe maintain the right of ownership of goods supplied by us until the client has met all demands and claims resulting from his business relationship with us. In connection with other goods, we acquire joint ownership of the additional goods in proportion to the amount of the invoice which corresponds to the goods with reserved proprietary rights.
As a safeguard, the client relinquishes his right to the resale of goods with reserved proprietary rights to us in advance. As long as the client fulfills his obligations to us, he may dispose of goods with reserved proprietary rights in a normal business fashion and collect assigned claims himself. Clients may transfer ownership as security, pledge goods or assign claims only with our written permission. We must be immediately notified if third parties have access to goods with reserved proprietary rights. In the case of breach of contract on the part of the client, in particular when caused by delayed payment, the customer is obliged to return goods with reserved proprietary rights to us upon our request or to provide us with information about any assigned claims and furnish us with all necessary documentation for the collection of assigned claims. The retraction of reserved proprietary rights does not amount to annulment of the contract. If the value of the security for our claims surpasses 10%, we will release securities of our choice if the client so desires. 8. RIGHT OF REVOCATIONEnd consumers have a cancellation right at the time of delivery. In accordance with the German Fernabsatzgesetz (Telesales Statute) consumers have the right to retract their order without reason within two weeks after receipt of the goods. The cancellation can be in writing or the goods can simply be returned. It is sufficient to dispatch the goods to Henning von Schultzendorff, Bachgasse 6, 79588 Efringen-Kirchen, Germany within the two week period.
We will exchange or refund any unused items returned to us, as sold in their original condition, in their original saleable packaging with the Sales Invoice received with your order. When canceling an order, the consumer is responsible for the return postage. Goods manufactured to customer specifications are likewise exempt from the right of revocation.
Refunds will be paid within 30 days of receipt of the returned order.
Deliveries to merchants are governed by the German Commercial Code (HGB). 9. GUARANTEESMaterial defects to goods delivered by us are covered by guarantee. Our guarantees are in accordance with legal requirements, with the proviso that clients are entitled to repair of the goods covered by the guarantee. At our discretion we will either repair, or exchange, defective parts. If the repair work is not successful, the client has the right to cancel the contract or request a reduction in price. Goods are under guarantee for a period of two years, commencing with the transfer of risk. If goods are repaired while under guarantee, the guarantee is not renewed or extended. Liability under the terms of the German Product Liability Act is not affected. 10. TRANSPORTATION DAMAGEWe are not liable for damage caused during transportation. Such damage should be reported to the transportation company in writing after receipt of the goods. Missing goods must be confirmed by the transportation company in writing. 11. COMPENSATION CLAIMSShould the client cancel his contract or fails to fulfill said contract, we are entitled to claim 30% of the contract amount in compensation. Compensation may be higher or lower if we are able to prove greater, or the client lower damages. 12. DATA PROTECTIONLexViola.com is obliged to adhere to the stipulations of the German Data Protection Act (Bundesdatenschutzgesetz). Client data is used exclusively within the company and is under no circumstances made available to third parties. 13. FINAL CLAUSEThe place of fulfillment for deliveries and payments is Loerrach, Germany. The court of jurisdiction for contracts with merchants and legal entities according to public law is Loerrach. Furthermore, we have the right to initiate legal proceedings against customers in their place of residence. German law is applicable, without the possibility of recourse to the UN Convention on the International Sale of Goods (CISG). 
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