General Terms & Conditions

§ 1 General - Scope

1.Our conditions of sale apply exclusively; We do not recognize conditions of the customer that conflict with or deviate from our terms of sale, unless we have expressly agreed to their validity in writing. Our conditions of sale shall also apply if we carry out the delivery of goods to the customer without reservation in the knowledge of conflicting or deviating conditions of the customer. 2. All agreements made between us and the buyer in connection with the purchase agreements are set out in writing in the purchase contract, in these conditions and in our order confirmation. 3. The delivery of the purchased item is accompanied by an instruction manual. The purchaser undertakes to ensure that the instructions are available before connecting and commissioning, and to ensure that the instructions are observed.

§ 2 Offer - Offer documents

1. The online shop of www.luxeoutdoor.de contains no binding offers, but describes possible contractual items. Our offers are non-binding and without obligation, unless we have designated them in writing as binding. 2. When placing an order, the customer makes a binding offer to enter into a purchase agreement with the seller. The purchase contract is concluded by the written order confirmation by the seller. If the order qualifies as an offer according to § 145 BGB, we can accept it within 2 weeks. 3.The seller reserves the right of withdrawal in the event that after the order confirmation the ordered goods can not be obtained by the seller through no fault of their own. In this case, the purchaser receives reimbursement for his services. 4. We reserve the rights of ownership and copyrights to illustrations, drawings, calculations and other contents and documents. The use and distribution requires express written consent.

§ 3 prices - terms of payment

1. Unless otherwise stated in writing, all prices within the internet pages of www.luxeoutdoor.de including the value added tax are stated in the legal amount, excluding packaging and shipping, these are, unless otherwise stated in writing, calculated separately. 2. The value added tax will be shown separately on the invoice at the statutory rate on the date of the invoice. 3. The deduction of discount requires special written agreement. 4. Unless otherwise stated in the order confirmation, invoice amounts become due upon receipt of the order confirmation. If the payment is not made by the buyer within 14 (fourteen) days of the confirmation of the order, the buyer will be in default. From the time of default, the invoice amounts invoiced by the seller in the amount of 5 (five) percentage points above the respective statutory base interest rate according to § 247 BGB shall be charged. The costs resulting from the enforcement of the claim are charged to the buyer. 5. The purchaser only has the right to set-off rights if his counterclaims have been legally established, are undisputed or acknowledged by us. Furthermore, he is entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship. Otherwise, a right of retention is excluded.§ 4 delivery time


§4 Delivery

1.Delivery dates that are not expressly designated as binding, are only non-binding information. 2. Compliance with our delivery obligation further requires the timely and proper fulfillment of the obligation of the customer. The exception of the unfulfilled contract remains reserved. 3. If the customer is in default of acceptance or culpably violates other obligations to co-operate, we shall be entitled to demand compensation for the damage incurred in this respect, including any additional expenses. Further claims are reserved. 4. If the conditions of paragraph (2) exist, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time when the latter is in default of acceptance or payment. 5. We are liable according to the legal provisions, as far as the underlying purchase contract is a fixed transaction in the sense of § 286 Abs.2 Nr.4 BGB or of §376 HGB. We shall also be liable in accordance with the statutory provisions, insofar as the customer is entitled to assert that his interest in the further performance of the contract has ceased to exist as a result of a delay in delivery for which we are responsible. 6.We are also liable in accordance with the statutory provisions, provided that the delay in delivery is based on an intentional or grossly negligent breach of contract for which we are responsible; a fault of our representatives or vicarious agents is attributable to us. If the delivery contract is not based on an intentional breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage. 7.We are also liable according to the statutory provisions, as far as the delay in delivery for which we are responsible is based on the culpable violation of a material contractual obligation; In this case, however, the liability for damages is limited to the predictable, typically occurring damage. 8.In addition, in the event of default in delivery, we shall be liable for every completed week of delay as part of a lump-sum compensation for default amounting to 0.5% of the delivery value, but not exceeding 3% of the delivery value. 9.Other legal claims and rights of the purchaser remain reserved. 10.The seller is entitled to partial deliveries and partial services at any time, insofar as this is reasonable for the buyer.

§ 5 Transfer of risk - packaging costs

1. Unless otherwise stated in the order confirmation, delivery is agreed "ex works". 2.Transport and all other packaging in accordance with the packaging regulations are not taken back. The customer is obliged to arrange for disposal of the packaging at his own expense. 3. If the purchaser acts as an entrepreneur, the risk passes to the purchaser upon delivery by us to the delivery service. 4. Upon receipt, the goods are to be checked for integrity and any transport damage that may have been given is legibly acknowledged by the deliverer on the delivery note. Without comprehensible acknowledgment by the deliverer, claims for damages arising from shipping damages are excluded. Claims are to be displayed luxeoutdoor within 14 (fourteen) days.

§ 7 total liability

1.A more extensive liability for damages than provided for in § 6 is excluded - irrespective of the legal nature of the asserted claim. This applies in particular to claims for damages arising from negligence on conclusion of the contract, due to other breaches of duty or due to tort claims for compensation for property damage in accordance with § 823 BGB. 2. Insofar as the liability for damages against us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.


§ 8 Retention of title

1.We reserve the ownership of the purchased item until receipt of all payments from the delivery contract. In the event of breach of contract by the purchaser, in particular in the event of default in payment, we are entitled to take back the goods. The return of the purchased item by us is not a withdrawal from the contract, unless we have expressly stated in writing. In the garnishment of the purchased item by us is always a withdrawal from the contract. After the return of the object of sale, we are entitled to their utilization, the proceeds of sale shall be credited against the liabilities of the purchaser - less reasonable utilization costs. 2.The customer is obliged to treat the purchased goods with care; in particular, he is obliged to adequately insure these at his own expense against fire, water and theft damage at replacement value. If maintenance and inspection work is required, the purchaser must carry it out on time at its own expense. 3. In case of seizure or other interventions of third parties, the purchaser must notify us in writing without delay, so that we can file an action pursuant to § 771 ZPO. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a claim in accordance with § 771 ZPO, the customer is liable for the loss incurred by us. 4.The customer is entitled to resell the purchased goods in the ordinary course of business; however, it hereby assigns to us all claims in the amount of the final invoice amount (including VAT) of our claims arising from the resale against its customers or third parties, irrespective of whether the purchased goods were resold without or after processing is. To collect this claim, the purchaser remains authorized even after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds received, does not default on payment and, in particular, has not filed for insolvency, settlement or insolvency proceedings or has ceased payments. If this is the case, we can demand that the purchaser notifies us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and notifies the debtors (third parties) of the assignment. 5.The processing or transformation of the purchased item by the customer is always made for us. If the purchased item is processed with other items not belonging to us, we acquire the co-ownership of the new item in proportion of the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. The same applies to the goods resulting from processing as for the purchased goods delivered under reservation. 6. If the purchased item is inseparably mixed with other items not belonging to us, we acquire co-ownership of the new item in proportion of the value of the purchased item (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the item of the customer is to be regarded as the main item, it shall be deemed agreed that the purchaser assigns co-ownership pro rata to us. The customer keeps the resulting sole ownership or co-ownership for us. 7.The customer also assigns to us the claims to secure our claims against him, which accrue by the connection of the purchased object with a plot against a third party. 8.We undertake to release the securities to which we are entitled upon request of the customer to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is our responsibility.

§9 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 date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must contact us

Owner: Florian Homeier (sole proprietorship) Website: www.luxeoutdoor.de

Contact: info@luxeoutdoor.de

Telephone: 0049/5222/9609362

Mergelweg 4, 32108 Bad Salzuflen, Germany

by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. You can electronically complete and submit the model withdrawal form or any other unequivocal statement on our website www.luxeoutdoor.com.
If you make use of this option, we will immediately send you (eg by e-mail) a confirmation of the receipt of such a revocation.

In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation

If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.

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 the earlier.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.

You bear the immediate costs of returning the goods.


Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

To Florian Homeier (sole proprietorship), contact: info@luxeoutdoor.de, phone: 0049/5222/9609362, Mergelweg 4, 32108 Bad Salzuflen, Germany:

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*)


- Posted on (*) _____________________ / received on (*) ______________________


-Name of the consumer (s)


Address of the consumer (s)


- Signature of the consumer (s) (only when notified on paper)
- date
_______________________________________________________
(*) Delete as appropriate.



§ 10 Jurisdiction - Place of performance

1.If the customer is a merchant, our place of business is the place of jurisdiction; However, we are entitled to sue the customer at his place of residence. 2.The law of the Federal Republic of Germany applies; the validity of the UN sales law is excluded. 3.If the order confirmation does not state otherwise, our place of business is the place of performance.

§ 11 Severability clause

1. Should a provision of these conditions be ineffective or incomplete, this will not affect the effectiveness of the others. The ineffective or incomplete condition must be reinterpreted and / or supplemented in such a way that its intended purpose is achieved as far as possible.


www.luxeoutdoor.de, Florian Homeier Einzelunternehmung, Mergelweg 4, 32108 Bad Salzuflen,Germany

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