General Terms and Conditions with Customer Information (B2B)
1. Scope and Provider
1.1 These General Terms and Conditions apply to all contracts and orders concluded by our customers with Lex & Hesse GmbH, Freiberger Straße 77–83, 01159 Dresden, either via our online shop or outside the online shop, in particular by telephone or email.
1.2 These GTC apply only if the customer is an entrepreneur (§ 14 German Civil Code), a legal entity under public law, or a special fund under public law.
1.3 A prerequisite for placing orders and concluding contracts via our online shop is the prior registration of the customer, which includes verification of the entrepreneurial status. After successful registration, the customer may log in using their access data and place orders based on these GTC.
1.4 Deviating or supplementary general terms and conditions of the customer shall not become part of the contract.
1.5 The language available for the conclusion of the contract is German.
2. Conclusion of Contract
2.1 The essential characteristics of the goods offered by us and the validity period of limited offers can be found in the individual product descriptions in the online shop. Our information regarding the subject of delivery or service (e.g. color, weight, dimensions) and representations thereof (e.g. drawings and illustrations) are only approximate unless exact conformity is required for the intended contractual purpose. They do not constitute guaranteed characteristics but descriptions or designations of the delivery or service. Customary deviations and deviations due to legal regulations or technical improvements are permitted insofar as they do not impair usability for the intended purpose.
2.2 The presentation of goods in our online shop does not constitute a legally binding offer. By clicking the button “Add to cart,” the customer can place goods in a virtual shopping cart. This process is non-binding and does not constitute a contractual offer. The customer can view the shopping cart at any time and remove products or change quantities.
2.3 Before submitting an order, the customer can review and correct all order data. By clicking the “Buy” button, the customer submits a binding offer to conclude a purchase contract. The confirmation of receipt of the order is sent automatically by email and does not yet constitute acceptance. We may accept the order by sending a separate order confirmation email or by delivering the goods within 2 days.
2.4 The contract text is stored in our internal systems and is accessible to the customer via the login area after completion of the order.
3. Delivery Time and Delay
3.1 Delivery dates and deadlines are only approximate unless expressly agreed otherwise. They refer to the time of handover to the carrier.
3.2 If binding delivery deadlines cannot be met for reasons beyond our control, we will inform the customer immediately and provide a new estimated delivery time. If delivery is still not possible, we may withdraw from the contract and refund any payments made.
3.3 The occurrence of delivery delay is governed by statutory provisions; a reminder by the customer is required.
3.4 Customer rights and our statutory rights remain unaffected.
4. Delivery, Transfer of Risk, Partial Deliveries
4.1 Delivery is made ex warehouse.
4.2 The risk passes to the customer upon handover to the carrier.
4.3 Partial deliveries are permitted if reasonable for the customer.
5. Prices and Payment Terms
5.1 All prices are exclusive of statutory VAT.
5.2 Unless otherwise agreed:
- the customer bears transport costs and insurance costs,
- payment is due upon invoicing and delivery, at the latest within 14 days,
- the customer is in default after expiry of the payment period,
- we may require advance payment.
5.3 Default interest applies according to statutory provisions.
5.4 Set-off rights apply only to undisputed or legally established claims.
5.5 In case of insolvency risk, we may refuse performance or withdraw from the contract (§ 321 BGB).
6. Retention of Title
6.1 The goods remain our property until full payment of all claims.
6.2 Goods subject to retention of title may not be pledged or transferred as security.
6.3 In case of breach of contract, we may withdraw or reclaim the goods.
6.4 The customer may resell goods in the ordinary course of business; claims are assigned to us.
6.5 Securities exceeding claims by more than 10% will be released upon request.
7. Warranty Claims
7.1 Statutory provisions apply unless otherwise stated.
7.2 Product descriptions define agreed quality.
7.3 No liability for public statements by third parties.
7.4 Inspection and notification obligations apply (§§ 377, 381 HGB).
7.5 We may choose repair or replacement.
7.6 Payment may be required before remedy.
7.7 The customer must allow inspection.
7.8 Costs are borne by us if a defect exists.
7.9 Warranty is void if goods are modified without consent.
7.10 Customer may withdraw or reduce price if remedy fails.
7.11 Damages only under section 8.
8. Liability
8.1 Liability is governed by statutory law.
8.2 We are liable for intent and gross negligence. For slight negligence only in case of:
- injury to life, body, or health
- breach of essential contractual obligations
8.3 Limitations do not apply in case of guarantees or product liability.
8.4 Withdrawal is only possible if we are responsible for the breach.
9. Limitation Period
9.1 Warranty claims expire after one year.
9.2 Exceptions apply under statutory law.
10. Applicable Law and Jurisdiction
10.1 German law applies excluding CISG.
10.2 Place of jurisdiction is Dresden.
General Terms and Conditions with Customer Information (B2C)
§ 1 Scope
Applies to consumers ordering via the online shop.
§ 2 Conclusion of Contract
Contract is concluded upon confirmation email (or PayPal confirmation).
§ 3 Delivery
Delivery within Germany: 3–5 days.
§ 4 Payment
PayPal, bank transfer, or cash on delivery.
§ 5 Prices
Prices include VAT plus shipping.
§ 6 Right of Withdrawal
Right of Withdrawal
You have the right to withdraw within 14 days without giving any reason.
Effects of Withdrawal
Refund within 14 days after receipt of withdrawal.
Return costs are borne by the customer.
§ 7 Warranty
Statutory warranty rights apply.
§ 8 Liability
Liability limitations apply as stated above.
§ 9 Data Protection
Customer data is processed in accordance with legal regulations.
§ 10 Applicable Law
German law applies.
§ 11 Final Provisions
Invalid clauses do not affect the remainder.
§ 12 Provider Information
Lex & Hesse GmbH
Freiberger Straße 77–83
01159 Dresden, Germany
Phone: +49 351 49912-222
Email: shop@lex-hesse.de
§ 13 Online Dispute Resolution
EU platform: http://ec.europa.eu/consumers/odr/