General Terms and Conditions
§ 1 Scope
(1) These General Terms and Conditions of Sale (hereinafter: GTCs) shall apply for all contracts concluded via our Online Shop between ourselves,
Leonhart Betriebs GmbH
Managing Directors: Christian Fiedler, Andreas Fiedler
District Court of Landshut, HRB 3336
Telephone number: 09951/60 11 73
Fax number: 09951/60 11 74
email address: email@example.com
and yourself as our customer. The GTCs shall apply independent of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between ourselves and you in connection with the Purchase Agreement shall result in particular from these Terms and Conditions of Sale, our written order confirmation and our Declaration of Acceptance.
(3) The respective version of the GTCs valid on conclusion of the contract shall be decisive.
§ 2 Conclusion of contract
(1) The presentation and advertisement of items in our Online Shop shall not represent a binding offer for the conclusion of a Purchase Agreement.
(2) On sending an order via the Online Shop by clicking on the button “Order with an obligation to pay”, you submit a legally binding order. You shall be bound to this order for the duration of two (2) weeks after submission of the order; any existing right to revoke your order in accordance with § 3 shall remain unaffected.
(3) We shall confirm your order submitted via our Online Shop in an email without delay. Such emails do not contain a binding acceptance of the order unless the acceptance is declared simultaneous to confirmation of receipt for the email.
(4) A contract shall not be concluded until we accept your order through a Declaration of Acceptance or through the delivery of the ordered item.
(5) Should the delivery of the goods you have ordered not be possible, for example because the appropriate goods are not in stock, then we shall not issue a Declaration of Acceptance. In such cases, no contract has been concluded. We shall inform you of this fact without delay and shall reimburse you immediately with any considerations already received.
§ 3 Right of revocation
(1) If you are a consumer (i.e. a natural person who submits the order for a purpose which cannot be attributed either to your commercial or free-lance vocational activities), then you have a right of revocation in accordance with the statutory provisions.
(2) Should you as consumer exercise your right of revocation according to Clause 1, then you shall bear the regular costs of the return shipment.
(3) Otherwise, the regulations provided in detail in the following cancellation policy shall apply for the right of revocation.
Right of revocation
You have the right to withdraw from this contract within fourteen days without stating any reasons.
The withdrawal period totals fourteen days from the day on which you or a third party named by you who is not the carrier have or has taken over possession of the goods.
In order to exercise your right of revocation, you must write to us,
Leonhart Betriebs GmbH
by means of a clear statement (for example a letter sent by post, fax or email) informing us of your decision to withdraw from this contract. For this purpose, you can use the attached template withdrawal form, but the use of this form is not mandatory. You can also download the template withdrawal form from our website on https://original-leonhart.com/en/cancellation/ and then send the completed form to us. If you do make use of this possibility, we shall transmit to you without delay a confirmation of receipt for such a withdrawal (e.g. via email).
Dispatch of a notification regarding your exercising of the right of revocation prior to expiry of the withdrawal period shall be sufficient to uphold the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you all payments received including delivery costs (with the exception of the additional costs resulting should you have selected a different type of delivery than the standard delivery offered by us at the most favorable price) without delay and at the latest within 14 days from the day on which we receive the notification of your withdrawal from this contract. For the reimbursement, we shall use the same method of payment which you used for the original transaction, unless another method has been expressly agreed upon with you; under no circumstances shall you be charged with fees for this reimbursement. We can refuse reimbursement until we have received the returned goods or until you have provided proof that you have sent the goods back, depending on which of these occurs earliest.
You shall send back or hand over the goods to us without delay and whatever the case at the latest within fourteen days from the day on which you notify us of your withdrawal from the contract. The withdrawal period shall be upheld if you send back the goods prior to expiry of the period of fourteen days.
You shall bear the direct costs for return of the goods.
You only have to pay for a loss in value of the goods if this loss in value can be traced to any handling of the goods you have undertaken which is unnecessary for checking the quality, properties and function of the goods.
Template withdrawal form
Leonhart Betriebs GmbH
I/we (*) hereby revoke the contract concluded by me/us (*) pertaining to the purchase of the following goods (*) / the provision of the following service (*)
Ordered on ___________________ (*)/Received on _______________________(*)
Name(s) of consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
(*) Delete as applicable
(4) The right of revocation does not exist in case of distance selling contracts
(a) for the delivery of goods which have been produced in accordance with customer specifications or which have been clearly tailored to personal requirements, or which are unsuitable for return shipment due to their quality or which might spoil rapidly, or the expiry date for which has been exceeded.
(b) for the delivery of audio or video recordings or of software if you have unsealed the supplied data carrier.
§ 4 Terms and conditions of delivery and reservation of advance payment
(1) We are authorized to make partial deliveries inasmuch as this is reasonable for you.
(2) The delivery deadline for accessory parts totals approximately three to four (3-4) workdays, for kicker tables approximately 3 – 4 weeks and for billiard tables approximately 3 – 4 weeks, unless nothing different has been agreed upon. It begins – subject to the regulation in Section 3 – upon conclusion of the contract.
(3) In case of orders by customers with their residence or place of business abroad, or in case of reasoned indications for a risk of non-payment, we reserve the right not to deliver until receipt of the purchase price and shipment costs (reservation of advance payment). Should we exercise this reservation of advance payment, we shall notify you of this fact without delay. The customer can select advance payment on placing their order. In such cases, the delivery deadline shall begin on payment of the purchase price and the shipment costs.
§ 5 Prices and shipment costs
(1) All price information in our Online Shop represents gross prices including legal VAT, and does not include any shipment costs incurred.
(2) The shipment costs are stated in our price information in our Online Shop. The price including VAT and any shipping costs is also shown in the online order form before you send your order.
(3) If we fulfil your order through part deliveries in accordance with § 4 Section 1, then you shall only pay shipment costs for the initial part delivery. If the part deliveries are carried out at your request, then we shall charge the shipment costs for each part delivery.
(4) Should you withdraw your contractual declaration effectively in accordance with § 3, you may request pursuant to the legal prerequisites the reimbursement of costs already paid for the shipment to you (dispatch costs) (see other consequences of withdrawal § 3 Section 3).
§ 6 Terms and conditions of payment and rights of set-off and retention
(1) The purchase price and the shipment costs shall be paid in advance or via the payment provider PayPal (incl. PayPal direct debit, PayPal credit card payment, PayPal invoice payment) (see also §12).
(2) You are not authorized to offset against our claims unless your counterclaims have been legally determined by a court or are undisputed. You shall also have the right to offset against our claims if you exercise your right to make a complaint about defects or to lodge counterclaims from the same Purchase Agreement.
(3) As Buyer, you may only exercise a right of retention if your counterclaim is based on the same Purchase Agreement.
§ 7 Reservation of title
The delivery goods shall remain our property until full payment of the purchase price.
§ 8 Warranty
(1) We can be held liable for material defects or defects of title in delivered items in accordance with the valid legal regulations, in particular §§ 434 ff. BGB (German Civil Code). The period of limitation for legal claims for defects totals two years and starts with the delivery of the goods.
(2) Any seller’s warranties issued by us for certain items, or manufacturer’s warranties granted by the manufacturers of certain items shall coexist with claims due to material defects or defects of title in terms of Section 1. Details regarding the scope of such warranties result from the warranty terms and conditions which are enclosed with the items as necessary.
§ 9 Liability
(1) We can be held liable by you in all cases of contractual and extra-contractual liability due to intent and gross negligence according to the statutory provisions for compensation of damages or the reimbursement of expenses incurred in vain.
(2) In other cases, we shall – unless otherwise regulated in Section 3 – only be held liable in case of violation of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and in the adherence to which you as customer may normally rely (so-called major obligation), and this limited to the replacement of the foreseeable and typical damage. In all other cases, our liability shall be excluded subject to the provision in Section 3.
(3) Our liability for damages arising from injury to life, physical injury or injury to health and in accordance with the product liability law shall remain unaffected by the abovementioned liability limitations and exclusions.
§ 10 Copyright laws
We hold the copyrights to all images, films and texts which are published in our Online Shop. Use of these images, films and texts is not permitted without our express consent.
§ 11 Applicable law and jurisdiction
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Law on International Sales. If you have submitted the order as a consumer and your usual residence at the time of your order is in another country, then the application of the mandatory legislation of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and your place of business is located in Germany at the time you place the order, the exclusive place of jurisdiction shall be the Headquarters of the seller. Otherwise, the applicable statutory provisions shall apply for the local and international responsibilities.
(3) Settlement of disputes: The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a point of contact for the extrajudicial settlement of disputes concerning contractual obligations arising from online purchase agreements. More detailed information is available under the following link: http://ec.europa.eu/consumers/odr . We are neither prepared nor obligated to participate in a dispute settlement procedure in front of a consumer conciliation board.
§ 12 PayPal
Amongst other things, we offer the payment method PayPal on our website. The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”).
If you choose PayPal as your payment method, the payment data entered by you shall be transferred to PayPal.
The transmission of your data to PayPal shall take place on the basis of Art. 6 Section 1 lit. a GDPR (consent) and Art. 6 Section 1 lit. b GDPR (processing for the fulfilment of a contract).
You have the possibility to revoke your consent for data processing at any time. A revocation shall not have an effect on the efficacy of any data processing procedures which have taken place in the past.
On selection of the payment method “PayPal Express”, the payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), under the PayPal Terms and Conditions of Use, which can be viewed under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, under the Terms and Conditions for Payments without a PayPal account, which can be viewed under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the method of payment within the scope of the online order process, then they also issue a payment order to PayPal by clicking the button to conclude the order process. In this case, the seller already declares the acceptance of the customer’s offer from the moment in which the customer triggers the payment process by clicking the button to conclude the order process.