Terms and conditions for consumers

Our terms and conditions for entrepreneurs (in German language) can be found here.

Overview

§1 General

For all business relationships between LTT Group GmbH, represented by Mr. Frank Gottheil (manager), Ferdinand-Braun-Str. 19, D-46399 Bocholt, Germany and the customer (following LTT) shall apply exclusively our general terms of business in its relevant version from the time when placing your order. Conflicting conditions which deviate from our general terms of business will not be recognized by us unless we have agreed to such exclusively in writing.

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§2 Prices and Forwarding Charges

2.1All prices are including statutory value added tax plus online forwarding charges.
2.2The customer can fetch his ordered goods at the place of management of LTT, or the goods will be shipped on account and in the name of the customer by DPD or DHL to the stated address. The forwarding charges are subject to the terms of delivery.
2.3Subsequent deliveries and all further costs are at the expense of LTT.
2.4All forwarding charges mentioned above are valid for deliveries within the Federal Republic of Germany and Austria.
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§3 Conclusion of Contract

3.1The offers in our online-shop are without engagement. Please note that they are displayed as a non-binding online catalogue. While pressing the button Buy you place a binding order of the goods in your shopping cart. Directly after placing the order, LTT will send you automatically a confirmation of receipt of your order. We would like to inform you that this is no acceptance of contract. We accept your order by sending you a confirmation of order per e-mail or by delivery of goods.
3.2Ordered goods that are not listed in the shipping confirmation of your order are not part of the sales contract.
3.3The text of the contract will be stored by LTT and you will receive your order data and our general business terms per mail. You can take a look at your last offers in our customer-login.
3.4The language of the contract is German.
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§4 Right of cancellation / exceptions to the right of cancellation / form of cancellation

If the client is an entrepreneur (§14 BGB), he isn´t provided with a statutory right. The statutory right applies only to consumers in terms of §13 BGB.

4.1

Right of cancellation

Statutory right

You are entitled to cancel this contract without giving reasons within 14 days.

You can cancel your order within 14 days from the day on which you or a third party indicated by you (other than the carrier) received the goods purchased.

To exercise your statutory right, you must inform us (LTT Group GmbH, Ferdinand-Braun-Str. 19, D-46399 Bocholt, Germany, telephone: +49 (0)2871-2347790, fax: +49 (0)2871-234779-999, e-mail: info@dekotopia.de) of your decision to cancel your order by means of a written and explicit declaration (for example a letter sent by mail, telefax or e-mail). You can also fill in and submit the sample withdrawal form or another clear declaration electronically on our website returns and complaints. If you make use of this option, we will immediately send you (e.g., by e-mail) a confirmation of receipt of such withdrawal. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of cancellation

If you cancel this contract, we will reimburse all payments received from you including the delivery charges for the least expensive delivery offered by us, immediately but no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of withdrawal from this contract. The deadline is met if you send the goods before the deadline of fourteen days. You shall bear the direct costs of returning the goods. For goods that cannot be returned normally by mail due to their nature, these costs amount to EUR 80.

You have to pay for any loss of value of the goods only if this loss of value is due to the handling of the goods beyond the inspection of the condition, properties and functioning of the goods.

End of the cancellation policy
4.2

Exceptions to the right of cancellation

The right of cancellation does not apply to the supply of goods made to your specifications or clearly personalized or the delivery of products which are not suitable for return or which may deteriorate or expire rapidly, the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery or to the delivery of newspapers, periodicals or magazines (unless you have given contractual statement for the supply of newspapers, periodicals and magazines by telephone). This applies also to the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparately mixed with other items.
4.3

Model form of cancellation

If you want to cancel the contract, please fill in this form and send it to:

LTT Group GmbH
Ferdinand-Braun-Str. 19
D-46399 Bocholt
Germany
Fax: +49 (0)2871-234779-999
E-mail:


Herewith I / we (*) cancel the contract of purchase of the following goods/ the supply of the following service (*):

- ordered on (*) / received on (*)
- name of the customer(s) (*)
- address of the customer(s) (*)
- signature of the customer(s) (*) (only in the case of notice on paper)
- date
_______________________
(*) Please delete where inapplicable
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§5 Cost paying agreement about costs for returning goods/ delivery

5.1Unless you have expressly agreed otherwise, the deliveries will be made from the LTT´s warehouse to the delivery address indicated by the client.
5.2Please refer to the respective product descriptions for the delivery period of the goods.
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§6 Settlement and Payment, Default

6.1Payment has to be effected per cash in advance, cash on delivery, immediate transfer, PayPal, invoice, credit card or cash on pickup. We accept only cash in advance, credit card or PayPal for orders from a member state of the European Union or Switzerland.
6.2Together with Billsafe we grant our customers to purchase on account. The time allowed for payment is 14 days after receiving the goods. In case of non- payment we have to impose reminder charges according to § 288 BGB (German Civil Code). Delivery address, residence address as well as invoice address must be the same and have to be within Germany. Billsafe is entitled to check and rate consumer data and has the right to exchange these data with other companies or credit enquiry agencies if necessary. In case of a low degree of creditworthiness Billsafe is entitled to refuse payment on account and has to refer to other terms of payment. Your personal data will be treated in accordance with the Data Protection Act and will never be passed to third parties for any advertising purposes.
6.3For cash in advance payments you will receive our banking details within the confirmation of order and we will deliver the ordered goods after receipt of payment.
6.4If the customer falls behind with payment, LTT shall have the right to claim interests of 5% above the ECB base rate. If LTT is able to prove a higher damage due to default, LTT has the right to assert the claim.
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§7 Three-year warranty

In addition to the statutory warranty obligation, we grant a full 36-month warranty on all products purchased in our online shop after 01.11.2010, provided that the customer is a consumer within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB). This service is free of charge and does not limit the statutory warranty in any way.

We provide warranty for all defects which occur during the warranty period and can be proved to be due to a material defect or manufacturing defect. The warranty does not grant the right to a reduction of the purchase price, cancellation of the purchase contract or compensation for non-performance.

The extended warranty does not apply to so-called wear parts. This includes all items that are subject to natural or usage-related wear and tear. Examples are cables, bags, cases, illuminants, spotlights, LEDs, faders and laser diodes. The extended warranty shall also not apply if defects have occurred in the product due to incorrect operation or non-observance of operating instructions, improper use, inappropriate use, overloading or lack of maintenance and care, or defects have been caused in the product due to the use of accessories, supplementary parts or replacement parts which are not original parts, or to products to which changes or additions have been made, or in the event of minor deviations from the expected quality if such deviations are irrelevant to the value and fitness for use of the product. For all acknowledged defects, we shall be exclusively responsible to choose between remedying the defect by repairing it free of charge or replacing it with a faultless product (which may also be a successor model etc.). Warranty services that are provided shall not lead to an extension or restart of the warranty period. Replaced products or components become our property. In order to assert the warranty, a sales receipt or other proof of purchase must be presented.

Please contact our service department for warranty processing.

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§8 Reservation of property rights

We reserve all rights of ownership of the delivered goods until receipt of all payments arising from the business relationship with the customer.

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§9 Liability for Defects

For all goods from our shop there are legal warranty rights.

9.1Insofar as a defect in the delivered goods is established, the statutory provisions shall be valid.
9.2Customer claims for damages or compensation for useless expenditures are subject to this regulation. LTT bears unlimited liability for personal injury, bodily harm or damage to health due to a negligent breach of duty or willful or negligent breach of duty of a legal representative or an employee from LTT. As far as other liability claims are concerned, LTT will only be absolutely liable for the non-existence of guaranteed specifications as well as for premeditation or gross negligence of its legal representatives or managers. In the case of a slightly negligent breach of essential contractual duties which are indispensable for the attainment of the contract purpose LTT can be hold liable only in case of breach of duty of other employees (cardinal duty). In case of slightly negligent breach of contract responsibility is limited to damages which might typically occur under the contract.
9.3Liability for loss of data is limited to the time and cost for restoring the data that would have been incurred if data backups had duly been made to cover the risk, excluded wilful intent or gross negligence.
9.4Liability according to the Product Liability Act is not affected.
9.5If supplementary performance in form of replacement is carried out, it is obligatory to the customer to send back the (faulty) first delivered goods within 30 days to LTT. Delivery costs are on account of LTT. The reshipment of the faulty goods is subject to statutory provisions. LTT reserves the right to assert claims for compensation corresponding to the statutory requirements.
9.6The limitation period is two years and starts with the handover of the goods to the customer.
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§10 Collection, Processing and Use of personal data

Please find information about data kind, amount of data, location and purpose of collection and processing of your personal data by LTT in order for being able to carry out your order in our privacy statement.

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§11 Notes

11.1

Regulation on packaging

According to the German regulation on packaging you can recycle our delivered sales packaging (shipping package and product package) with the dual recycling system. In case that this is not possible, you can send back the packaging to us free of charge. We will reuse the packaging or will dispose it corresponding to the German regulation on packaging.
11.2

The seller is subject to following codes of behavior

The seller isnít subject to any code of behavior.
11.3

Disposing of used batteries

Our products may contain batteries as well as rechargeable batteries and due to the German Battery Act we are obliged to inform you about following: It is not allowed to dispose rechargeable batteries and other batteries with the regular garbage. Please note that giving back used batteries and rechargeable batteries is required by law. Furthermore used batteries may contain pollutants which can harm your health and the environment if they are not stored or recycled properly. Batteries contain also some important raw materials like iron, zinc, manganese or nickel and due to the German Battery Act you are obliged to give them back so that proper recycling can be ensured. Your used batteries can be brought to a local battery collection point or to your local dealer. As batteries are purchased by us we are obliged to take your used batteries back, too, but please note that this take-back obligation is limited to those batteries that we are actually selling as new batteries or have sold in our product range. Those batteries can be sent back to us free of charge or you can bring them without any costs directly to our distribution warehouse:

Battery collection point pursuant to the German Battery Act.:
LTT Group GmbH
Managing Director: Frank Gottheil
Ferdinand-Braun-Str. 19
D-46399 Bocholt
Germany

Meaning of battery symbols
All batteries are marked with a crossed out wheel bin. That symbol points out that you are not allowed to dispose batteries and rechargeable batteries with your household waste. Batteries that contain more than 0,0005 % quicksilver by mass, more than 0,002 % cadmium by mass or more than 0,004 % plumb by mass have a chemical description of the respective pollutant under the wheel bin symbol. Cd means cadmium, Pb means plumb and Hg means quicksilver.

Pb: batterie contains more than 0,004 % plumb by mass
Cd: batterie contains more than 0,002 % cadmium by mass
Hg: batterie contains more than 0,0005 % quicksilver by mass
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§12 Final Provisions

12.1German substantive law shall govern the whole of the legal relationship. The provisions of UN purchasing law according to the international sales of goods shall be excluded.
12.2If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive local place of jurisdiction for all disputes arising from this contract shall be Bocholt, the place of performance shall be Bocholt. The same applies if the customer has no general place of jurisdiction in Germany.
12.3Any invalidity within the contract between LTT and the customer including our general terms of business shall not affect the validity of the remaining provisions.
12.4Alternative dispute resolution in accordance with Art. 14 Section 1 Online Dispute Resolution Regulations (ODR-VO) and § 36 Law on Resolutions of Consumer Disputes (VSBG)
The European Commission has provided a platform for the online resolution of disputes (ODR), which is available at http://ec.europa.eu/consumers/odr/. We are not obliged and are fundamentally unwilling to take part in dispute resolution proceedings in front of a consumer arbitration board.
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Our terms and conditions for entrepreneurs (in German language) can be found here.