General Terms and Conditions

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Lokstoredigital e.K.) via the website https://www.lokstoredigital.de or by other means of distance communication. Unless otherwise agreed, the inclusion of any of your own terms that you may use is hereby objected to.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject matter of the contract is the sale of goods and/or the provision of services (in particular remote support).

(2) By placing a product in our online shop we already make you a binding offer to conclude a contract on the terms stated in the product description.

(3) The contract is concluded through the online cart system as follows: the goods you intend to buy are placed in the “cart”. Using the corresponding button in the navigation bar you can open the “cart” and make changes there at any time. After opening the “Checkout” page and entering your personal details and the payment and shipping conditions, all order data is displayed once more on the order summary page. If you use an instant payment system (e.g. PayPal), you are first forwarded to the website of that provider and, after entering your details, returned to the order summary page. Before submitting the order you can review all details once more, change them (also using the browser’s “back” function) or abandon the purchase. By submitting the order via the “Pay now” or “Buy” button you declare the binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for an offer outside the online cart system, for example for services, are non-binding for you. We will submit a binding offer in text form (e.g. by e-mail), which you may accept within 5 days.

(5) The order is processed and all information required in connection with the conclusion of the contract is sent by e-mail, partly automatically. You must therefore ensure that the e-mail address you have given us is correct, that receipt of the e-mails is technically ensured and, in particular, not prevented by spam filters.

§ 3 Provision of services

(1) Where services are the subject of the contract, we owe the individual services set out in the service description of the respective offer. We provide these to the best of our knowledge and belief, either personally or through third parties.

(2) You are obliged to cooperate insofar as further information must be made available to us in order to provide the service.

(3) Services are provided on the agreed dates.

§ 4 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following additionally applies:

• a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before title to the reserved goods passes, pledging or transfer by way of security is not permitted.
• b) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice value arising from the resale, and we accept this assignment. You remain authorised to collect the claim. However, should you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.
• c) In the event of combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods relative to the other processed items at the time of processing.
• d) We undertake to release the securities to which we are entitled at your request, insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 5 Warranty

(1) The statutory rights regarding liability for defects apply.

(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

• a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public statements or representations by the manufacturer.
• b) In the event of defects, we provide warranty at our discretion by repair or replacement. If the remedy of the defect fails, you may, at your choice, demand a reduction of the price or withdraw from the contract. The remedy of a defect is deemed to have failed after an unsuccessful second attempt, unless something else arises in particular from the nature of the item or the defect or the other circumstances. In the case of repair, we do not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, provided that such movement does not correspond to the intended use of the goods.
• c) The warranty period is one year from delivery of the goods. This shortening of the period does not apply to culpably caused damage attributable to us arising from injury to life, body or health and to other damage caused intentionally or through gross negligence; insofar as we fraudulently concealed the defect or assumed a guarantee for the quality of the item; for items that have been used for a building in accordance with their customary use and have caused its defectiveness; or for statutory rights of recourse that you have against us in connection with rights relating to defects.

(4) For consumers, the limitation period for claims based on defects is two years from delivery of the goods; the above provisions do not affect the consumer’s statutory rights.

§ 6 Liability

(1) We are liable without limitation for damage resulting from injury to life, body or health, in cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee, and under the German Product Liability Act.

(2) In the event of a slightly negligent breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance you may regularly rely), our liability is limited to the typical, foreseeable damage. Otherwise, liability for slight negligence is excluded.

(3) The above limitations also apply in favour of our legal representatives and vicarious agents.

§ 7 Choice of law, place of performance, jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of favourability).

(2) The place of performance for all services arising from the business relationships with us, as well as the place of jurisdiction, is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

II. Customer information

1. Identity of the seller / provider

Alternative dispute resolution: We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).

2. Information on the conclusion of the contract

The technical steps leading to the contract, the conclusion of the contract itself and the options for correcting entries are governed by the provision “Conclusion of the contract” in our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order through the online cart system you can print the contract data using your browser’s print function or save it electronically. Once we have received the order, the order data, the statutory information for distance contracts and the General Terms and Conditions are sent to you again by e-mail.

3.3. For requests for an offer outside the online cart system you receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Essential characteristics of the goods or service

The essential characteristics of the goods and/or service can be found in the respective offer.

5. Prices and terms of payment

5.1. The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised. For collection in person, we inform you by e-mail about the availability of the goods and the collection options. In this case no shipping costs are charged.

5.3. If delivery is made to countries outside the European Union, further costs beyond our control may arise, such as customs duties, taxes or money transfer fees (transfer or exchange-rate fees of the banks), which must be borne by you. You must also bear any money transfer costs incurred in cases where delivery is made to an EU member state but payment was initiated outside the European Union.

5.4. The payment methods available to you are shown during the ordering process before you place the order (including payment via PayPal, credit card or other payment services offered at checkout; for collection in person also cash payment).

5.5. Unless otherwise agreed, payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any delivery restrictions can be found in the respective offer and are shown during the ordering process. We deliver to the countries selectable at checkout.

6.2. Unless otherwise stated in the respective offer, delivery of the goods within Germany takes place within 3 - 7 days, and for deliveries abroad within 7 - 14 days after conclusion of the contract (for agreed advance payment, after the time of your payment order). Please note that no delivery takes place on Sundays and public holidays. If you have ordered items with different delivery times, we ship the goods in a single consignment, unless we have made different arrangements with you. In this case the delivery time is determined by the item with the longest delivery time that you have ordered.

6.3. If you are a consumer, it is stipulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person otherwise appointed to carry out the shipment. If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

8. Information on the disposal of waste electrical equipment

Electrical and electronic equipment marked with the crossed-out wheeled bin symbol must not be disposed of with household waste. As the owner you are obliged to hand in waste equipment for separate collection. You can hand in waste equipment free of charge at public waste disposal facilities (e.g. municipal recycling centres). If waste equipment contains batteries that are not permanently built in, remove them before handing it in and dispose of them separately. Delete personal data on the equipment yourself before handing it in. We are registered with Stiftung Elektro-Altgeräte Register under WEEE reg. no. DE 62044986.

9. Information on returning batteries and rechargeable batteries

In connection with the sale of batteries and rechargeable batteries, or the delivery of equipment containing them (e.g. LoDi-Con), we are obliged to inform you of the following: batteries must not be disposed of with household waste. As an end user you are legally obliged to return used batteries. You can return used batteries of the kinds we sell or have sold free of charge to our dispatch warehouse (Lokstoredigital e.K., Stäffelsbergstraße 13, 76889 Dörrenbach, Germany) or send them back to us by post with sufficient postage. You can also hand in used batteries at municipal collection points or at local retailers.

The crossed-out wheeled bin symbol means that the battery must not be placed in household waste. Below this symbol the designations “Pb” (lead), “Cd” (cadmium) or “Hg” (mercury) may indicate the pollutants contained. Permanently built-in rechargeable batteries must be removed by qualified personnel before the device is disposed of; see the operating manual for details.