Conditions
General Terms and Conditions
General Terms and Conditions of LEKOMKA® – more than fashion – passion!, owner Mr. Frank Hilscher, Robert-Seidel-Weg 10, 08451 Crimmitschau for sales on the website LEKOMKA.
Section 1 Scope
Our services are provided on the basis of these General Terms and Conditions (GTC). They also apply to all future business relationships, even if they are not expressly agreed again. In addition, the rules and regulations of LEKOMKA and the respective subsidiaries which you must comply with shall apply.
Section 2 Conclusion of Contract
With your order you submit a binding offer. The receipt of the order and the order confirmation will be sent to you by LEKOMKA by e-mail.
Section 3 Prices and Delivery
The prices are final prices in Great Britain Pound and contain the statutory VAT where applicable.
Delivery costs are subject to a separate charge. This is shown before the order. The delivery is made within the time period indicated in the article description.
Section 4 Due Date and Payment, Retention of Title
The purchase price is due immediately. You can find the other information on payment and accepted payment methods in the offer description.
We retain the title to the delivered goods until payment has been made in full.
Section 5 Right of Withdrawal
The following right of withdrawal shall apply to consumers who purchase goods from us remotely
Cancellation Policy
You have the right to withdraw from this contract within one month without providing any reasons. The withdrawal period is
1. (in the case of a purchase contract):
one month from the day on which you, or a third party named by you who is not the conveyor, have or has taken possession of the goods;
2. (in the case of a contract for several goods which the consumer ordered in a single order and which are delivered separately):
one month from the day on which you, or a third party named by you who is not the conveyor, have or has taken possession of the last of the goods;
3. (in the case of a contract for the delivery of one item in several partial deliveries or pieces):
one month from the day on which you, or a third party named by you who is not the conveyor, received the final partial delivery or have or has taken possession of the last of the pieces;
4. (in the case of a contract for the regular delivery of goods throughout a stipulated time period):
one month from the day on which you, or a third party named by you who is not the conveyor, have or has taken possession of the first of the goods.”
In order to exercise your cancellation right you must inform us at
LEKOMKA/Frank Hilscher
Robert Seidel Weg 10
D-08541 Crimmitschau
Telephone +49 (1575) 2401926
LEKOMKA-STORE@t-online.de
with a clear declaration (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You can use the enclosed sample cancellation form, which is however not mandatory.
To comply with the cancellation period, it is sufficient if you send the cancellation notice before the cancellation period has expired.
Consequences of the Cancellation
If you cancel this contract, we must refund you all payments we have received from you, including the delivery costs (excluding the additional costs resulting from you selecting a delivery method other than the cheapest standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received your cancellation notice. For this refund we use the same payment method used by you in the original transaction, unless something different was expressly agreed with you; under no circumstances will we charge you any fees for this refund. We can reject the refund until we have received the returned goods or until you have provided evidence that you have returned the goods, whichever is earliest.
You must send back or hand over the goods to us immediately and in any case at the latest within fourteen days of the day on which you inform us of the cancellation of this contract. The period has been complied with if you send the goods before the end of the fourteen-day period. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is the result of handling the goods in a way that is not required to assess the condition, characteristics and functionality of the goods.”
Exclusion of the Right of Cancellation
The right of cancellation does not exist for contracts
- for the delivery of goods that are not pre-manufactured or the production of which is dependent on the individual selection or stipulation by the consumer or that are clearly tailor-made for the consumer’s personal requirements,
- Contracts for the supply of goods which may quickly spoil or whose expiry date would soon be exceeded,
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was broken after delivery,
- for the delivery of goods if these were inseparably mixed with other goods after delivery due to their characteristics,
End of the Cancellation Policy
Sample Cancellation Form
(If you would like to cancel the contract please complete this form and return it to us.)
– To
LEKOMKA/Frank Hilscher
Robert Seidel Weg 10
D-08541 Crimmitschau
Telephone +49 (1575) 2401926
LEKOMKA-STORE@t-online.de
I/We (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on ……………………………(*)/received on ………………………………….(*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notice is sent on paper)
- Date
Section 6 Compensation for Lost Value
If the contract is revoked, we will charge compensation for any lost value of the goods where the lost value arises from unnecessary handling for the purposes of inspecting the quality, properties and functionality of the goods.
Section 7 Retention of Title
Delivered goods shall remain the property of the seller until full payment has been received.
Section 8 Warranty
Warranty for claims based on defects shall be governed by the statutory provisions. In the case of defective goods, we shall remedy the defect by repair or subsequent delivery. If a subsequent delivery is made, the goods initially delivered shall be returned within 30 days at our expense. If the rectification of defects fails, the customer may, at his discretion, either reduce the price or withdraw from the contract.
The warranty is excluded for the sale of used goods to other companies. Where goods are sold to consumers, the warranty shall be limited to one year. These restrictions shall not apply in the event of culpable injury to life, body, health, in case of intent or gross negligence on the part of a legal representative or vicarious agent, in the event of liability from representations and warranty or under the Product Liability Act or in the event of breach of contractual obligations that are material to the performance of the contractual relationship.
Section 9 Liability
We are liable for damages regardless of their legal reason only to the following extent: In the case of intent
and gross negligence we are liable to the full extent. In the case of minor or average negligence we are only liable in the event of a culpable breach of a fundamental contractual obligation that is of fundamental significance for reaching the contract objective, or the culpable breach of which may result in endangering the reaching of the contract objective. In this case liability is limited to the foreseeable loss typical for the contract. The statutory liability for injuries to life and limb, where a guarantee is assumed (e.g. guaranteed characteristics) or an acquisition risk as well as liability pursuant to product liability law remain unaffected by the above regulations. In these cases we are liable according to the statutory regulations.
In the event the buyer does not accept the goods despite being requested to do so, the seller may charge a lump-sum compensation of 15 % of the price of the goods. Both parties have the possibility to prove that higher or lower damages have occurred.
Section 10 Transport Damages and Notification of Defects
In order to enable claims against the transport company or assert claims for insurance services in the event of transport damage, obvious damage to the packaging or contents must be reported to the transport company at the time of acceptance and a complaint must be filed.
Where the customer is a consumer, the omission of the aforementioned notification shall have no effect on the assertion of warranty claims or on the customer’s statutory right of withdrawal.
Section 11 Data Protection
Your data will be stored electronically within the scope of the contractual relationship. This data will not be used for any purposes other than the execution of the contractual relationship. Your data will not be passed on to third parties, unless required by statutory or official regulations.
The contract data is stored and may be requested from us.
Section 12 Settlement of Disputes
We do not participate in dispute resolution proceedings before a consumer arbitration agency.
The EU Commission’s platform for online dispute resolution can be found herewww.ec.europa.eu/consumers/odr
Section 13 Miscellaneous
The language of the contract is German.
The entire business relationship is exclusively subject to the law of the Federal Republic of Germany. If the contractual partner is a registered businessman, Zwickau is considered the agreed place of jurisdiction.
Notes on battery disposal
Suppliers of batteries or of equipment containing batteries are obligated to inform the customer of the following:
The customer is legally obliged to return used batteries as end user. The customer may return used batteries, which are or were part of the supplier’s product range, free of charge at the dispatch location (dispatch address) of the supplier. The symbols shown on the batteries have the following meaning:
The symbol of the crossed-out dustbin means that the battery must not be disposed of along with household waste.
Pb = Battery contains more than 0.004 mass percent lead
Cd = Battery contains more than 0.002 mass percent cadmium
Hg = Battery contains more than 0.0005 mass percent mercury
