General conditions of sale
These terms and conditions apply to all purchases from Light Bulb e.U [link to “Imprint”] that are made by private customers.
Private customers in this sense are people with their place of residence and delivery address in the Federal Republic of Germany, insofar as the goods they have ordered cannot be attributed to their commercial or independent professional activity.
Business customers are asked to place orders on the order pages that can be accessed via the business customer login [link to business customer login].
Conclusion of contract
The presentation of our goods and the granting of the option to order represent a specific offer on our part to conclude a purchase contract.
By placing your order, you accept the offer and the sales contract is concluded.
You will receive an order confirmation via email to the email address you provided.
Prices and shipping costs
The excellent prices are final prices excl. Value added tax. The amount that is shown at the time of the binding order applies. There are also shipping costs, which depend on the type of shipping and the size and weight of the goods you have ordered. You can find out more about the details under [Link to “Shipping costs”]. We shall bear the regular costs of returning the goods, which arise in the event that you return the goods in exercising your right of withdrawal [Link to “Right of withdrawal”]. If you exercise your right of withdrawal, we will also reimburse you for the shipping costs.
Payment is made on delivery by means of
- Credit card
- Debit charge
- Payment in advance
- Instant bank transfer
If you are in default of payment, Light Bulb e.U is entitled to demand default interest of 5 percentage points above the base rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Light Bulb e.U has demonstrably incurred higher default damage, Light Bulb e.U is entitled to assert this.
Right of retention
The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
(1) Delivery is made to the delivery address specified by the customer within
- U.S.A, Canada
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Light Bulb e.U is not obliged to perform. Amounts already paid will be reimbursed immediately by Light Bulb e.U.
(3) Light Bulb e.U can also refuse to perform if this requires an effort that is grossly disproportionate to the customer’s interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the principles of good faith. Amounts already paid will be reimbursed immediately by Light Bulb e.U.
(4) Bulky goods (packages with a volume greater than 1 square meter) are usually delivered by a forwarding agency. Light Bulb e.U expressly points out that these goods are not carried into the house.
Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged through an opening for a functional test.
(2) Please use the fully franked and addressed return label enclosed with the delivery of goods to return the goods. It is the easiest and cheapest shipping option. You have no obligation to use this return process. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the higher costs than a cheaper shipping method.
(1) A product that is defective at the time of delivery (warranty case) will be replaced by Light Bulb e.U at the customer’s option at Light Bulb e.U’s expense with a defect-free product or professionally repaired (supplementary performance). The customer’s attention is drawn to the fact that there is no warranty case if the product was of the agreed quality when the risk passed. A warranty case does not exist in the following cases in particular:
a) in the event of damage caused to the customer by misuse or improper use,b) in the event of damage caused by the customer’s products being exposed to harmful external influences (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
(2) Light Bulb e.U also provides no guarantee for a fault that has arisen as a result of improper repairs by a service partner who is not authorized by the manufacturer.
(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s service interests in view of the product price, taking into account the content of the contract and the principles of good faith – with the value in particular of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be used without significant disadvantages for the customer – the customer’s claim is limited to the other type of supplementary performance. The right of Light Bulb e.U to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
(4) In the case of repairs as well as in the case of a replacement delivery, the customer is obliged to send the product to the return address specified by Light Bulb e.U, stating the order number. Before sending the product, the customer must remove any objects he has inserted. Light Bulb e.U is not obliged to examine the product for the installation of such objects. Light Bulb eU is not liable for the loss of such objects, unless it was clear to Light Bulb eU when the product was taken back that such an object had been inserted into the product (in this case, Light Bulb eU will inform the customer and keeps the item ready for the customer to collect; the customer bears the costs incurred). Before sending in a product for repair or replacement, the customer must also make separate backup copies of the system software, the applications and all data on the product on a separate data carrier and deactivate all passwords. Liability for data loss is not taken. It is also the responsibility of the customer to install the software and data and reactivate the passwords after the repaired product or the replacement product has been returned.
(5) If the customer sends in the goods in order to receive an exchange product, the return of the defective product is based on the following stipulation: If the customer was able to use the goods in a defect-free condition between delivery and return, they have the value of the ones they took To reimburse usages. For any loss or further deterioration of the goods that was not caused by the defect, as well as for the impossibility of surrendering the goods in the period between delivery of the goods and the return of the goods, the customer must pay compensation. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in the event of a warranty claim,
a) if the defect justifying withdrawal only became apparent during processing or redesign,
b) if Light Bulb e.U is responsible for the deterioration or destruction or if the damage would also have occurred at Light Bulb e.U,
c) if the deterioration or the downfall has occurred to the customer, although the customer has observed the care that he is used to in his own affairs.
(6) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible is based on the statutory provisions.
(7) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.
(9) Light Bulb e.U’s statutory warranty ends two years from delivery of the goods. The deadline starts once goods are received.
The contract concluded between you and Light Bulb e.U is subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the UN sales law. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
Place of jurisdiction
If, contrary to your information when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after signing the contract or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is [registered office of the operator of the online shop].
General information requirements for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, this shall not affect the effectiveness of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.
(2) Changes or additions to this contract must be made in writing.