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General Terms and Conditions

Deutsche Version: AGBs
Version française : Conditions générales de vente
Versione italiana: Termini e condizioni generali
 
 

1. Scope

1.1 These General Terms and Conditions apply to all orders placed via our online shop at:

www.maschinenbau-lindemann.de

1.2 The contracting party is:

Maschinenbau Lindemann GmbH
Derchinger Straße 85 1/2
86165 Augsburg
Germany

Email: info@maschinenbau-lindemann.de
Website: www.maschinenbau-lindemann.de

Registry Court: Local Court of Augsburg
Commercial Register Number: HRB 43143
Managing Director: Andreas Lindemann
VAT ID No.: DE464950250

1.3 Our offer is aimed at both consumers and businesses.

1.4 A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.

1.5 A business is a natural or legal person or a partnership with legal capacity who, when entering into the legal transaction, acts in the exercise of their trade, business or profession.

1.6 In relation to businesses, these General Terms and Conditions also apply to future business relationships without us having to refer to them again.

1.7 Deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if we expressly agree to their validity.

2. Conclusion of Contract

2.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.

2.2 The customer may initially place products in the shopping cart without obligation and may correct their entries at any time before submitting the binding order.

2.3 By clicking the button “order with obligation to pay”, the customer submits a binding offer to purchase the goods contained in the shopping cart.

2.4 Immediately after submitting the order, the customer receives an automatic confirmation of receipt by email. This confirmation merely confirms receipt of the order and does not yet constitute acceptance of the offer, unless the email expressly states otherwise.

2.5 If an immediate payment method is selected, in particular PayPal, credit card or other payment methods offered via Stripe, the contract is concluded as soon as the payment process has been successfully completed or confirmed by the payment service provider.

2.6 If the payment method advance payment by bank transfer is selected, the contract is concluded as soon as we expressly accept the order by order confirmation, dispatch the goods or request payment from the customer.

2.7 If, in the case of advance payment by bank transfer, we initially send only a confirmation of receipt without a request for payment, this does not yet constitute acceptance of the order. In this case, the order confirmation will be issued after receipt of payment or by a separate express declaration of acceptance.

3. Contract Language and Storage of Contract Text

3.1 The language available for the conclusion of the contract is German.

3.2 We store the contract text. The customer receives the order data, these General Terms and Conditions and the further contractual information by email.

3.3 The current version of these General Terms and Conditions is also available on our website.

4. Prices and Shipping Costs

4.1 All prices include statutory VAT, unless expressly stated otherwise.

4.2 Shipping costs may apply in addition. The shipping costs are shown to the customer in the online shop and during the ordering process before the order is submitted.

4.3 For deliveries to countries outside the European Union, additional costs may be incurred, for example customs duties, import charges, taxes or bank fees. These costs shall be borne by the customer unless expressly agreed otherwise.

5. Payment Terms

5.1 The customer may choose from the payment methods offered in the online shop.

5.2 We reserve the right to exclude individual payment methods or to offer only certain payment methods.

5.3 If payment is made via a payment service provider, for example PayPal, credit card or other payment methods offered via Stripe, payment is processed by the respective payment service provider. The terms and conditions of the respective payment service provider also apply.

5.4 If the payment method advance payment by bank transfer is selected, the customer initially receives a confirmation of receipt. The bank details required for payment will be provided to the customer during the ordering process, in the confirmation of receipt or in a separate payment notice.

5.5 In the case of advance payment by bank transfer, processing and dispatch of the goods will take place only after receipt of payment, unless expressly agreed otherwise.

5.6 In the case of advance payment by bank transfer, the invoice amount must be transferred to the specified bank account within 7 calendar days after receipt of the payment information.

5.7 If payment is not received within this period, we reserve the right not to accept the order or, if a contract has already been concluded, to withdraw from the contract in accordance with statutory provisions.

6. Delivery

6.1 Delivery will be made to the delivery address provided by the customer.

6.2 Depending on the product type and delivery address, delivery will be made by parcel service or freight carrier.

6.3 Delivery times are stated in the respective offer, during the ordering process or in the order confirmation.

6.4 In the event of delivery delays, we will inform the customer without undue delay.

6.5 Partial deliveries are permitted if they are reasonable for the customer. Additional shipping costs will only be charged to the customer if this has been expressly agreed.

6.6 If delivery fails for reasons attributable to the customer, the customer shall bear the reasonable additional costs incurred as a result.

7. Freight Deliveries

7.1 In the case of freight deliveries, delivery is generally made to the curbside of the specified delivery address, unless expressly agreed otherwise.

7.2 The customer is obliged to provide a telephone number or suitable contact details for arranging the delivery date in the case of freight deliveries, where this is required for delivery.

7.3 The customer must ensure that the delivery address is accessible by suitable vehicles and that the goods can be accepted on the agreed delivery date.

7.4 Additional costs caused by an unsuccessful delivery attributable to the customer, incorrect address details, lack of availability or default of acceptance may be charged to the customer in a reasonable amount.

8. Collection by the Customer

Collection by the customer is only possible by prior arrangement.

9. Retention of Title

9.1 The goods remain our property until full payment has been made.

9.2 In relation to businesses, we retain title to the goods until all claims arising from the ongoing business relationship have been paid in full.

9.3 The business is entitled to resell the goods subject to retention of title in the ordinary course of business. The business hereby assigns to us all claims arising from resale in the amount of the invoice amount. We accept this assignment. The business remains entitled to collect the claim. We may collect the claim ourselves if the business fails to meet its payment obligations.

10. Right of Withdrawal for Consumers

10.1 Consumers generally have a statutory right of withdrawal.

10.2 Businesses are not granted a statutory or voluntary right of withdrawal.

10.3 Details of the right of withdrawal are set out in the withdrawal instructions and the model withdrawal form below.

10.4 Consumers may also declare their withdrawal using the withdrawal function provided on our website.

10.5 If the consumer uses the online withdrawal function, we will confirm receipt of the withdrawal without undue delay on a durable medium, for example by email.

11. Withdrawal Instructions and Return Costs

Right of Withdrawal

11.1 Consumers have the right to withdraw from this contract within fourteen days without giving any reason.

11.2 The withdrawal period is fourteen days from the day,

a) on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods;

or

b) in the case of a contract for several goods which you ordered as part of a single order and which are delivered separately, on which you or a third party named by you, who is not the carrier, have or has taken possession of the last goods;

or

c) in the case of a contract for the delivery of goods in several partial shipments or pieces, on which you or a third party named by you, who is not the carrier, have or has taken possession of the last partial shipment or the last piece.

11.3 To exercise your right of withdrawal, you must inform us,

Maschinenbau Lindemann GmbH

Derchinger Straße 85 1/2

86165 Augsburg

Germany

Email: info@maschinenbau-lindemann.de

by means of a clear statement, for example a letter sent by post or an email, of your decision to withdraw from this contract.

11.4 You may use the model withdrawal form below, but this is not mandatory.

11.5 You may also declare your withdrawal electronically via our website:

Electronic notice of withdrawal

If you make use of this option, we will confirm receipt of such withdrawal without undue delay on a durable medium, for example by email.

11.6 To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

11.7 If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs, without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract.

11.8 For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged any fees for this reimbursement.

11.9 Additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us will not be reimbursed.

11.10 In the case of goods that can be returned by parcel shipment, we may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

11.11 You must return or hand over goods that can be returned by parcel shipment to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you dispatch the goods that can be returned by parcel shipment before the period of fourteen days has expired.

11.12 Goods that cannot be returned by parcel shipment will be collected from you or must be returned by freight carrier after prior arrangement.

11.13 You shall bear the direct costs of returning the goods.

11.14 For goods that can be returned by parcel shipment, you shall bear the direct costs of return shipment.

11.15 For goods that cannot be returned by parcel shipment, you shall bear the direct costs of return shipment. These costs are estimated at a maximum of EUR 71.40 gross within Germany and a maximum of EUR 178.50 gross for returns from other EU countries.

11.16 You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary for checking their condition, properties and functioning.

Exclusion or Premature Expiry of the Right of Withdrawal

11.17 To the extent permitted by law, the right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

11.18 The right of withdrawal also does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

11.19 Businesses are not granted a statutory or voluntary right of withdrawal.

12. Model Withdrawal Form

If you wish to withdraw from the contract, please complete this form and return it to:

Maschinenbau Lindemann GmbH

Derchinger Straße 85 1/2

86165 Augsburg

Germany

Email: info@maschinenbau-lindemann.de

I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods:

Ordered on () / received on ():

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s), only if notified on paper:

Date:

(*) Delete as appropriate.

13. Transport Damage

13.1 For consumers, the following applies: If goods are delivered with obvious transport damage, we kindly ask the customer to complain about such damage to the delivery company as soon as possible and to contact us without undue delay.

13.2 Failure to make a complaint or to contact us has no effect on the consumer’s statutory rights and their enforcement, in particular their warranty rights.

13.3 For businesses, the following applies: The risk of accidental loss and accidental deterioration of the goods passes to the business as soon as we have handed over the goods to the freight forwarder, carrier or other person designated to carry out the shipment.

13.4 Businesses must inspect the goods without undue delay after delivery and notify us of any visible defects without undue delay. If such notification is not made, the goods are deemed approved, unless the defect was not detectable during inspection.

14. Warranty

14.1 Statutory warranty rights apply.

14.2 In relation to consumers, the statutory limitation period for warranty claims for new goods is two years from delivery of the goods.

14.3 In relation to businesses, the limitation period for warranty claims for new goods is one year from the passing of risk, unless a longer statutory period is mandatory.

14.4 The reduction of the limitation period in relation to businesses does not apply to claims for damages arising from injury to life, body or health, to damages caused by intentional or grossly negligent breach of duty, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee or to claims under the German Product Liability Act.

14.5 Guarantees only exist if they are expressly designated as such and declared separately.

15. Customer Service, Repairs and Spare Parts

15.1 We attach great importance to service-friendly product design and, where possible, support customers even after the statutory warranty period has expired with spare parts, repairs and technical assistance.

15.2 Services outside the statutory warranty must be agreed separately and may be subject to a charge.

15.3 The customer’s statutory rights remain unaffected.

16. Product Safety and Intended Use

16.1 Our products are electric pottery wheels and accessories intended for use in ceramics and pottery.

16.2 The customer must observe the operating, safety and care instructions supplied with the products.

16.3 The products may only be used in accordance with their intended purpose.

16.4 Modifications, alterations or improper use may impair safety and function.

16.5 Statutory warranty rights remain unaffected, provided the defect was not caused by improper handling, use contrary to the intended purpose, incorrect assembly by the customer, unauthorized modifications or failure to observe the operating and safety instructions.

17. Liability

17.1 We have unlimited liability for damages arising from injury to life, body or health.

17.2 We also have unlimited liability in cases of intent and gross negligence.

17.3 In the event of a slightly negligent breach of essential contractual obligations, our liability is limited to the typical, foreseeable damage. Essential contractual obligations are obligations whose fulfillment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely.

17.4 The limitations of liability do not apply if we have fraudulently concealed a defect, assumed a guarantee or are mandatorily liable under the German Product Liability Act.

18. Technical Changes and Product Images

18.1 Images, drawings, technical illustrations and product descriptions serve to describe the goods.

18.2 Minor technical changes, design improvements or visual deviations are reserved, provided they are reasonable for the customer and do not materially impair the agreed quality of the goods.

18.3 Rights to trademarks, product names, images, texts, technical drawings and other content remain with us or the respective rights holders.

19. Alternative Dispute Resolution

19.1 The European Commission provides, or has provided, a platform for online dispute resolution and related statutory information services. Due to legal changes and transitional periods, this notice should be reviewed again before publication.

19.2 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

20. Applicable Law

20.1 German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

20.2 In relation to consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the country in which the consumer has their habitual residence.

21. Place of Jurisdiction

21.1 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between us and the customer shall be our registered office.

21.2 In relation to consumers, the statutory places of jurisdiction apply.

22. Final Provisions

22.1 If individual provisions of these General Terms and Conditions are or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

22.2 Amendments and supplements to the contract must be made in text form, to the extent permitted by law.


21.08.2026