I. Scope of application
1.1 These Terms and Conditions shall apply to all - including future - business relations between the Customer and the Seller. Any deviating terms and conditions of the customer shall not be binding for the seller. They shall only apply with the express written consent of the Seller.
1.2 Older general terms and conditions of business shall hereby cease to apply.
1.3 The Seller sells only to resellers, tradesmen and freelancers. Contractual relations with consumers within the meaning of § 13 BGB (German Civil Code) shall not come about.
2.1 The Seller's offers are subject to change without notice.
2.2 The prices quoted are net prices in euros without value added tax, unless gross prices are indicated separately.
2.3 Errors excepted.
III. Conclusion of contract
3.1 Offers on the Seller's Internet pages are subject to change without notice and are non-binding, unless a binding assurance is expressly given. Orders are only binding if the Seller confirms them or if they are fulfilled by sending the goods. The receipt of a confirmation of receipt of an order does not constitute a confirmation of order.
3.2 The Seller reserves the right to refuse to accept orders without stating reasons. Any claims for damages arising from this are excluded.
3.3 If it turns out that the ordered goods are not available, the seller reserves the right to withdraw from the contract. Any consideration paid by the customer will be refunded immediately.
4.1 Delivery dates communicated to the customer or agreed upon shall be deemed to be indicative and shall only be binding if they have been agreed upon in writing. Adherence to a delivery date is always dependent on timely self-supply. If the possibility of delivery depends on delivery by an upstream supplier and if this delivery fails for reasons for which the seller is not responsible, the seller shall be entitled to withdraw from the contract. The customer shall then not be entitled to claim damages for this reason. The same shall apply if, due to force majeure or other events, delivery becomes significantly more difficult or impossible. Such events include in particular: Fire, flood, industrial dispute, operational disruption, strike, changes in the official approval or legal situation and official orders which are not attributable to the operational risk. In the aforementioned cases, the customer shall be informed immediately of the impossibility of delivery and any performance already rendered shall be refunded without delay.
4.2 Partial deliveries are permissible unless the customer has no recognisable interest in them or they are recognisably unreasonable for him. Partial deliveries shall be accepted by the customer. If the Seller makes use of this right, packaging and shipping costs shall be charged only once, provided that partial delivery is made for reasons for which the Seller is responsible (see also Clause 5.2, sentence 4).
V. Dispatch/Transfer of Risk/Default of Acceptance
5.1 The goods shall be dispatched - in the case of a mail order purchase - from the Seller's warehouse in Berlin or Milan.
5.2 The seller reserves the right to determine the mode of dispatch if the mode of dispatch requested by the customer is not possible. The shipping costs shall be borne in full by the customer. If shipment by parcel is not possible due to exceeding weight, size or volume, the delivery shall be made as freight by forwarding agent or courier. If shipping by parcel is not possible with a single shipment, the customer shall also bear the shipping costs of the additional shipments.
5.3 The risk of loss and deterioration upon delivery shall pass to the customer in all cases as soon as the delivery item leaves the seller's warehouse or business premises. This shall also apply to deliveries free domicile. If delivery is delayed for reasons for which the customer is responsible, the risk shall pass to the customer upon notification that the goods are ready for dispatch.
5.4 If the customer does not accept the goods sold, the seller shall be entitled to insist on acceptance or to demand reasonable compensation for damages and expenses, unless the customer proves that no damage or a lesser damage has been incurred.
5.5 In the event of extraordinarily high damages, the Seller reserves the right to assert such damages. For the duration of the customer's default in acceptance, the seller shall be entitled to store the delivery items at its own premises, at a forwarding agent's or a warehouse keeper's premises at the customer's risk and expense. During the period of default in acceptance, the customer shall compensate the seller for the transport and storage costs incurred as a result. The compensation shall be reduced to the extent that the customer proves that expenses or damage have not been incurred. In the event of exceptionally high storage costs, the seller reserves the right to claim these.
VI. Terms of payment
6.1 The customer may choose to pay in advance, Paypal Plus, Klarna, Sofortüberweisung, credit card, direct debit or on account. The Seller reserves the right to determine a method of payment other than that selected by the Customer without the Customer being able to derive any claims from this.
6.2 Unless expressly agreed otherwise, the customer is not entitled to reduce the invoice amount by discounts, bonuses or other deductions. Payment charges such as bank charges or cash on delivery charges shall be borne by the customer.
6.3 In the event of unpaid direct debits, the Seller shall charge a processing fee of 10.00 euros.
6.4 The default interest rate is 8% above the respective base interest rate since the due date. The Seller shall be entitled to charge a higher default interest rate if it can prove that it has incurred a higher interest loss.
6.5 For orders by telephone, fax or email, a minimum order volume of EUR 50.00 net shall apply and for orders via our online shop EUR 25.00 net. In the case of smaller order volumes, we shall levy a minimum quantity surcharge of EUR 6.00 net.
VII. Retention of Title
7.1 The delivered goods remain the property of the seller until the purchase price has been paid in full. The retention of title shall not expire until the customer has not only paid the goods subject to retention of title in full, but has settled all possible claims, including future claims, arising from the business relationship (current account retention).
7.2 The assertion of the reservation of title or any demand for surrender vis-à-vis the customer shall not constitute a withdrawal from the contract.
7.3 In the event of a default in payment or an expected cessation of payments by the customer, the seller shall be entitled to collect the reserved goods still in the possession of the customer. The customer shall allow the employees of the seller authorised to collect the goods subject to retention of title access to the business premises during office hours.
7.4 The customer is entitled to process, combine and resell the reserved goods as long as he is not in default. The customer shall assign to the seller any claims against third parties arising from the resale of the goods subject to retention of title up to the amount of the claims against the seller to which the customer is entitled.
7.5 If the Seller's retention of title expires due to mixing, combining or processing of the reserved goods, the new item shall take the place of the reserved goods. The Seller shall become co-owner of the new item in proportion to the value of the original reserved goods to the new item at the time of mixing.
7.6 The customer is not entitled to pledge the reserved goods or to assign them as security. The customer shall inform the seller immediately of any deterioration, seizure, confiscation or other dispositions by third parties as well as of the destruction of the reserved goods and shall cooperate in any countermeasures and legal remedies.
7.7 Payments shall first be set off against older debts at the Seller's discretion. If costs of legal action - in particular reminder costs - have already been incurred, the Seller may set off payments by the customer first against these costs, then against interest and finally against the principal claim.
VIII. Prohibition of set-off and right of retention
8.1 The customer is not entitled to offset his own claims against payment claims unless the customer's claims are undisputed or have been legally established.
8.2 The customer is not entitled to counter the seller's payment claims with rights of retention - also from notices of defects - unless they result from the same contractual relationship and are undisputed or have been established as final and absolute or are ready for a decision.
IX. Warranty / Liability
9.1 The customer shall inspect the goods delivered by the seller without delay and notify the seller of any detected or obvious defects without delay, no later than 3 days after delivery.
9.2 Minor deviations in colour, quality or quantity do not entitle the buyer to assert claims of any kind. The same shall apply to insignificant defects.
9.2.1 In the event of a justified complaint about defects, the buyer may demand delivery of a defect-free item or rectification of the defect. The seller can refuse this if the chosen type of subsequent performance is associated with disproportionately high costs. The goods subject to complaint must be returned to the seller postage paid. The return shipment must be registered at www.lotustransfers.com/en/retoure. Unannounced and/or freight collect shipments will not be accepted. Please note: we only accept returns within 30 days from the invoice date.
9.3 If repairs or replacement deliveries fail after a reasonable period of time, the customer has the option of demanding a reduction of the purchase price or cancellation of the contract. The period shall be at least 2 weeks. Rectification or replacement delivery shall be deemed to have failed if three attempts to rectify the defect have not resulted in success.
9.4 If the customer fails to inspect the goods or to notify us of a defect in good time, the delivered goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. Defects discovered later must also be notified to the seller without delay; otherwise the goods shall be deemed approved also with regard to these defects. The notice of defect shall be in writing and shall describe the defect complained of in detail. In all other respects, §§ 377 et seq. of the German Commercial Code (HGB) shall apply.
9.5 In the event of unjustified complaints, the customer shall bear the transport and travel costs as well as the costs of inspecting the goods subject to complaint in accordance with the actual expenditure.
9.6 Warranty claims due to improper handling, installation, use, modification, wear and tear, incorrect storage or overuse are excluded.
9.7 Claims for damages on the part of the buyer, irrespective of the legal grounds, in particular for breach of obligations arising from the contractual obligation and from tort, are excluded. The same applies to claims for reimbursement of expenses.
9.8 Clause 9.7 shall not apply:
9.8.1. to the extent that an exclusion or limitation of liability is prohibited by law (e.g. in the case of product liability);
9.8.2. in cases of intent and gross negligence,
9.8.3. due to injury to life, body or health,
9.8.4. due to the violation of essential contractual obligations, unless the purpose of the contract is not endangered due to the type and effect of the violation.
9.8.5 The claim for damages for the breach of essential contractual obligations shall, however, be limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or liability exists due to injury to life, body or health.
9.9 Any processing or further processing of the goods delivered by the Seller shall void the warranty rights, unless there is a defect in the delivered goods which already existed before the transfer of risk and which was not caused by the processing or further processing. The warranty rights shall expire if the processing or further processing by the customer or other third parties has not been carried out professionally.
9.10. We grant a 2-year warranty on our Lotus heat presses from the date of purchase on the invoice. The warranty conditions for devices from other manufacturers remain unaffected.
X. Data protection and confidentiality
10.1 All personal and business data collected from the customer/prospective customer shall be treated confidentially. The data necessary for the business transaction will be stored and, if necessary, passed on to affiliated companies and delivery agents within the framework of the execution of the order. If the customer/prospective customer discloses his/her e-mail address to the seller, the seller is entitled to send messages and advertising messages to this address, unless the customer/prospective customer expressly objects.
10.2 The Seller furthermore reserves the right to store technically ascertainable identification features of the customer such as e.g. IP address, date and time of the order process. This data will not be passed on to third parties. Upon request, the stored data will be disclosed to the customer.
10.3 The customer is hereby informed of the first storage or transmission in accordance with § 33 BDSG and accepts that no further notifications will be made.
10.4 In the context of granting credit and collecting debts, the customer's data may also be passed on to third parties, in particular to credit insurers and credit agencies for the purpose of checking creditworthiness.
XI. Assignment of claims
The customer is not entitled to assign or transfer his rights and obligations under the contract to third parties.
XII. Severability clause
Should one of the provisions contained in the General Terms and Conditions be or become invalid or should there be a loophole therein, the validity of the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a valid provision which comes as close as possible to the economic purpose of the invalid provision.
XIII. Place of Performance and Jurisdiction
The place of performance of all mutual services arising from the contract shall be the Seller's registered office in Berlin. The place of jurisdiction for all claims arising from the business relationship shall be the Seller's place of business. The contracting parties agree with regard to all legal relationships arising from this contractual relationship, present as well as future after fulfilment of the contract, that German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Lotus Transfer Press Solutions GmbH & Co. KG
Anklamer Str. 38
Odette De Pasquali
Phone: +49 30. 40 50 45 8 0
Status: 1 January 2023