Terms and Conditions

§ 1 Validity, definitions of terms

(1) Visionporter GmbH, Dreimühlenstr.23, 80469 Munich, Germany (hereinafter: “we” or “Lemnosclocks”) operates an online shop for goods on the website https://lemnosclocks.eu. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities.

§ 2 Conclusion of contracts, storage of the contract text

(1) The following provisions on the conclusion of the contract apply to orders via our online shop at https://lemnosclocks.eu.

(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) When an order is received in our online shop, the following rules apply: The customer submits a binding contractual offer by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:

  1. Selecting the desired goods,

  2. Adding the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),

  3. Checking the information in the shopping cart,

  4. Calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),

  5. Entering/checking the address and contact details, Selecting the payment method, Confirming the general terms and conditions and cancellation policy,

  6. If the agreed quality of the goods deviates from their usual quality and conditions of use, Confirming a negative quality agreement,

  7. Completing the order by pressing the “Buy Now” button. This represents your binding order.

  8. The contract is concluded when you receive an order confirmation from us at the specified email address within three working days.

(4) In case of conclusion of the contract, the contract is concluded with Visionporter GmbH, Dreimühlenstr.23, 80469 Munich, Germany (Management: Holger Clasing).

(5) Before ordering, the contract data can be printed out or saved electronically using the browser’s print function. The order is processed and all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, is sent by email after you have placed the order, partly automatically. We do not save the contract text after the contract has been concluded.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by cancelling the order process prematurely, closing the browser window and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject matter of the contract and essential characteristics of the products

(1) The subject matter of the contract in our online shop is:

  1. The sale of goods. The specific goods on offer can be found on our product pages.

(2) The essential characteristics of the goods can be found in the product description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this is expressly stated in the product description (negative quality agreement). If the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.

§ 4 Prices, shipping costs and delivery

(1) The prices and shipping costs listed in the respective offers are total prices and include all price components including all applicable taxes.

(2) The respective purchase price must be paid before the product is delivered (prepayment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately.

(3) In addition to the prices stated, shipping costs may apply for the delivery of products unless the respective article is stated as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.

(4) All products offered are ready for dispatch immediately, unless clearly stated otherwise in the product description (delivery time: in about 3 – 4 working days after receipt of payment).

(5) The following delivery area restrictions apply: Delivery is made to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Iceland, Italy, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus, Austria.

(6) If the delivery of the goods fails for reasons for which you are responsible, you will bear the reasonable costs incurred by us as a result. This does not apply to the costs of delivery if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the provisions made by us in the cancellation policy apply to the return costs.

§ 5 Right of retention, retention of title

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

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

§ 6 Right of withdrawal

As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.

§ 7 Contract Language

The contract language is exclusively German.

§ 8 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual obligations and tortious acts is limited to intent or gross negligence.

(2) We are liable without limitation in the event of slight negligence in the event of injury to life, body or health or in the event of a breach of an essential contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have breached an essential contractual obligation, liability for material and financial damage resulting from this is limited to the damage typically foreseeable under the contract. An essential contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, whose breach endangers the achievement of the purpose of the contract and whose compliance you can regularly rely on. This includes in particular our obligation to take action and to fulfil the contractually owed service, which is described in Section 3.

§ 9 Warranty

(1) The warranty is based on the statutory provisions.

(2) For businesses, the warranty period for delivered goods is 12 months.

(3) As a consumer, you are asked to check the item/digital goods or the service provided for completeness, obvious defects and transport damage immediately upon fulfillment of the contract and to report any complaints to us and the freight forwarder as soon as possible. If you do not do this, this will of course have no effect on your statutory warranty claims.

§ 10 Final Provisions/Dispute Settlement

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer is habitually resident (favorability principle).

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

(3) 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 the customer and the provider is the registered office of the provider.

(4) The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

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