Terms and Condition
General Terms and Conditions
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
9. Special conditions for repair services
10. Applicable Law
11. Place of Jurisdiction
12. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions of the company P&K Lie GmbH (hereinafter
referred to as "Seller”) shall apply to all contracts concluded between a consumer or a
trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or
services presented in the Seller's online shop. The inclusion of the Client’s own
conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any natural person
concluding a legal transaction for a purpose attributed neither to a mainly commercial
nor a self-employed occupational activity. A trader pursuant to these Terms and
Conditions is any natural or legal person or partnership with legal capacity acting in the
performance of a commercial or self-employed occupational activity when concluding a
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers
on the part of the Seller, but are merely descriptions which allow the Client to submit a a
2.2 The Client may submit the offer via the online order form integrated into the Seller's
online shop. In doing so, after having placed the selected goods and/or services in the
virtual basket and passed through the ordering process, and by clicking the button
finalizing the order process, the Client submits a legally binding offer of contract with
regard to the goods and/or services contained in the virtual basket. The Client may also
submit his offer to the Seller by telephone, fax, e-mail, post or per online contact form.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form
(fax or e-mail), insofar as receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client, insofar as receipt of goods by the customer
is decisive, or
- by requesting the Client to pay after placing his order.
The contract shall be concluded at the time when one of the aforementioned
alternatives firstly occurs. Should the Seller not accept the Client's offer within the
aforementioned period of time, this shall be deemed as rejecting the offer, with the
effect that the Client is no longer bound by his statement of intent.
2.4 When submitting an offer via the Seller's online order form, the text of the contract
is stored by the Seller after the contract has been concluded and transmitted to the
Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller
shall not make the contract text accessible beyond this. If the Client has set up a user
account in the Seller's online shop prior to sending his order, the order data shall be
stored on the Seller's website and can be accessed by the Client free of charge via his
password-protected user account by specifying the corresponding login data.
2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may
recognize input errors by attentively reading the information displayed on the screen.
Use of the enlargement function of the browser to enlarge the display on the screen may
be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function
during the electronic ordering process, until he clicks the button finalizing the ordering
2.6 The German and the English language are exclusively available for the conclusion of
2.7 Order processing and contacting usually take place via e-mail and automated order
processing. It is the Client’s responsibility to ensure that the e-mail address he provides
for the order processing is accurate so that e-mails sent by the Seller can be received at
this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to
ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller
with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel is provided in the Seller’s instruction
3.3 The right to cancel does not apply to consumers who are not nationals of a member
state of the European Union at the time of concluding the contract and whose exclusive
domicile and delivery address are located outside the European Union at the time of
concluding the contract.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product descriptions, prices indicated are total prices
and include the statutory value-added tax. Any possible additional delivery and dispatch
costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online
4.3 In case of delivery to countries outside the European Union, additional costs may be
incurred in individual cases for which the Seller is not responsible and which have to be
borne by the Client. This includes, for example, transfer fees charged by banking
institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such
additional costs regarding money transfer may also be incurred, if the Client carries out
the payment from a country outside the European Union, even if delivery is not made in
a country outside the European Union .
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately
after conclusion of the contract, unless the parties have arranged a later maturity date
4.5 When payments are made using a payment method offered by PayPal, handling of
payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie,
S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”)
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. In case the client has
no PayPal account, the conditions applicable for payments without PayPal account will
be effective. They can be viewed at:
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address
indicated by the Client, unless agreed otherwise. In the case of an order placed via the
Seller's online order form, the delivery address specified in the online order form shall be
decisive. However, in case the Client selects the payment method PayPal, the delivery
address deposited with PayPal at the date of payment shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because
delivery to the Client was not possible, the Client bears the costs for the unsuccessful
dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the
delivery cannot be made due to circumstances beyond the Client's control, or if he has
been temporarily impeded from receiving the offered service, unless the Seller has
notified the Client for a reasonable time in advance about the service.
5.3 In case the Client is a trader, the risk of accidental destruction and accidental
deterioration of the sold goods shall be transferred to the Client upon delivery of the
goods to the freight forwarder, carrier or other person or institution designated with the
task of performing shipment. In case the Client is a consumer, the risk of accidental
destruction and accidental deterioration of the sold goods shall in principle be
transferred to the Client upon delivery of the goods to the Client or to an authorized
recipient. Deviating from this, even in case the Client is a consumer, the risk of
accidental destruction and accidental deterioration of the sold goods is transferred to
the Client upon delivery of the goods to the freight forwarder, carrier or other person or
institution designated with the task of performing shipment, if the Client has instructed
the freight forwarder, carrier or other person or institution designated with the task of
performing shipment to carry out the delivery of the goods and if the choice of this
person or institution was not previously offered by the Seller.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect
or improper self-supply. This only applies if the Seller is not responsible for the
non-supply and if he has concluded a concrete hedging transaction with the supplier.
The Seller shall make all reasonable efforts to obtain the goods. In case of
non-availability or partial availability of the goods he shall inform the Client and grant
him immediately counterperformance.
5.5 Should the Client collect the goods himself, the Seller informs the Client by e-mail
that the goods are available for collection. After receiving the e-mail, the Client may
collect the goods in consultation with the Seller. In this case, shipment costs will not be
6) Reservation of Proprietary Rights
If the Client is a consumer, the Seller retains title of ownership to the delivered goods
until the purchase price owed has been paid in full.
6.1 If the Client is a trader, the Seller reserves title to the goods delivered until the
fulfillment of all claims arising out of the current business relationship.
6.2 If the Client is a trader, he is entitled to resell the reserved goods in the course of
regular business operations. All claims resulting from such course of business against a
third party shall herewith be assigned in advance to the Seller in the amount of the
respective invoice value (including VAT). This assignment of claims shall be valid
regardless of whether the reserved goods are processed prior to or after resale or not.
The Client remains entitled to collect the claims even after assignment. However, the
Seller shall refrain from collecting the claims as long as the Client meets his payment
obligations, he is not in default, and no application has been lodged to open insolvency
Should the object of purchase be deficient, statutory provisions shall apply. Deviating
therefrom, the following shall apply:
7.1 For traders,
- a marginal defect shall generally not constitute warranty claims defects,
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for defects shall be one year from transfer of risk,
- for used goods, rights and claims for defects are generally excluded,
- the limitation period shall not recommence if a replacement delivery is carried out
within the scope of liability for defects.
7.2 If the client acts as a consumer, the following restriction applies to used goods:
Claims for defects are excluded if the defect does not occur until one year after delivery
of the goods. Defects that occur within one year of delivery of the goods can be asserted
within the statutory limitation period.
7.3 The aforementioned limitations of liability and the restrictions of limitation periods
do not apply
- to a product, which was not used, in accordance with its usual application, for building
construction and which was the cause of the building's defectiveness,
- to claims for damages and reimbursement of expenses by the Client.
- If the Seller has fraudulently concealed the defect.
7.4 Furthermore, for traders the statutory limitation periods for recourse claims
pursuant to section 445b of the German Civil Code (BGB) remain unaffected.
7.5 If the Client is a businessperson pursuant to section 1 of the German Commercial
Code (HGB) he has the commercial duty to examine the goods and notify the Seller of
defects pursuant to section 377 HGB. Should the Client neglect the obligations of
disclosure specified therein, the goods shall be deemed approved.
7.6 If the Client is a consumer, the forwarding agent has to be immediately notified of
any obvious transport damages and the Seller has to be informed accordingly. Should
the Client fail to comply therewith, this shall not affect his statutory or contractual
claims for defects.
The Seller shall be liable to the Client for any contractual and quasi-contractual claims
and for claims of liability in tort regarding damages and effort compensation as follows:
8.1 The Seller shall face unlimited liability regardless of the legal ground
- in case of intent or gross negligence,
- in case of injuries of life, body, or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the
8.2 If the Seller negligently infringes an essential contractual duty, the liability to pay
damages shall be limited to the foreseeable, typically occurring damage, unless
unlimited liability applies pursuant to the aforementioned Section. Essential significant
contractual obligations are obligations the contract imposes on the Seller according to
its content to meet the purpose of the contract and whose fulfillment is essential for the
due and proper implementation of the contract and on the fulfillment of which the Client
can regularly rely.
8.3 For the rest, the Seller’s liability is excluded.
8.4 The aforementioned provisions on liability apply also to the Seller’s liability
regarding his legal representatives and vicarious agents.
9) Special conditions for repair services
If the seller is responsible for the repair of a customer's item under the terms of the
contract, the following shall apply:
9.1 Repair services shall be provided at the seller's registered office.
9.2 The seller shall render his services at his discretion either in his own person or by
qualified personnel selected by him. The seller may also make use of the services of
third parties (subcontractors) who act on his behalf. Unless otherwise stated in the
seller's service description, the customer has no right to select a specific person to
perform the desired service.
9.3 The customer must provide the seller with all information necessary for the repair of
the item unless its procurement does fall within the seller's scope of duties according to
the contents of the contract. In particular, the customer must provide the seller with a
comprehensive description of the defect and inform him of all circumstances which may
be the cause of the defect found.
9.4 Unless otherwise agreed, the customer must send the item to be repaired to the
seller's registered office at his own expense and risk. The seller recommends the
customer to conclude a transport insurance for this purpose. Furthermore, the seller
recommends the customer to send the goods in suitable transport packaging in order to
reduce the risk of transport damage and to conceal the contents of the packaging. The
seller will immediately inform the customer of obvious transport damage so that the
customer can assert any rights he may have against the transport company.
9.5 The return of the goods shall be at the customer's expense. The risk of accidental
loss and accidental deterioration of the item passes to the customer when the item is
handed over to a suitable transport person at the seller's place of business. At the
customer's request, the seller will conclude a transport insurance for the goods.
9.6 The customer can also transfer the item to be repaired at the seller's place of
business and collect it again from the seller if this results from the seller's service
description or if the parties have made a corresponding agreement in this respect. In
this case, the above provisions regarding the bearing of costs and risks shall apply
accordingly when the goods are dispatched and returned.
9.7 The aforementioned regulations do not limit the statutory rights of the customer in
the event of the purchase of goods from the seller.
9.8 The seller shall be liable for defects in the repair service provided in accordance
with the provisions regarding statutory liability for defects.
10) Applicable Law
10.1 The law of the Federal Republic of Germany shall apply to all legal relationships
between the parties under exclusion of the laws governing the international purchase of
movable goods. For consumers, this choice of law applies only to the extent that the
granted protection is not withdrawn by mandatory provisions of the law of the country in
which the consumer has his habitual residence.
10.2 Furthermore, this choice of law regarding the right to cancel does not apply to
consumers who are not nationals of a Member State of the European Union at the time
of concluding the contract and whose exclusive domicile and delivery address are
located outside of the European Union at the time of concluding the contract.
11) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law, or a separate estate under
public law with its seat in the territory of the Federal Republic of Germany, the Seller’s
place of business shall be the sole place of jurisdiction for all legal disputes arising from
this contract. If the Client is domiciled outside the territory of the Federal Republic of
Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal
disputes arising from this contract,provided that the contract or claims from the contract
can be assigned to the Client’s professional or commercial activities. In any event
however, regarding the aforementioned cases, the Seller is entitled to appeal to the
court which has jurisdiction over the area where the Client’s place of business is located.
12) Alternative Dispute Resolution
12.1 The EU Commission provides on its website the following link to the ODR platform:
This platform shall be a point of entry for out-of-court resolutions of disputes arising
from online sales and service contracts concluded between consumers and traders.
12.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure
before an alternative dispute resolution entity.
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