General Terms and Conditions MonoLux

 

1. Contracting Party
   

Contracting Party is the company
MonoLux
Ott-Heinrich-Straße 26a
85051 Ingolstadt
Phone: +49 (0) 179 7803933
E-Mail: showroom@mono-lux.de

Represented by:
Oliver Angermüller
Sales tax identification number: DE228435140

 

2. Scope

The following General Terms and Conditions (GTC) apply to all mutual claims from and in connection with a contract between the customer and MonoLux regarding the delivery of goods, services, seminars, conferences or workshops. They also apply to future business relations between the customer/client/company etc. and us. They apply to our online shop and to all other forms of contract conclusion. Other conditions do not become part of the contract, even if MonoLux is silent or does not expressly object to an inclusion declared by the customer. A consent to the inclusion of conditions of the customer is also not in the provision of the agreed service, its unconditional acceptance or payment of the agreed fee.

 

3. Conclusion of contract
   

3.1. MonoLux offers all goods and services in the online shop. Predominantly to the topic lighting. The products offered in the shop are not binding offers. The contract is only concluded by the acceptance by MonoLux.

3.2. An offer is made with the online order via the shopping cart,  e-mail or by telephone. By clicking on the order button, the customer makes a legally binding offer for the goods in the shopping cart. The purchase contract is only concluded with the transmission of the order confirmation.

3.3. Registrations for seminars etc. also become legally binding with our written order confirmation. If a simultaneous overbooking occurs, the participant will be informed immediately by MonoLux. MonoLux reserves the right to accept the customer’s offer within 5 days. A binding contract can only be concluded by prior full payment through our online payment services PayPal or credit card payment of various providers. The applicable terms of use can be found on the respective services on their websites.

3.4. Product names, product photos and their logos are property of the manufacturers. Images may differ from our delivered products.

3.5. Should MonoLux determine after conclusion of the contract that an article is no longer available and/or can no longer be delivered by the manufacturer, MonoLux can offer something comparable or withdraw from the contract without compensation. The consumer also has a right of withdrawal in principle.

 

4. Right of revocation
   

4.1. Consumers have a right of withdrawal according to the following conditions.

Cancellation policy

4.2. You are entitled to revoke this contract within fourteen (14) days without giving reasons.

4.3. The fourteen (14) day cancellation period shall commence on the date on which you or a third party designated by you, other than the shipping service provider, took possession of the Products or, if your order consists of several separately delivered Products, on the date of delivery of the last Product(s) of your order (hereinafter “cancellation period”).

4.4. In order to exercise your right of revocation, you must inform us (company MonoLux, proprietor Oliver Angermüller, Ott-Heinrich-Straße 26a, 85051 Ingolstadt, phone: +49 (0) 179 7803933, e-mail: showroom@mono-lux.de) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the sample revocation form for this purpose, which you can download and print out in our online shop. However, the use of this form is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

4.5. You must then return or send back your products in suitable packaging immediately, but no later than fourteen (14) days after the date on which you notified us of your revocation. This period shall be deemed to have been observed if you return the products before the end of the period.

4.6. If you cancel a purchase agreement during the cancellation period, we will reimburse you within fourteen (14) days of the date we receive your cancellation notice at the latest for all payments already made by you, including shipping costs (provided that the returned standard product(s) represent(s) the entire order and excluding additional costs caused by the fact that you have chosen a different shipping method from the cheapest standard shipping method offered by us, if available). For this refund, we will use the same payment method you used for the original transaction, unless we agree otherwise with you; in no event will we charge you for refunds. We may withhold a refund until we have received the returned Products or until you have provided proof of return of the Products, whichever is earlier.

4.7. You will only be liable for any loss of value of the Products if such loss of value is due to improper use by you but the nature, features and functionality of the Products have been maintained.

4.8. The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

 

5. Prices and shipping costs
   

The prices in the online shop are total prices including the statutory German value added tax. For deliveries within Germany we charge a flat rate of 7.90 € per order for orders up to 150 €. From an order value over 150,- € there are no shipping costs. For orders to foreign countries we charge a minimum of 15,90 €. Here additional costs (customs duties etc.) may arise when importing into a third country. These costs are to be borne by the respective purchaser.

 

6. Shipping and delivery
   

The goods will be sent to the delivery address provided by the customer. Goods in stock will be shipped within 1-4 working days. MonoLux reserves the legal delivery time. For goods which are not in stock and must first be ordered from the manufacturer, the legal delivery obligation does not apply; usually delivery times between 3-6 weeks can be expected. In the case of legally recognised public holidays, the dispatch can be postponed accordingly. If it is not possible to deliver the goods to the customer, the customer bears the costs for the additional shipping.

 

7. Retention of title

MonoLux reserves the right of ownership of all goods delivered by it to a customer until the final and complete fulfilment of all claims to which MonoLux is entitled from the entire business relationship with the customer.

 

8. Damages in transit

If obvious damage occurs during transport, please make a complaint immediately to the transport company and send us an e-mail directly.

 

9. Warranty

In the event of defects in the delivered goods, our customers have a legal warranty obligation. We are obliged to eliminate the defect free of charge or, as far as possible, to deliver a replacement. If disproportionately high costs are incurred, we are entitled to take back the goods and refund the amount. Claims for defects are excluded if they occur in accordance with the legal warranty obligation. The warranty period is two years. It begins with the receipt of the goods by the customer. When purchasing returned goods marked as such (articles that were returned to Re-In within the scope of the right of withdrawal), the warranty period is 1 year. If the customer resells the purchased items commercially to a consumer, §479 BGB shall apply in addition. The warranty applies only to the goods sold by us. Any assembly costs incurred or further costs arising in this context shall be borne by the customer and shall not be reimbursed. The customer indemnifies MonoLux from claims of third parties. In case of improper handling and wilful damage to the goods there is no warranty claim. In general, we attach great importance to your customer satisfaction, therefore your request will be processed by us as soon as possible.

 

10. Liability

10.1. MonoLux, its owner and its vicarious agents are liable in cases of positive breach of contract, delay, impossibility, tort and for other legal reasons (except pre-contractual violations) for intent and gross negligence. In case of culpable damage to life, health or body, in case of culpable violation of contractual cardinal obligations (main contractual obligations) or in case of fraudulent deception MonoLux is liable to the legal extent. Only in the case of a breach of cardinal obligations, the liability is limited to the typical, foreseeable damages at the time of conclusion of the contract. The term cardinal obligations is either used to indicate a concretely described, essential breach of duty which endangers the achievement of the purpose of the contract or is explained in an abstract way as a duty, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer can regularly rely. In case of default, the customer has the right to withdraw from the contract as an alternative to compensation.

10.2. In case of data loss, MonoLux is only liable if the customer has verifiably backed up the data regularly at least once a day. The liability for data loss is limited to the restoration effort if a backup copy exists, unless the data loss was caused by MonoLux intentionally or through gross negligence. Otherwise, with the exception of cases of intent, liability is excluded.

10.3. The scope of liability of MonoLux under the Product Liability Act remains unaffected.

10.4. The above provisions reflect the full scope of liability of MonoLux, its management and employees. Any further liability is excluded.

 

11. Force majeure
    

MonoLux shall not be liable for any delay in performance or compliance or for failure to perform or comply with our obligations under MonoLux’s terms and conditions of business if such delay or failure or non-compliance is due to causes beyond MonoLux’s reasonable control.

 

12. Seminar services
    

The seminars, workshops or conferences usually include all seminar documents including pens, markers and writing pads as well as a complete catering with food and drinks. For day seminars, this includes a coffee break in the morning and afternoon, a multi-course lunch and drinks during the training sessions. For shorter training courses, drinks are included as a minimum. The participant amount in the shopping cart counts for the selected number of persons. Travel or accommodation costs are to be borne by the participant.

For important reasons the seminar location can be relocated within a radius of 50km. MonoLux is entitled to cancel an event for economic or organizational reasons. In this case MonoLux will refund the participation fees already paid. No further claims can be derived from this. Possible cancellation or rebooking fees for transport or accommodation booked by the participant will not be refunded by MonoLux.

 

13. Seminar cancellation

Cancellation without giving reasons is possible until 30 days before the event. MonoLux retains a processing fee of 10% of the invoice amount. For cancellations from 29 days to 14 days before the event, half of the fee is due. From 13 days before the event, the full seminar amount is retained. The participant then has the opportunity to nominate a replacement participant in writing at no additional cost. After consultation and availability, participation at another event location is also possible. For this the written confirmation of MonoLux is necessary.

 

14. Copyrights

14.1. All trademarks, service marks, logos and trade names, whether registered or not, which appear on MonoLux products, product packaging and/or the website (hereinafter “trademarks”) remain the exclusive property of MonoLux or its licensors and are protected by applicable trademark law and applicable trademark conventions. You may not use, copy, reproduce, publish, upload, post, transmit, distribute, or modify the Trademarks in any way, including in advertising or publicity pertaining to marketing materials on the Site, without the prior written permission of MonoLux. Without the prior express written consent of MonoLux, the use of the Trademarks on other websites or in networked computer environments, such as storing or reproducing (part of) the Website on an external Internet website or creating links, hypertext, links or deep links between the Website and other Internet websites, is prohibited.

14.2. All material you receive at our events is protected by copyright. It is forbidden for participants to modify, copy, change the content or editorial content of seminar documents and to pass them on to third parties. A simple right of use is granted for personal use. A publication of any kind is therefore prohibited. This also includes publications in internal company networks. Any infringement will be prosecuted.

 

15. Data Protection Notice

The legal data protection regulations apply. Details on the collection and use of your personal data can be found on our website in the data protection information.

 

16. Information on batteries

Some of the products sold by MonoLux contain batteries.

Batteries and rechargeable batteries, which contain dangerous substances, are clearly marked as such by the symbol of the crossed out garbage can. The chemical designations of the respective hazardous substances are possibly indicated under the symbol of the crossed-out dustbin. Examples of such substances are lead (Pb), cadmium (Cd) and mercury (Hg).

Waste batteries and rechargeable batteries must not be disposed of with normal household waste. These batteries can be disposed of free of charge at a municipal collection point or in a shop. You can also hand in purchased and rechargeable batteries (without appliances) personally. Please do not send batteries to us by post.

 

17. Miscellaneous

17.1. These General Terms and Conditions are subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods.

17.2. The customer shall have no right of set-off or retention, unless the claim is undisputed or has been legally established by a court of law.

17.3. The place of performance for payments is the business location of MonoLux. For deliveries, the place of performance is either MonoLux or the place of dispatch of the first shipper who works for MonoLux.

17.4. If the contract partner is a merchant in the sense of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, MonoLux chooses a legal place of jurisdiction.

17.5. The European Commission provides a platform for online dispute resolution (OS), which you can download here To participate in a dispute resolution procedure before a consumer arbitration board, we are not obliged and not ready.

17.6. We reserve the right to change these terms and conditions at any time. The use of this website and all sales contracts between you and us are subject to the current version of the Terms and Conditions of MonoLux at the time of your order via the website or on the day you visit this website. Please check the MonoLux Terms and Conditions regularly for changes.

Juni 2019

MonoLux