General Terms and Conditions of Business

1.Area of Application

All deliveries, including all contracts, the subjectmatter of which is consulting and information provided by lotusready.de to a contract partner shall be subject exclusively to the following terms and conditions. Contrary commitments need a written confirmation by the operating authority of lotusready.de. The operating authority has every time the right to change the general terms and conditions of business and to supply them. In advanced received orders are processed according to the old general terms and conditions of business.

2. Terms of Delivery and Performances

The offer of lotusready.de is subject to confirmation and without obligation. Minor and technical changes compared to our images and descriptions are possible. A contract will be achieved only with a written confirmation of order via email or via post. The ordered goods will be sended within 2 to 5 days after the receipt of the payment. In the case of a payment made by direct debit the ordered goods will be sended within 2 to 3 days after the receipt of the order. In the event of default of terms of delivery based on events constituting a force majeure shall, labour disputes, lockouts and other circumstances which substantially impede delivery by lotusready.de or otherwise make such delivery impossible, the term will be appropriately extended.

C.O.D. Parcels

The costumer has to take the product deliverd by cash on delivery. In the event of not taking the product ordered by cash on delivery it is no return in terms of the clause 355 para. 1 s 2 of German Civil Code, which would commit the costumer to bear the costs by not taking the product in terms of the clause 357 para. 2 s 2, because by this additional costs are caused overstepping the legal arrangement of the clause 357 para. 2 s 2. In terms of this extra costs it is the costumers’ default on contract, commiting to indemnity. In the event of not taken the c.o.d. parcel we have to charge in your account the emerging costs overlapping the very reconsignment.

3. Right of Withdrawal

- which were costum-built at costumer’s option.
- which were ensealed or used on data mediums by the costumer.
- consisting of software, sending by email or was already used.

A withdrawal does not need any explanation and is efficient by returning the deliery within a month after getting the goods. The term starts with the day the costumer receives the goods. In the vent of claiming the right of withdrawal the goods can only be returned in unopen original packing. Is the goods ensealed or used, a return is no longer possible.

The withdrawal has to go to LotusReady, Lübecker Str. 41, 10559 Berlin - E-Mail: info (at) lotusready.de
Tel.: +49 30 398 00 827 Fax.: +49 30 398 05 669

4. Transfer of Perils/Acceptance

The costumer has to check the goods directly after receipt it for completeness and damages. Is a complaints ceased within a term of 10 days after receipting the delivery, the acceptance counts as effected. Marginal defects not affecting the functional efficiency, does not authorise the costumer to refuse an acceptance. At the time of the hand-over of the goods to the freight carrier, but no later than at the time of their departure from the plant or storage facility, all risk shall be assumed by the contract partner.

5. Prices and Terms of Payment

All stated prices include a value-added tax. Transit costs and in the event, a costumer wants to have a transit insurance, have to pay by the costumer. As payment cash in advance (bank account, paypal) or cash on delivery are accepted. Variations are only valued in written form (email).

6. Reservation of ownership

All delivered goods shall remain the property of lotusready.de until such time as all claims by lotusready.de arising out of the business relationship have been satisfied. Sending goods for a testing purpose remain the property of lotusready.de.

7. Guarantee

The operating authority of lotusready.de assures, that the goods are serviceable as in the product information described. Technical details and descriptions in the product information demonstrate alone no assurance of definite features. An assurance of feature is only given if the prevailing details are confirmed in written form. Warranty claims to the operating authority of lotusready.de are not transferable. Besides the operating authority of lotusready.de hand on any guarantees of the producer to the costumer without being responsible for it.
In the event of a warranty claim it occures a subsequent improvement or the delivery of a substitute at lotusready.de’s option. In the event that the defects were not disposed within an appropriate, written stated respite, the costumer has the right, to demand the return of the goods or an appropriate minor purchase price. The guarantee drops if the goods were used improperly or were changed by the costumer or a third party. Unless the costumer proves that the circumstances are not the reason for the defects. If the check of the notice of defects shows that a case of guarantee is not existent, the costumer has pay the costs for this check.

8. Commercial Trademark Right and Cpyrights of a Third Party

The operating authority of lotusready.de assumes no liability for software or parts of that, no commercial trademark rights and copyrights of a third party, in case goods are offered by lotusready.de with the authorisation of the third party. If the delivered goods are made according to the wishes of the costumer, the costumer has to hold the operating authority of lotusready.de free and harmless of any claims the third party has in the case of an injury of commercial trademark rights.

9. Liability

The operating authority of lotusready.de issues no guarantee or conditions explicitly in matters of non-violating the right of a third party or the goods’ aptitude for a certain purpose. The operating authority of lotusready.de assumes no liability of the costumer for special damages caused by the use including losses of profit or savings as well as for requirements of a third party.The licence holder accepts it explicitly and agrees on this nonliability. Claims for damages prescribe after six month after the delivery of the goods.

10. Gift Vouchers

11. General Terms/ Place of Jurisdiction

The costumer has no right to transfer a title to a third party. The place of performance and jurisdiction for both contract parties is Berlin-Mitte; the court of jurisdiction shall be the responsible court in Berlin. All general terms and conditions of business apply to the legal regulations to the Federal Republic of Germany.

12. Data Protection

The data necessary for a purchase are used and saved by means of a data system according to para. 33 (BDGS). Personal data are kept in confidence and were not given to a third party. One exception is the transfer of the part of the costumers data that is necessary for the shipping (name, address, etc.).

Severability Clause

If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the ineffective or uncomplete clause will be replaced or completed by appropriate rules corresponding to the purpose of the wanted rule. Clauses that are not affected remain inaffected.