General Terms and Conditions and Customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (LEOGANT GmbH) via the www.leogant.com website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
§ 2 Conclusion of contract
(1) The subject matter of the contract is the sale of goods and/or the provision of assembly services.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to the order overview page in our online store.
Before sending the order, you have the possibility to check all the details again, to change them (also using the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order via the "buy" button, you declare the acceptance of the offer in a legally binding manner and thereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Provision of installation services
(1) Insofar as assembly services are the subject matter of the contract, we shall owe the assembly work resulting from the service description. We shall perform this work to the best of our knowledge and belief, either personally or through third parties.
(2) The service shall be provided on the agreed dates.
(3) You are obliged to cooperate. In particular, you must provide the opportunity to enter the premises in an accessible and reasonably safe condition at the time of the provision of the installation services. Furthermore, you are obliged to provide us with electrical power and, if necessary, water. We are entitled to terminate the part of the contract concerning the provision of installation services in accordance with § 643 BGB if you do not fulfill your obligations to cooperate. For this purpose, we will set you a reasonable deadline during which you can make up for the necessary cooperation.
(4) In order to check the tightness and functionality of water treatment and filter systems, a cold and waste water connection must be available in a functional condition and easily accessible at the time of installation. If such a connection is missing or non-functional, we do not assume any warranty for leak tightness. A new technician call-out to rectify leaks will be carried out exclusively at the customer's expense.
(5) If you make use of your right of termination in accordance with § 648 p. 1 BGB, we may demand 10% of the agreed remuneration as a lump sum if performance has not yet begun. However, if the statutory right of revocation exists, this shall only apply if you only exercise your right of termination after the expiry of the revocation period. You reserve the right to prove that we have actually incurred no or significantly lower costs.
§ 4 Special agreements on the types of payment offered
(1) Payment by invoice and financing via Klarna Germany
In cooperation with Klarna, we offer you invoice purchase and installment purchase as payment options. Please note that Klarna Invoice and Klarna Installment Purchase are only available for consumers and that payment must be made to Klarna in each case.
Klarna invoice: When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. You can find the full terms and conditions for purchase on account here.
Klarna installment purchase: With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least €6.95). Further information on Klarna installment purchase, including the general terms and conditions and the European standard information for consumer credit, can be found here.
Data protection notice: Klarna checks and evaluates your data details and exchanges data with other companies and credit agencies where there is a legitimate interest and reason to do so. Your personal data will be treated in accordance with the applicable data protection regulations and in accordance with the information in the Klarna Privacy Policy.
(2) Payment via Klarna Checkout
In cooperation with Klarna we offer the following payment options. Payment is made to Klarna in each case:
Klarna invoice: Payable within 14 days from date of invoice. The invoice will be issued when the goods are dispatched and will be sent by email. You can find the invoice conditions here.
Klarna instalment purchase: With Klarna's financing service you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least 6.95 EUR). For more information about Klarna Instalment Purchase including the General Terms and Conditions and the European Standard Information for Consumer Credit, click here.
Immediate bank transfer
Credit card (Visa/Mastercard)
Direct debit
The payment options are offered as part of Klarna Checkout. Further information and the terms of use for Klarna Checkout can be found here. General information about Klarna can be found here. Your personal data will be processed by Klarna in accordance with
with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted prior to the transfer of ownership of the goods subject to retention of title.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory liability for defects shall apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. By way of derogation, a warranty period of two years shall apply to durable technical devices that are used for a longer period of time as intended, e.g. water treatment systems. The shortened period does not apply:
for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Maintenance, exclusion of liability and consumer goods
(1) The customer is responsible for the regular maintenance and care of the water treatment systems supplied by us in accordance with the applicable regulations (e.g. DIN EN 806, DIN EN 1717). Maintenance obligations include in particular the regular replacement of filters and other wearing parts in accordance with the specified intervals. Failure to comply with these maintenance obligations may result in the loss of the warranty.
(2) We are not liable for damage or defects that are attributable to improper handling, assembly or maintenance by third parties or to the use of unauthorized spare parts. This applies in particular to the use of spare parts that have not been provided or expressly recommended by us.
(3) Filters and other consumable parts are excluded from the warranty as they are subject to natural wear and tear. Please observe the specified replacement intervals. Timely replacement is necessary to ensure the functionality and hygiene of the products.
§ 8 Use of the LEOGANT brand
(1) The use of our LEOGANT brand (including all word and figurative marks) is only permitted with our express written consent. This includes in particular the use of the brand for advertising purposes, on websites, in social media or on other platforms.
(2) Any unauthorized use, modification or falsification of the LEOGANT brand will be prosecuted. We reserve the right to assert claims for damages in the event of infringements.
(3) The use of our brand is also subject to the condition that the products purchased from us are regularly maintained and serviced by us or by service technicians commissioned by us in accordance with the applicable maintenance regulations. The customer is obliged to provide written proof of the maintenance carried out on request. If maintenance is not carried out by LEOGANT or a service technician commissioned by us, any right of use shall expire.
§ 9 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II Customer information
1. identity of the seller
LEOGANT GmbH
Linienstraße 56
10119 Berlin
Germany
Phone: 030 78081130
E-mail: shop@leogant.de
VAT ID No.: DE341625431
Managing Director: Thomas Hartwig
Commercial register: HRB 227638 B
Berlin Charlottenburg Local Court
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contractual language is German.
3.2 The complete text of the contract is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. codes of conduct
4.1 We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG and thus to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/
5. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. prices and payment modalities
6.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4 Any costs incurred for the transfer of money (bank transfer or exchange rate fees) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. terms of delivery
7.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7.3 If a delivery is returned to us due to non-acceptance or incorrect address details provided by the customer, we reserve the right to charge a processing fee of 10.00 euros. Payments already made will be refunded less this fee.
7.4 If you are an entrepreneur, delivery and shipment shall be at your risk.
8. statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
9. termination
9.1 Information on the termination of the contract and the terms of termination can be found in the provisions on "Installation services" in our General Terms and Conditions (Part I) and in the respective offer.
These general terms and conditions and customer information were created by the lawyers of Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/agb-service.
last update: 10.12.2024