Table of contents of Terms and Conditions (T&C)
1. Conclusion of the contract
2. Prices
3. Payment
4. Delivery, delivery time
5. Warranty, liability and compensation
6. Right of withdrawal for consumers
7. Applicable law, place of performance and jurisdiction
8. Legal effect
9. Data protection notice

1. Conclusion of the contract

We deliver according to the following General Terms and Conditions (GTC), which form the basis of the contracts concluded with us on the basis of the offers on our Internet store page. By clicking the button “Order now at the stated price” you place a binding order for the goods contained in the shopping cart. General terms and conditions of the purchaser that conflict with or deviate from the following provisions shall not apply. The following terms and conditions shall also apply exclusively if we carry out the delivery and service without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from the following terms and conditions. Deviating terms and conditions of the contractual partner shall only become part of a contract concluded with us to the extent that their applicability is expressly agreed with us in writing. Otherwise, their validity is excluded without the need for a contradiction in the individual case.

If working days are specified as deadlines, this shall be understood to mean all weekdays with the exception of Saturdays, Sundays and public holidays in Berlin. Christmas Eve and New Year’s Eve shall be treated as public holidays.

Contractual partner, language, and conclusion of contract

Your contractual partner is August Gärtner Gärtnerdesign Lichtobjekte GmbH. In our German Internet store at www.gaertnerlichtobjekte.de, the contract is concluded in accordance with these terms and conditions in German and English.
Before sending your order, you have the possibility to check and correct the data you have entered. By sending your order, you are making a binding contractual statement. The confirmation of receipt of the order will be sent immediately after the technically correct receipt of your order.

A binding contract is concluded when we accept your order. This acceptance by us can take place through the following circumstances:

• We accept your order by a separate declaration of acceptance;
• You use our offer and complete your order with the payment instruction via the online payment service PayPal, Visa and Master Card;
• In case of payment in advance with the receipt of our payment request by you;
• We debit your account in case of credit card payment and show this to you,
• You will receive a notification of delivery or the ordered goods, without the contract has already been concluded by one of the above circumstances.

The confirmation of receipt does not yet represent an acceptance of your order (unless we request payment for the first time just there) but is only to inform you that we have received your order and can be used for archiving purposes. Subject to any statutory right of cancellation, the customer is bound to his order for three working days and may, of course, cancel his order in whole or in part before we have declared our acceptance of it.

Please note that in the case of prepayment, delivery will not take place until the full amount has been credited to our account. A reservation of the article with pre-payments takes place at the longest for 2 weeks. If your money is received after that, there may be delays in delivery.

2. Prices

For orders in our internet store, the prices listed in the offer at the time of the order are valid. The indicated prices are Euro prices (including the legal value added tax and other price components).

For details of any additional shipping costs, please refer to the information in the store.

For deliveries outside of Germany, further costs may arise for import into a third country (customs duties, possible customs fees and import sales taxes). These other costs must be borne by the customer.

3. Payment

We offer the following payment options. You can basically choose between the following payment methods. The payment service provider for the selected payment method may perform a so-called strong customer authentication. For this purpose, you must enter additional data to ensure your identity.

• Prepayment bank transfer
  You will receive the transfer data after the order. You will transfer the invoice amount in advance to our account. The goods will be shipped after receipt of payment.
• Credit card, (MasterCard, Visa)
  The invoice amount will be charged to your credit card company on the day of the order.
• PayPal
  You pay the invoice amount via the online provider PayPal. In principle, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us (exception if necessary, guest access). You will receive further instructions on how to get to the payment provider’s page during the ordering process.
• Payment for self-collection
  In general, you have the option of collection and cash payment in our workshop at Motzener Straße 6, Building B1, 12277 Berlin during the following business hours: Monday to Thursday from 08:00 to 14:30. Please inform us at least two working days before your pick up when you would like to come, so that we can provide the goods and a contact person is ready.

Payment will be made in Euro. We reserve the right to request appropriate evidence from the buyer regarding the data he has provided in order to fulfill legal identification and verification obligations and/or for fraud prevention reasons, in particular such evidence that is suitable to prove his identity or findings regarding the beneficial owner. In such cases, we shall be entitled to withhold performance until such evidence has been provided. If the customer does not cooperate or is unable to provide suitable evidence, we shall be entitled to withdraw from a concluded purchase contract, if necessary, after setting a deadline to no avail. The customer is obliged to provide truthful information.

4. Delivery, delivery time

We refer to delivery times on the respective product page. The stated delivery times are not to be understood as an offer to conclude a fixed transaction with a guaranteed date. We are only fulfilling our obligation to indicate a delivery date by which we must deliver. The statutory claims of the purchaser in the event of delay shall remain unaffected.

Partial deliveries are permitted to a reasonable extent.

Shipments to post office boxes or post-stored shipments are not possible. We are also unable to deliver to so-called packing stations. Unless otherwise agreed, delivery shall be made by a forwarding agent to the first lockable door at the delivery address specified by the customer.

We reserve the right to withdraw from the contract in cases where we ourselves are not supplied, provided that we are not responsible for this non-delivery.
In this case, we will inform you immediately about the non-availability and any advance payment already made – regardless of the method of payment chosen by you – will be refunded immediately.

Force majeure and other events for which we are not responsible, in particular delays in delivery by our upstream suppliers, strikes, operational disruptions, shortages of materials and energy, shall entitle us to extend the delivery period by the duration of the delay plus a reasonable start-up time or, if this is not economically justifiable, to withdraw from the contract in whole or in part. The purchaser shall not be entitled to claim damages on account of such a withdrawal. If the permissible delivery period is exceeded by us by more than 4 weeks, the customer shall be entitled to set us a reasonable grace period. If the contract cannot be fulfilled even within this reasonable grace period, the customer shall be entitled to withdraw from the contract by written declaration to us without any further rights, claims or demands of any kind whatsoever, unless we are guilty of intent or gross negligence.

We reserve the right to make changes in the technical design of our goods – without special notification to the customer – provided that the value and usability of the goods offered is not impaired thereby. In the case of custom-made products, we reserve the right to fall short of or exceed the order quantity by 10%.

In the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods in the case of sale by shipment shall pass to the consumer or a recipient designated by the consumer when the goods are handed over by the carrier. This applies regardless of whether the shipment is insured or not. Otherwise, in the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the carrier or other person or institution designated to carry out the shipment.

5. Warranty, liability and compensation

The Buyer shall notify us in writing of any complaints due to incomplete or incorrect delivery or complaints due to obvious defects no later than 10 days after receipt of the goods. If the purchaser fails to notify us of defects in due time or if the goods are consumed or sold by him, this shall be deemed as unconditional approval.

Warranty claims against us shall be limited to rectification by us or replacement delivery at our discretion.

The risk shall pass to the customer as soon as the goods leave our premises. Returns require our prior written consent. We reserve the right to make a deduction of at least 30% of the invoice value in addition to the transport costs when taking back goods that are free of defects.

Work on electrical equipment and especially on live parts should be carried out by an appropriately qualified electrician, if only because of the danger to life and limb. Please note that the wrong selection of individual components or incorrect or improper connection may result in personal injury and fire hazards in addition to damage to the electrical equipment. We are not liable for such damage caused by improper selection or connection unless we are responsible for this.

6. Right of withdrawal for consumers

Below you will find information about the requirements and consequences of the statutory right of withdrawal for mail orders. A contractual granting of rights beyond the law is not associated with this. In particular, the statutory right of withdrawal is not available to commercial resellers.

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

To exercise your right of withdrawal, you must notify us:

August Gärtner Gärtnerdesign Lichtobjekte
Motzener Straße 6, Gebäude B1
12277 Berlin

Telefon: +49 30 335 90 93
Telefax: +49 30 336 30 04
E-Mail: info@gaertnerlichtobjekte.de

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

Exceptions to the right of withdrawal

There are legal exceptions to the right of withdrawal (§ 312g BGB), whereby we reserve the right to invoke the following regulations against you:

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

It may expire prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, as well as for contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature, as well as for contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

We mark the offers for you if we want to invoke one of the exceptions.

Items excluded from revocation

All items that are custom made for customers after the order is completed are excluded from exchange. These are items where the lengths of the lamps, lengths of the holding arms etc.are made extra.

According to § 312g paragraph 2 No. 1 BGB, the consumer has no right of withdrawal if goods are ordered, which is not prefabricated and for the manufacture of which an individual selection or determination by the customer is relevant or which are clearly tailored to the personal needs of you as a consumer (customer specification).
The personalized goods are economically worthless for the seller after production insofar as the subsequent sale becomes impossible due to the customer specification and the individual production that has taken place.

Expiry of the right of withdrawal

The right of withdrawal expires prematurely if we have started the execution of the contract after you have expressly agreed that we start the execution of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that you lose your right of withdrawal by your agreement with the start of the execution of the contract.

The Withdrawal Form

The “sample withdrawal form” mentioned in the previously listed cancellation policy is reproduced below. You do not have to use it.
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).

– To August Gärtner Gärtnerdesign Lichtobjekte, Motzener Straße 6, Building B1, 12277 Berlin, Fax: +49 30 336 30 04, E-Mail: info@gaertnerlichtobjekte.de

– I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*)/ the provision of the following service (*)

– Ordered on (*)/Received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only in case of paper communication)

– Date

7. Applicable law, place of performance and jurisdiction

The law of the Federal Republic of Germany shall apply to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, shall not apply. This choice of law includes that the customer with habitual residence in one of the states of the EU or Switzerland is not deprived of the protection granted by mandatory provisions of the law of that state.

In business transactions with merchants and with legal entities under public law, it is agreed that our registered office shall be the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under their validity, including actions on bills of exchange and checks. In this case, we are also entitled to sue at any other legal place of jurisdiction. Any exclusive place of jurisdiction shall remain unaffected by the above provision. Gärtnerdesign Lichtobjekte EK is additionally entitled to file suit at the general place of jurisdiction of the contractual partner.

Place of performance is Berlin – Marienfelde. The place of jurisdiction is Berlin – Marienfelde, if the customer is a fully qualified merchant, a legal entity under public law or a special fund under public law, does not have a general domestic place of jurisdiction or moves his residence or habitual abode out of Germany after conclusion of the contract or his residence or habitual abode is not known at the time the action is filed.

Retention of title:Until full payment, the goods remain the property of the respective seller.

Color, weight, dimensions, and illustrations are carefully determined, but are not binding for delivery, as our articles are subject to continuous improvements in design and technology.

Electronic Communications: You agree that contract-related communications may be made in electronic form.

Alternative Dispute Resolution: The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link https://ec.europa.eu/consumers/odr/. We are not obligated and unwilling to participate in dispute resolution proceedings before a consumer arbitration board. The same applies to our partners unless something different results from the imprint on the seller detail page of the corresponding partner.

8. Legal effect

If any provision or part of a provision of these Terms and Conditions is or becomes invalid or void, that provision shall apply which, within the scope of what is legally permissible, comes closest in economic terms to the invalid or void provision. The legal validity of the remaining provisions shall not be affected thereby.

9. Data protection notice

Our data protection practice is in accordance with the statutory provisions. Details on the collection and use of your personal data can be found in our Privacy Policy.