General Terms and Conditions
of the company Lithium Battery Service GbR, Sperberstr. 50e, 81827 Munich, hereinafter referred to as „Seller“, which offers the purchase unter the website www.lithium-batterie-service.de of checklists for the transport of dangerous goods according to ADR, IMDG-Code and ICAO-TI / IATA-DGR as well as of prepared transport documentation according to ADR, IMO-declaration, shipper's declaration.
- Please note, these Terms and Conditions were issued first in the German language, the following are a translation from German into English -
§ 1 General and Application
(1) Following Terms and Conditions apply to every business relation between the Seller and the Customer in its current version at the time of order.
(2) Cоnsumer means, in terms of these general terms and conditions, every natural person who enters into a legal transaction for a purpose that is outside its trade, business or profession. An Entrepreneur means, in terms of these general terms and conditions, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of its trade, business or profession. Customers for the purposes of such terms and conditions are Consumers as well as Entrepreneurs.
(3) Individual contract agreements have priоrity ante these general terms and conditions. Diverging, conflicting or complementary general terms and conditions do not become a part of the contract, unless, their validity is expressly agreed.
§ 2 Registration, approval and blocking
(1) In order to use the portal a registration of the user is required.
Entitled to be registered are only contractually admissible natural persons over 18 years of age or Entrepreneurs, corporate bodies and public corporations. Minors are not allowed to register on the portal.
(2) Each user may register only once and may confirm with its registration that he is not a registered user of the portal and that he has never had any other account or deleted a previously existing account
(3) By completing the registration form, the user submits an offer to conclude the contract regarding the use of the portal for registered users.
The user agrees that all major releases concerning the contract of use shall be sent by e-mail, unless a different form is legally required.
The acceptance of the application for registration shall happen with the approval confirmation e-mail.
Provided that the application is approved as mentioned above, the user shall receive the confirmation e-mail with an activation link. Registration is completed when the user click on the activation link from the confirmation e-mail. Afterwards, the user may log in on the portal with the username and password chosen by him.
The user is obligated during the application for registration to specify his personal data truthfully and completely and to immediately inform of any changes in his data. The user is solely responsible for any incorrect information and the resulting consequences.
(4) In the closed user area the user may be provided with an overview of his activities in the portal. He may also review and edit here his personal data and information.
In case that the application and registration is not completed within a week, the Seller will delete the account and the data recorded until that point.
(5) In case that the user becomes aware of misuse of his access data, the user shall immediately inform the Seller. In case of misuse, the Seller is entitled to block the access to the portal. The block may be revoked only after written request of the user.
(6) The Seller is entitled to withdraw the Customer`s permit to register or to block the access to the contractual software in case that a reasonable suspicion exists that could demonstrate that the Customer could have been infringed against these terms and conditions. The Customer will be immediately informed via email. The Customer may avert these measures by submitting the appropriate documentation at his own expense to clear out the suspicion.
§ 3 Conclusion of the contract
(1) The offers of the Seller are subject to change and non-binding. The ordered documents may slightly differ from the documents displayed on the Internet due to the technical limitations of the display. This may lead to colour variations.
(2) The Customer may order on the website of the Seller, by e-mail or in writing. The Customer’s order constitutes a binding offer to conclude a purchase agreement for the ordered documents. On the website of the Seller the costumer submits a binding order of the documents contained in the shopping cart by clicking on the button “order with obligation to pay”.
(3) The Seller shall confirm the receipt of the order immediately by e-mail. The purchase agreement takes place with the order confirmation.
(4) Provided that the Customer orders the documents by electronic means, the Seller shall store the contract text and provide it to the Customer via e-mail together with the legally effective terms and conditions.
§ 4 Retention of title and rescission
(1) The Seller reserves the right of use the documents until full settlement if all claims arising from an ongoing business relationship. In case of Entrepreneurs, the Seller reserves the right to use the documents until full settlement of all claims arising from an ongoing business relationship.
(2) The Seller commits himself to flout the entitled securities when required by the Customer when the realizable value of the securities of the Seller exceeds the demand to be protected about more than 10%. The choice of the securities to be flouted is incumbent upon the Seller.
§ 5 Prices
(1) The stated purchase price is binding. The purchase price includes the VAT.
(2) Unless otherwise agreed, the Customer undertakes to pay the whole price within 14 days after receipt of the order confirmation or the invoice by e-mail. The Customer comes to default after expiration of the deadline. During the default, the Consumer has to pay interest at a rate of 5 points above the prime rate. During the default, the Entrepreneur has to pay interest at a rate 9 points above the prime rate. The Entrepreneur owes a lump sum payment of 40 euros in case of default with a claim for payment. This shall also apply if the Entrepreneur is in default with an advance payment or other instalment payment. Towards the Entrepreneur, the Seller reserves himself to apply higher damage caused by delay. The lump sum according to sentence 5 shall be charged to a claim for damages if the damage is justified in costs of legal proceedings.
(3) The Customer shall only be entitled to set off in case that his counterclaims are legally established, accepted or are not denied by the Seller. The right of the Customer to set off with contractual and other claims arose from the creation or execution of this contractual relationship shall remain hereby unaffected. The Customer can carry out a right of retention only if his counterclaim is based on the same contract relation.
§ 6 Payment terms
(1) Customers may pay by by advance/bank transfer, PayPal or credit card. Payments upon invoice may also be possible for Customers of a package solution.
(2) In case of payment via PayPal, the Customer has to register under www.paypal.de. The terms and conditions of PayPal shall apply.
(3) In case of payment by credit card, the Customer shall transmit his credit card data as part of the order process. After appropriate legitimation, the Seller will request the credit card company to initiate the payment transaction. The payment transactiоn is automatically carried out by the credit card company and the credit card will be charged.
§ 7 Subject of the contract and right of use
(1)Unless otherwise agreed, the Customer shall purchase all documents (check lists and transport documents) including possible supporting material and an indefinite right of use.
The Seller grants the Customer a non-exclusive, no sub-licensable, spatially and temporally unrestricted right to use the purchased documents. The documents may be reduced and in-house partially used. The Customer may reproduce and distribute the purchased documents, including possible supporting material only in-house. A transmission to third parties or an act of making available to the public is not permitted.
In case of Consumers, the use of documents is limited to the person registered on the Seller’s website. In case of Entrepreneurs, the use of the documents is limited to the particular company registered on the website of the Seller. Organisations, associations and societies may acquire the documents for their employees, a forwarding to their members is however prohibited. This shall also apply for the download flat rate
(2) An additional acquisition of rights on the documents is not connected to these terms and conditions. The Customer may not avoid or remove possible inserted Digital Right Management (DRM), other technical protection and/or right management information.
§ 8 Provision for download
(1) The Customer is provided with the possibility to download the documents after concluding the purchase agreement.
(2) The Customer has always the possibility to download immediately, also before expiration of the revocation period. In case of executing the download, the right of withdrawal for the Customer shall expire prematurely.
The Customer must expressly confirm that he agrees to download and hence the performance of the contract before expiration of the right of withdrawal and that he is aware of the prematurely expiration of the right of withdrawal with the download.
(3) The Seller is not obliged to allow the Customer a re-download of the purchased documents. Provided that the Seller provides the Customer with such opportunity, this shall be a purely voluntary supplementary service of the Seller, which may be at any time restricted or terminated.
Claims of the Customer from warranty remain unaffected.
(4) The download flat rate is valid until December 31 of each year. The transmission to third parties of the access data for the download area is not permitted.
(5) The right of the Seller to extraordinary termination for good cause shall remain unaffected. Good cause is:
a) the violation of the user against these terms, especially against the use agreement of § 7,
b) the negligent conduct of the user or the attempt at such as, for example, fraud;
c) ongoing operational disruptions due to force majeure, which are outside the control of the Seller, such as, for example, natural disasters, fire, involuntary collapse of the supply networks,
(6) In case of termination, the Seller will block the access to the portal. Provided that the Customer has allowed the use of the documents to anyone other than the registered person acting against the use provisions of § 7, the Customer shall destroy all copies of the documents, which have not been used by him or his department.
§ 9 Warranty
(1) The Customer has a statutory right of warranty, which is modified according to §§ 8, 9 from these General Terms and Conditions. For digital products (§ 327 Para. 1 and Para. 5 BGB) and goods with digital elements (§ 327a Para. 3 BGB), the consumer has the statutory warranty right without the modification of § 9 but with the modification of § 10 of these General Terms and Conditions.
(2) The delivered documents can slightly diverse in colour from the documents shown on the internet. § 3 (1) from these Terms and Conditions refers to it.
(3) In case of non-conformity of the goods the Customer is entitled to supplementary performance in the form of remedy of the defect or delivery of conforming goods; § 475 paragraph 5 BGB remains unaffected. The Seller is entitled to disagree with the elected form of supplementary performance when this leads to excessive costs and remains other supplementary performance which does not considerate significant disadvantages for the Consumer. In case of agreements with the Entrepreneur, the Seller is entitled to choose by himself the form of remedy of supplementary performance or delivery.
(4) Entrepreneurs shall inform the Seller about defects at the latest within two weeks after receiving the service; otherwise the enforcement of the warranty claim is excluded. To meet the deadline, timely mailing, or notice, shall suffice. §377 HGB (German Commercial Code) is valid for merchants.
(5) If the Customer is an Entrepreneur, only the product description of the manufacturer is valid as a description of the product.
(6) The limitation period for consumers is 2 years from the download of the documents. If the consumer has become aware of a defect within the limitation period, the limitation period does not begin before the end of 4 months after the point in time at which the defect first became apparent. If the consumer has handed over the documents to the entrepreneur or, at the instigation of the entrepreneur, to a third party for subsequent performance or to fulfill claims arising from a guarantee, the statute of limitations for claims based on the asserted defect does not begin before the end of 2 months after the point in time , in which the corrected or replaced documents were handed over to the consumer.
(7) The limitation period for entrepreneurs is 1 year from the download. The one-year warranty period does not apply if the provider can be accused of gross negligence, if the provider has fraudulently concealed a defect, nor in the case of bodily injury and damage to health attributable to the provider and loss of life of the entrepreneur, in In the event of a guarantee and in the event of delivery recourse in accordance with § 478 BGB. The liability of the provider under the Product Liability Act remains unaffected.
(8) The Seller hands no guarantees in the legal sense over the Customer. Manufacturer's guarantees remain unaffected.
(9) Data communication over the Internet cannot be guaranteed – at the current state of the technology – error-free and/or available at any time. Therefore, the Seller assumes no liability for technical defects, which are not the Seller’s responsibility. In particular, the Seller is not responsible for the constant and uninterrupted availability of the website
(10) The Seller ensures server availability of 99% in annual average and 98% in monthly average provided that the Seller has not acted with intent or gross negligence. Except for those times in which the server is not available due to events that are not controlled by the Seller. These include, for example, force majeure, acts of third parties, which are not mandated by the Seller or technical problems beyond the control of the Seller. Furthermore, there are exception of times in which compulsory maintenance work has to be carried out on the server. The Seller shall try to keep the downtime due to the maintenance to a minimum. Similarly, the use of certain hardware and software by the user or technical infrastructure may have negative impact on the performance of the Seller. The Seller can restrict the access to the services if the security of the network operations, the maintenance of network integrity, in particular the avoidance of serious disturbances of the network, software or stored data require it.
(11) The Seller is not liable for the functionality of the phone lines to the server, in case of power failures and failures of servers beyond his control
(12) Due to maintenance and development of the website uses and/or access to the Internet portal may be temporarily limited or interrupted.
§ 9 Liability limitations
(1) The Seller is not liable for slightly negligent violation of inessential contractual obligations. This is also valid to slightly negligent breaches of duty of the statutory agents or assistant or agent of the Seller. However, the Seller is liable for the violation of the Customer’s essential contract obligated legal positions. Essential contract obligated legal positions are those which the contract has to grant to the Customer according to the subject matter and purposes of the contract. The Seller is further liable for the violation of liabilities whose fulfilment allows the proper realisation of the contract and in whose realisation the Customer shall trust.
The preceding restrictions of liability do not concern Customer’s claims from guarantees and/or product liability. The restrictions of liability will not be applied in case of fraudulent intent, violation the essential contractual obligations nor if the Supplier is accusable of personal injury, impairment to health and death of the Customer.
(2) The Seller is only liable for the own contents of his online shop on the website. As far as access to other web pages by means of links is possible, the Seller is not responsible for the external content. The Seller does not embrace the external content. In case that the Seller is informed about illegal contents on external web pages, he will immediately block the access to those sites.
§ 10 Confidentiality
The Seller and his employees are cоmmitted to strictly keep confidential all information or personal secrets of the customer, which may be known in connection with the contract. This shall also apply to all employees of the Seller. Further disclosure of certain information to third parties may take place only in the context of the order processing, for example it could be necessary within payment process. These third parties are obliged to treat the obtained data confidential and to use it exclusively for the service purpose and business transaction.
§ 11 Jurisdiction and applicable law(1) This agreement shall be gоverned by the laws of the Federal Republic of Germany. Concerning Consumers who enter into the legal transaction for a purpose that is outside his trade, business or profession, these laws shall be insofar considered if this allowed protection were detracted through the Consumer’s usual residence mandatory regulations. The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied. § 16 (o) Nr. 8 TDSG (German Tele Services Data Protection Act) remains.
(2) If the client is a merchant, statutory juristic person or public law special legal estate, the jurisdiction for all litigations from this contract shall be the Court in which the Seller’s business location has its seat, provided that an exclusive jurisdiction is not given. The Seller is also entitled to sue the merchant at his residence or place of business Court. The competence remains unaffected due to an exclusive jurisdiction.
(3) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body. We kindly ask for your understanding. However, should you have any reason for complaint, we will be happy to assist you by telephone or e-mail.
(4) We are obliged to inform you that in view of the so-called online dispute resolution, the European Commission provides a corresponding platform. You may find this platform under https://ec.europa.eu/consumers/odr. In this context, we are also obliged to inform you about our e-mail address. This is: firstname.lastname@example.org