General Terms and Conditions

(1) These General Terms and Conditions (hereinafter “GTC”) apply to all contracts with entrepreneurs within the meaning of section 14 BGB (hereinafter “customers”) and, on that basis, to all deliveries and services of LED2WORK GmbH, Stuttgarter Straße 13 A, 75179 Pforzheim, Germany.

(2) These GTC apply both to the current transaction and to all future business relationships, even if they are not expressly agreed again.

(3) Deviating, conflicting or supplementary terms — in particular, terms and conditions of customers — shall only apply if expressly confirmed in writing by LED2WORK before conclusion of the contract. This shall also apply if LED2WORK carries out delivery without reservation while aware of the customer's terms.

(4) Where individual contractual provisions in the order confirmation or in signed delivery contracts conflict with these GTC, the individual contractual provisions shall prevail. Otherwise, the various provisions shall apply alongside each other.

(1) The presentation of products in the online shop at led2work.com does not constitute a legally binding offer but a non-binding invitation to order (invitatio ad offerendum). Offers from LED2WORK are non-binding unless expressly marked as binding or unless they contain a specific acceptance period.

(2) By clicking the order button (“Order with obligation to pay” or similar) at the end of the ordering process, the customer makes a legally binding offer to conclude a sales contract.

(3) The contract is concluded by (a) LED2WORK sending an order confirmation by email within four weeks, (b) delivering the ordered goods or (c) requesting prepayment. An automatic acknowledgement of receipt does not constitute acceptance of the offer.

(4) Contract language: The contract language is German. Translations of these GTC are for information only.

(5) Storage of contract text: LED2WORK stores the contract text and provides the customer with all order details by email together with the order confirmation. These GTC can be retrieved, saved and printed at any time at led2work.com/en/Terms.

(6) Correction of input errors: Before binding submission of the order, the customer can review their entries on an overview page and correct them using the browser's “back” function or via the respective input fields.

(7) If the customer withdraws from an order without justification, LED2WORK may — without prejudice to claiming a higher actual loss — demand 10 % of the net order value as flat-rate compensation for the costs incurred in processing the order and for lost profit. The customer reserves the right to prove a lower loss.

(1) Unless otherwise agreed, prices are quoted ex works, plus the applicable statutory VAT and plus packaging and shipping costs. Postage, freight and packaging costs are invoiced separately.

(2) Price adjustment clause: If, between conclusion of the contract and the contractually scheduled delivery date, more than four months elapse and the underlying prices and costs — in particular for personnel, materials, raw materials, transport or energy, including due to exchange rate fluctuations — change by at least 5 %, LED2WORK is entitled to make a corresponding price adjustment. The adjustment must be substantiated comprehensibly to the customer without delay and applies from receipt of the notice.

(3) Payment terms: Unless otherwise agreed, invoices are due for payment net within 30 days from the invoice date. A 2 % discount may be granted on payments made within 10 days if expressly agreed. In the event of default, default interest of 9 percentage points above the applicable base rate is charged (sec. 288(2) BGB).

(4) The customer may not offset counterclaims unless they are undisputed or have been legally established. The customer may only exercise a right of retention if the counterclaim is based on the same contractual relationship.

(1) Delivery periods are non-binding guidelines unless expressly agreed as binding. The delivery period begins with the order confirmation by LED2WORK, but at the earliest after clarification of all technical and commercial issues.

(2) Unless otherwise agreed, delivery is made EXW Pforzheim (Incoterms® 2020). The risk passes when the goods are handed over to the carrier.

(3) Force majeure: Delays in delivery or performance due to force majeure or events that materially impede or render delivery impossible — in particular strikes, lockouts, official orders, pandemics, natural disasters, supply chain disruptions, raw material shortages or energy shortages — even if they occur at our upstream suppliers, are not LED2WORK's responsibility even where binding deadlines have been agreed. They entitle LED2WORK to postpone delivery for the duration of the impediment plus a reasonable start-up time, or to withdraw from the contract wholly or in part with regard to the part not yet fulfilled.

(4) Partial deliveries are permitted to a reasonable extent.

(1) Delivered goods remain the property of LED2WORK (reserved goods) until full payment of all claims arising from the business relationship — including ancillary claims, claims for damages and the redemption of cheques and bills of exchange.

(2) The customer is entitled to sell the reserved goods in the ordinary course of business. The customer hereby assigns to LED2WORK the resulting claims against its purchasers, in the amount of LED2WORK's claim. LED2WORK accepts the assignment.

(3) Pledging or transferring the reserved goods as security is not permitted. Seizures or other interventions by third parties must be notified to LED2WORK without delay.

(4) In the event of conduct contrary to the contract by the customer — in particular default in payment — LED2WORK is entitled to take back the reserved goods or to demand assignment of the customer's claims for surrender against third parties.

(1) Inspection and notification duty: The customer must inspect the delivered goods without delay upon receipt. Obvious defects must be reported in writing within 10 working days of delivery; hidden defects within 10 working days of discovery. Otherwise the goods are deemed accepted (sec. 377 HGB).

(2) In the case of a justified and timely notice of defects, subsequent performance shall first take place at LED2WORK's option by way of remedy or replacement delivery. If subsequent performance fails twice or is refused, the customer is entitled to withdraw from the contract or reduce the purchase price.

(3) Warranty period: The warranty period is 12 months from delivery. For damage caused intentionally or by gross negligence, damage from injury to life, body or health, and for fraudulently concealed defects, the statutory periods apply.

(4) Agreements on quality result exclusively from the product description by LED2WORK. References to DIN/ISO standards constitute a description of performance, not a guarantee within the meaning of sec. 443 BGB, unless LED2WORK has expressly assumed a guarantee.

(1) LED2WORK is liable without limitation for damage to life, body or health resulting from an intentional or negligent breach of duty, for other damage resulting from an intentional or grossly negligent breach of duty, and in accordance with the German Product Liability Act.

(2) Otherwise, in the case of slight negligence LED2WORK is only liable for culpable breach of material contractual obligations (cardinal obligations) and only to the extent of the damage typical for the contract and foreseeable at the time of conclusion of the contract.

(3) Any further liability — on whatever legal basis — is excluded.

(4) Insofar as LED2WORK's liability is excluded or limited, this also applies to the personal liability of employees, workers, representatives and vicarious agents.

(1) LED2WORK reserves all property and copyright rights in cost estimates, drawings, samples, technical documentation and other documents (“Documents”) without restriction. The Documents may only be made accessible to third parties with the prior consent of LED2WORK.

(2) If the order is not placed, the Documents must be returned to LED2WORK without delay on request.

(3) This duty of confidentiality applies accordingly to documents provided by the customer. LED2WORK may only make these accessible to third parties to whom LED2WORK has assigned project-related subcontracts.

(1) Place of performance for all obligations arising from the contractual relationship is the registered office of LED2WORK in Pforzheim, unless otherwise provided in the contract.

(2) Jurisdiction: If the customer is a merchant, a legal entity under public law or a special fund under public law, the registered office of LED2WORK in Pforzheim shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship. LED2WORK is, however, also entitled to sue at the general place of jurisdiction of the customer.

(3) Applicable law: The legal relations in connection with these GTC and the contracts concluded on the basis of these GTC are governed exclusively by German substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and to the exclusion of private international law.

(1) Written form: Amendments and supplements to this contract require written form. This also applies to the waiver of the written form requirement itself.

(2) Severability: Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic purpose pursued by the invalid provision.

(3) Data protection: Personal data collected by us in the course of contract processing is processed in accordance with our privacy policy.

(4) Legal notice: Provider of this platform is LED2WORK GmbH (full provider details in the legal notice).