Terms & Conditions
Terms & conditions of business
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF THE backlight4you.com WEBSITE AS WELL AS THE SALE OF PRODUCTS AND/OR OTHER SERVICES AND SUPPORT SOLD BY backlight4you. THEY EXEMPT backlight4you FROM LIABILITY OR LIMIT THEIR LIABILITY, AND CONTAIN OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
This Terms and Condition of use contained herein was last edited and became officially effective on January 31th, 2017.
These general terms and conditions of business shall be applicable to all declarations of intent, contracts and agreements as well as legal acts or quasi legal acts between backlight4you and its customers (hereinafter called "the customer"). The customer's general terms and conditions of business of a customer not being commensurate with the following conditions and terms shall be inapplicable. We expressly object to any counter-confirmation made by the customer invoking his own terms and conditions relative to general business and/or purchase transactions. Such terms and conditions shall not become part of any agreement unless they are expressly acknowledged in writing by backlight4you.
2. Definition of terms
- The term "consumer" within the meaning of these general conditions and terms shall relate to any natural person concluding a contract as mentioned above for a purpose attributable neither to a commercial nor to an independent professional activity of that person.
- The term "entrepreneur" within the meaning of these general conditions and terms shall relate to any customer who at the time of the conclusion of the contract acts in a commercial or independent professional capacity.
3. Conclusion of contract
Information and data provided both in the catalogues and on the backlight4you's web-site shall not constitute a binding contractual offer. Submission of an order by the customer shall constitute a binding offer for concluding a purchase contract. backlight4you may accept such offer by making an express declaration of acceptance within a two week period. The dispatch of ordered goods or the sending of an invoice to the customer shall be equivalent to an express declaration of acceptance.
- Incoming orders from Germany shall be shipped by backlight4you to the delivery address designated by customer, unless otherwise agreed.
- Orders from other countries shall be made available by backlight4you for pick-up by customer or by a transport company authorized by customer. If the customer designates a delivery address outside Germany, customer herewith authorizes backlight4you to mandate a transport company with delivery of the goods on customer's behalf, unless otherwise agreed.
- If the customer should order more than one article that are not immediately available and thus cannot be shipped together, backlight4you shall deliver these articles in two or more partial consignments depending on availability, unless such delivery by instalments evidently is of no interest to the customer on account of a functional correlation of the articles, or for other reasons. Shipment costs incurred pursuant to paragraph 5 will be charged to the customer only once.
- Should an ordered item be shipped through a forwarding agency, that item is delivered to the customer's domicile front door. Any other transport services going beyond that scope may be contracted with the carrier by the customer, provided however, the latter having to pay any additional costs arising therefrom directly to the carrier.
5. Prices, shipment costs, payment
- All prices are exclusive of packaging and shipment costs. For the latter, the customer will be charged an additional amount, depending on weight and shipping method.
For the assignment of a transport company with shipments to non-EU states, higher shipment costs and additional fees as well as higher customs duties may become due and payable by the customer.
- It shall be optional for the customer to pay the bill via Paypal, bank transfer (only in the case of prepayment), bank debit transfer (we will be glad to send you relevant documents on request) or directly in our shop via credit card. backlight4you reserves the right in individual cases to exclude certain modalities of payment or to make deliveries only on the basis of prepayment.
6. Times of delivery
- Unless other times of delivery are specified in writing, backlight4you shall deliver ordered goods without delay, however not later than 30 days after conclusion of a relevant contract, or within 30 days after receipt of payment in the case of prepayment. The time of delivery is observed if and when the merchandise in question has left the warehouse within that time limit.
- If customer authorizes backlight4you to assign a transport company on customer's behalf with shipment in abroad (paragraph 4.b.), the time of delivery is observed in the moment the merchandise in question is made available for pick-up by backlight4you.
- If the delivery time should be exceeded, the customer shall grant backlight4you a reasonable additional respite.
7. Adjustment of prices in case of long delivery times
If a delivery time of more than three months after conclusion of a contract is agreed upon, backlight4you shall have the right to adjust the price of a product in the light of price modifications, if any, made by suppliers or occurring changes of currency exchange rates.
8. Non-delivery by suppliers
- If an ordered item cannot be delivered at all or if it cannot be delivered temporarily, backlight4you shall advise the customer on such circumstance without delay after receipt of the latter's order and shall keep him informed periodically thereafter. Until delivery by the supplier to the customer directly, backlight4you shall be released from its obligation to perform except for cases where backlight4you is responsible for the supplier's non-delivery by the supplier.
- In the case of withdrawal from a contract, a purchase price already paid shall be refunded without delay. Claims for damages by the customer are excluded unless backlight4you is responsible for non-delivery by the supplier.
9. Private EU consumer's right to withdraw
Instructions on withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (backlight4you, Stefan Kächele, Alter Rank 1, 79725 Laufenburg, phone +49-7763-917508, FAX +49-7763-9273138, email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You may use the model withdrawal form or our adapted suggestion on our website in the information box, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.
The deadline is met if you send back the goods before the period of 14 days has expired.
If the deadline has expired before sending the goods we consider your withdrawal as unvalid.
If your withdrawal arrives before we have shipped the goods, there is nothing to send back, of course.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Goods which have been customized or produced or modified according to your demands ar excluded from the right of withdrawal.
- The customer shall be obliged to inspect an item upon receipt and to notify immediately to backlight4you any obvious defects, however within a period of two weeks at the latest. The customer shall have the same obligation with regard to other defects of a purchased item as from the date of detection of such defects. Any notice of defects must be given through the channels of communication described under paragraph 9.a. If notice is not given in good time, the merchandise in question shall be deemed to be accepted with regard to these defects. In this respect, claims based on warranty are excluded.
- If an item should be defective, the customer shall grant backlight4you a reasonable period of additional respite.
- The customer has to give backlight4you the opportunity to examine and verify claims of defects of the goods or with respect to their features. therefore backlight4you has the right to ask the claimed goods back, before proceeding with a fullfillment of warranty. a non-cooperation in this matter gives backlight4you reason to stop the fullfillment of the specific warranty claim.
- In the case of delivery of used goods, claims for damages on account of defects of a purchased good shall be inadmissible unless backlight4you should have concealed fraudulently a defect in the property agreed to be sold.
11. Special warranty conditions for entrepreneurs
If the customer is a merchant and if an order placed relates to the operation of his business, any complaint regarding defects shall be governed by the applicable legal provisions superseding the provisions of paragraph 10.a. Any notice of defects must be given in writing.
12. Statute of Limitation
If the customer is an entrepreneur, claims based on material defects shall become statute-barred with elapse of a one-year period as from delivery of such goods without prejudice to § 479 of the Civil Code.
13. Reservation of title
- Until complete payment of the purchase price, a delivered item shall remain the sole property of backlight4you.
- If the customer is a merchant, a legal person under public law or a separate fund under public law, backlight4you retains all title with regard to the delivered item until all claims already existing at the time of conclusion of a relevant contract, including all claims arising from follow-up orders and repeat orders (hereinafter called "total claim") have been satisfied and performed.
- If the customer is a merchant and if the order in question relates to the operation of his business, he shall fully assign - already at this point of time and for security purposes - to backlight4you any claim which he might acquire through a resale against the buyer. The customer shall have the revocable right to collect such claim. backlight4you will only revoke authorization for collection of a claim and will only collect assigned claims itself if the customer should be in arrears with obligations for payment vis-à-vis backlight4you or if an opening of insolvency proceedings concerning the customer's property was requested.
- backlight4you shall be obliged to release, upon the customer's request, existing securities in so far as their value should exceed by more than 20 per cent the value of claims to be secured. backlight4you shall be free to choose which securities to release.
- In the case of contracts where a delivered good is under reservation of title, backlight4you shall have the right of withdrawal if the buyer is in arrears with payment of the purchase price or with settlement of a total claim exceeding Euro 250.00.
This right of withdrawal shall be limited to contracts in respect of which the maximum value of a delivered item would not exceed 120 p. c. of the total claim.
- No claim for damages in connection with neglect of duties and tortious acts, as well for reimbursement of wasted expenses shall be admissible against backlight4you or its vicarious agents unless a damage was caused by deliberate action or gross negligence.
- This limitation shall not apply to breaches of major contractual duties, to damages to persons as well as to any damage which would arise from the non compliance with backlight4you's express representation with respect to features of the item (Fehlen zugesicherter Eigenschaften) or in respect of which liability is statutory under the Product Liability Act.
- Unforeseeable damages and consequential damages caused by a defect shall be excluded from liability unless such damage was caused deliberately or intentionally.
- For safeguarding against delivery risks, a transport insurance policy will automatically be taken out for deliveries. Any amount paid out in that respect by an insurance company shall be passed on by backlight4you to the customer without delay. This shall also apply to cases where liability of backlight4you is excluded pursuant to the provisions described above notwithstanding the fact that a typical and foreseeable damage is nevertheless covered by insurance. Any other claims of the customer against backlight4you extending beyond that scope shall be excluded in that case.
15. Prohibition of set-offs
The customer shall not be entitled to setting off claims unless a relevant counter-claim is not disputed by backlight4you or unless such claim has become res judicata.
16. Protection of data privacy
- backlight4you shall use the data provided by the customer, such as name, address, phone-number, facsimile-number and e-mail address, exclusively for processing orders and for the benefit of all other contractual relations with the customer. No such data shall be given to third parties. Details are given in our Privat Policy.
17. Order exclusions
- The customer is obliged to inform backlight4you before putting to contract if the requested goods are designed to be used as a part of a motorized applications, e.g. car, motorcycle, truck, plane or similar.
Information about this topic must be given in writing before proceeding with contract.
backlight4you reserves the right to reject orders and requests in this case.
- If backlight4you was not informed by the customer referring to 17.a. the customer frees backlight4you from any claims that may arise from this non-information.
18. Out-of-court arbitration of disputes
The EU Commission has provided a platform for the out-of-court arbitration of disputes during the online purchase between dealers and end consumers.The platform is available under the external link http://ec.europa.eu/consumers/odr/. Our e-mail address in this context is firstname.lastname@example.org. Since the dealer is not required to participate in a dispute settlement procedure before a consumer-enforcement agency, we are not prepared to do so under the current conditions (high costs). We will, however, to the best of our endeavors to solve any problems after purchase fair.
19. Final provisions
- Any collateral agreement or any other arrangement shall be made in writing.
- If any provision of this terms and conditions of business shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
- The place of performance shall be Bad Saeckingen.
- The contract shall be governed exclusively by the laws of Germany.
Application of the UN uniform law on the international sale of goods is excluded.
- If the customer is a merchant, a legal person under public law or a separate fund under public law, the exclusive venue for all claims arising from the contract shall be Bad Saeckingen.