General terms and conditions of Fiberlane LLC for www.fiberlanellc.com
§ 1 General terms
(1) The following terms and conditions are applicable for all business transactions between us and our customers using www.fiberlanellc.com.
(2) Terms and conditions of our customers are not applicable even though we do not separately exclude them.
§ 2 Conclusion of contract, technical steps for the conclusion, identification and correction of data errors and information concerning storage of the contractual text
(1) The presentation of products on www.fiberlanellc.com is not a binding offer. It is a non-binding proposal to potential customers who may submit their offer in order to realize a business transaction for the products presented on www.fiberlanellc.com.
(2) The conclusion of contract on www.fiberlanellc.com requires the following steps: You collect the presented products in the amount of your choice in a so called cart by using the „to cart"-buttons on the product pages. With a click on the button that shows the shopping cart-icon a page opens that shows a list of the products that you collected in your cart so far. On this page you can remove products from your cart by selecting them and click "remove" you can also change the amount of the products. To order the chosen products in your cart click the “continue to the next step” button on this page. A new page opens where you can choose to set up an account for www.fiberlanellc.com or to order without logging in.
A new page opens where you are asked to insert your personal data, your address and your contact information if you want to order without setting up an account. At this point you can also sign up for our newsletter by inserting your mail address and clicking the box below. If you want to set up an account you also choose your password on this page. With this password you can log in for future transactions.
Now, both new and returning customers reach a page where the payment method can be selected. You can choose from paying by credit card or PayPal. Click the box next to the payment method of your choice and enter your credit card details if you choose to pay with the credit card. If you choose to pay via PayPal you will be reconnected to the PayPal page where you need to Login into your PayPal account. If you choose "cash in advance" you will receive our bank information with you order confirmation.. Click "Continue to the next step" you go to the next step of your transaction.
(3) On the next page you will find an overview about all the details of your transaction. You are able to make changes on your shipping and billing address. Furthermore you can change your payment method and review the list of your ordered products and the related shipping cost once more. With clicking the "Edit" Icon you are able to make changes in every single part of the transaction on this page. By clicking "Order now" you submit your order.
(4) After you have submitted your order you will receive an E-mail to the E-mail address you provided to confirm your order. With the acceptance of your order the transaction is completed.
(5) We store and archive the contractual text. You can always access the information for free in the password protected Login-area on www.fiberlanellc.com.
§ 3 Shipping loss
(1) We send our products via UPS and express companies inside of the US, Canada and Mexico.
(2) When the customer is a non-commercial consumer, we take responsibility in case of loss during shipping.
(3) In any other case the customer is responsible for shipping loss and/or the damage during shipping from the point when the products are delivered to the transport company.
(4) We retain the option for partial delivery when the customer does not specifically object or whenever partial delivery is not unreasonable. In case of a partial delivery, costs for packing and shipping will be charged only once.
§ 4 Title retention
The products remain our property until the entire sale price inclusive of VAT and shipping costs have been paid.
§ 5 Warranty and general liability
(1) Customers claims due to quality defects will be honoured for two years from the time of delivery to the customer. Customers claims concerning used products due to quality defects will be honored for one year from the time of delivery to the customer except in the case of defects that have been fraudulently concealed.
(2) If the customer is a salesman, corporate body organised under public law or a separate public asset, claims due to quality defects as to quality will be honored for one year for new products from the time of the delivery. This excludes defects that have been fraudulently concealed by us. For this case the legal regulations are effective. Our liability according to § 8 Nr. 5 and § 8 Nr. 6 remain unaffected.
(3) If the customer is a salesman, corporate body organised under public law or a separate public asset, there is no warranty for used products. This excludes defects that have been fraudulently concealed by us.
(4) If the customer is a salesman, any claims due to defects will only be honored if the customer reports the defect immediately upon receipt of the goods according to § 377 German HGB.
(5) We are obligated to revocation and abatement of the purchase price of new products without keeping the usual deadlines, if the customer of our customer as a consumer of a sold and new and movable thing was able to revoke or abate the purchase price towards our customer in cause of the defect of this product or if there is a contribution claim resulting from this transaction towards our customer. Furthermore we are obligated to make up for our customers expenses particularly delivery-, labour- and material-costs that he had in the relation to the end-consumer in the context of the supplementary performance caused by a defect that existed at the passing of risk. This claim does not exist if the customer didn’t observe the requirement to make a complaint in respect of the defect immediately on receipt of the goods according to § 377 German HGB. ( don’t understand).
(6) The liabilities resulting from § 8 Nr. 5 are invalid if a defect was caused by an advertising message or other contractual agreement that did not originate with us or if the customer gave a special warranty to the end consumer. The liability will also not apply if the customer was, according to law, not obligated to the given warranty towards the end consumer or if he didn’t observe the requirement to make a complaint in respect of the claim addressed to him. This is also valid if the customer granted warranty to the end-consumer further then regulated by law.
(7) Our liability for damages, caused by any legal action, especially also in case of a delict, is limited to the contractual predictable damage.
(8) The limits of liabilities earlier mentioned are not valid for our liability caused by wilful actions or gross negligence, for fraudulent intention for guaranteed characteristic of state, for violation of life, of body or health or for the law on product liability.
§ 6 Information for consumers concerning long distance contracts and customer information for e-commerce contracts
(1) The product’s vital characters are contained in the description on the product pages and are displayed on the page where you can submit your purchase by clicking “buy now“.
(2) Languages that can be used for the conclusion of the contract are German and English.
(3) We are not subject to any code of conduct.
§ 7 Applicable law and place of jurisdiction
(1) The applicable law for the contractual relationship is the law of the Federal Republic of Germany.
The United Nations Convention for the International Sales of Goods is not applicable. If the Customer is a consumer the rights resulting from the law of his country of residence remain unaffected.
(2) If the customer is a salesman, corporate body organised under public law or a separate public asset, the place of jurisdiction is our place of business for every present and future claim resulting from the business relationship including bills and checks receivable. However, we have the right to sue our customer at his place of residence and/or business. The same place of jurisdiction is valid if the customer does not have a common place of jurisdiction in Germany or in the European Union or if his place of residence or his usual place of habitation are not known at the at the point of bringing the suit.
§ 8 Prices and terms of payment
(1) Prices include all applicable sales tax.
(2) Any additional shipping costs will be displayed on the “order now” page before the order is processed.
(3) We offer the following payment options:
- Credit card
(4) Payment is due at the time of your order.
(5) In case the counterclaim has been legally asserted or accepted by us, the customer has the right for set off.
(6) The customers statutory right of lien is just valid for contractual claims that belong to the same contract.