General Terms and Conditions

(1) The following terms and conditions apply to contracts that you (hereinafter referred to as "customer" or "you") conclude with DOTLUX GmbH, Richard-Stücklen-Str. 7, 91781 Weißenburg in Bayern (hereinafter referred to as "supplier" or "we") via our online shop at www.dotlux.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.

(2) The offers of Dotlux GmbH are aimed both at consumers within the meaning of § 13 BGB and at entrepreneurs within the meaning of § 14 BGB. A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.

(3) Individual agreements made with the Buyer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. A written contract or our written confirmation shall be authoritative for the content of such agreements

The object of the contract is the sale of goods and the provision of services, such as the customised planning of lighting concepts.

(1) Insofar as the subject of the contract is the sale of goods, the following applies: By placing the respective product in our online shop, we make you a binding offer to conclude a contract via the online shopping basket system under the conditions specified in the item description.

(2) The contract is concluded via the online shopping basket system as follows:

The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After clicking on the button "directly to PayPal" or and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you have selected an instant payment system (e.g. PayPal (Express/Paypal)) as the payment method, the order data will be displayed as an order overview.If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the information in the order overview again, changing it (also via the "back" function of the Internet browser) or cancelling the order.
By submitting the order via the corresponding button ("order with obligation to pay"), you declare legally binding acceptance of the offer, whereby the contract is concluded.

(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

Insofar as services are the subject of the contract, the following applies: Our offers on the Internet are non-binding and expressly do not constitute a binding offer to conclude a contract.

In order to make use of individual lighting design services or to commission us, the customer must first make a prior enquiry. This is followed by an initial consultation appointment and, if necessary, an on-site inspection. On the basis of this appointment or the result of the viewing appointment, the provider will then prepare a customised offer. The offer is subject to change.

(1) Payment via "PayPal" / "PayPal Checkout"

When selecting a payment method that is offered via "PayPal" / "PayPal Checkout", payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall apply in addition:

(a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, if you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves or to hand it over to a debt collection agency.

c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

(1) Unless otherwise regulated below, the statutory warranty rights apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.

(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions for the sale of goods:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) The luminous flux deviation as well as the power consumption or the failure of individual LED chips may occur due to the technical conditions of the product. As long as the deviation is within the technical specifications of the products, this does not constitute a defect. We guarantee that all LED chips supplied by us comply with the applicable ecodesign requirements and are therefore not defective. We are not liable for damage caused by the failure of LED chips, deviations in luminous flux or power consumption as long as these are within the technical specifications of the products. We are also not liable for damage caused by improper handling or use of our products.
c) If an individual product of an order is defective, refundable removal/installation costs are limited to 1.5 times the net list price of this product.in the case of serial defects, the reimbursement of costs is limited to 10% of the net list price of the affected delivery item of an order.in both cases, however, a cost estimate of the planned work must be submitted to us before the start of the installation/removal work in order to ensure that the costs are proportionate. The inspection shall be carried out promptly, within a reasonable period of time.
d) In the event of defects, we shall provide warranty at our discretion by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, unless the transfer corresponds to the intended use of the goods.
e) We shall bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs, if a defect actually exists.
If, however, a request by the Buyer to remedy a defect turns out to be unjustified, we may demand reimbursement of the costs incurred as a result from the Buyer.
We shall reimburse the Buyer for proven dismantling/installation costs in the event of justified liability for material defects for defective products in a reasonable amount.
f) The warranty period is one year from delivery of the goods. The shortened period does not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with warranty rights.

(5) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions for the provision of services such as the planning of lighting concepts:
The contracting parties shall inform each other immediately of the existence of a defective service. A processing time for the defect shall then be determined by mutual agreement. If the contracting parties do not immediately reach an agreement on the processing time for the defect, Dotlux GmbH will make the determination itself at its reasonable discretion.

a) Dotlux GmbH is initially entitled and obliged to provide the affected service in accordance with the contract without additional costs for you, provided that it is culpably responsible for the defective service. You can set Dotlux GmbH a reasonable deadline for this.

b) If Dotlux GmbH does not fulfil its obligation to remedy a defective service within the set period, you can remedy the defect yourself or have it remedied by a third party at the expense of Dotlux GmbH and demand reimbursement of the necessary expenses. The customer must commission the third party at reasonable costs comparable to those of the provider. The assertion of costs that exceed the total costs is excluded. Dotlux GmbH will support you or the third party commissioned by you in remedying the defect and in particular provide all necessary information.

c) Cancellation of the contract or withdrawal from the contract is excluded. This does not affect your right to terminate the contract for good cause.

(6) Legally relevant declarations and notifications to be made to us by the Buyer after conclusion of the contract (e.g. setting of deadlines, notification of defects, declaration of cancellation or reduction) must be made in writing to be effective

(1) The provider shall be liable without limitation for damages resulting from injury to life, body or health. Furthermore, the provider shall be liable without limitation in all cases of intent and gross negligence.

(2) If the essential contractual obligations are affected, the liability of the provider is limited to the foreseeable damage typical for the contract in the case of slight negligence. Essential contractual obligations are obligations that arise from the nature of the contract and whose breach would jeopardise the achievement of the purpose of the contract as well as obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely.

(3) In the event of a breach of insignificant contractual obligations, the liability of the provider for slightly negligent breaches of duty is excluded.

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).

(2) The place of fulfilment for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is filed. This shall not affect the right to bring an action before a court at another statutory place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

1.Identity of the provider

DOTLUXGmbH

Richard-Stücklen-Str. 7
91781 Weißenburg in Bayern
represented by the Managing Director: Benjamin Penderock
Phone: +49 9141 - 4051-0
Email: info@dotlux.de
UIN-No.: FR043923_05WCJR

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are not prepared to participate in dispute resolution proceedings before consumer arbitration boards.

2.Information on the conclusion of the contract

the technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3.Contract language, contract text storage

3.1. the contract language is German.
3.2. the complete contract text is not stored by us. Before sending the order via the online shopping basket system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

4. Essential characteristics of the goods

The essential characteristics of the goods can be found in the respective offer.

5.Prices and payment terms

5.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
However, for contracts with a delivery value of more than €10,000, we are entitled to demand a down payment of 30% of the purchase price. 30% of the purchase price. In the case of special requests and private labels, a deposit of 30 % of the purchase price will be charged with the order. 30% of the purchase price. The deposit is due and payable within 7 days of receipt of the order confirmation.

5.2. the shipping costs incurred are not included in the purchase price.they can be called up via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless delivery free of shipping costs has been promised.

5.3 The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.

5.4 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

5.5 Insofar as the subject of the contract is services, the purchase price is due from the date of invoicing and must be paid within 14 days of invoicing.

6. Terms of delivery

6.1. the terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2. if several items are ordered, dispatch will only take place when all items are in stock and can be dispatched. If we fulfil your order in accordance with § 3 by making partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

6.3 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

6.4. in the case of sale by dispatch, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to you upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

7. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I.).

8. information on returns

Although you are not obliged to do so, we request that you use secure transport packaging - if possible the original packaging - when returning the goods in order to avoid transport damage.

If you use a return label, which can be purchased from us for a fee and which you can apply for at reklamation@dotlux.de, the refund value will be reduced in the event of a refund.

Last update: 10.07.2024