1. General provisions
The Liebherr online shop (hereinafter referred to as “Online Shop”) is operated by Liebherr-Purchasing Services GmbH, Hans-Liebherr-Strasse 45, 88400 Biberach, [email protected]) (hereinafter referred to as “Liebherr") who is the vendor of the products offered.
Orders and assignments by the customer and deliveries to the customer of products from the Online Shop are exclusively processed in accordance with these General Terms and Conditions of Delivery and Payment (hereinafter referred to as “GTC”).
2. Conclusion of contract
The presentation of the products in the Online Shop is not deemed an offer to enter into a purchase agreement. Upon submission of an order by simply “clicking” on the “Buy Now” button, the customer submits a binding offer to Liebherr on the conclusion of a contract. The customer promptly receives an order confirmation by email. This order confirmation confirms receipt of the order placed by the customer at Liebherr and specifies the details of the order, e.g., the products ordered, prices, shipping method, and other details. It shall not be deemed acceptance of the offer presented by the customer. The purchase agreement is not entered into until Liebherr confirms vis-à-vis the customer in a separate notification that the products have been shipped (shipping confirmation).
Products can only be shipped within the EEA and Switzerland.
The products are delivered within two to eight business days of the conclusion of the contract, depend on the destination country.
In a force majeure event, the delivery periods are extended reasonably. If the default in delivery exceeds four weeks, each party shall have the right to cancel the contract.
All prices specified include statutory VAT plus the respective shipping costs (cf. below). This does not apply to prices specified for orders from Switzerland; these prices are net product prices (not including the levies imposed in Switzerland, such as customs duties and taxes).
5. Shipping costs
Shipping costs are charged in addition to the specified price. Such costs are as follows for deliveries within the European Union or the EEA, each including statutory VAT:
France €9.90, Belgium €7.90, Netherlands €7.90, Germany €4.90, Italy €11.90, Great Britain €9.90, Ireland €12.90, Denmark €9.90, Greece €18.90, Portugal €18.90, Spain €18.90, Luxembourg €7.90, Sweden €12.90, Finland €17.90, Austria €7.90, Malta €36.00, Estonia €14.90, Latvia €14.90, Lithuania €14.90, Poland €11.90, Czech Republic €7.90, Slovakia €11.90, Hungary €11.90, Slovenia €11.90, Cyprus €38.00, Romania €18.90, Bulgaria €18.90, Croatia €11.90, Switzerland* €15.00
Deliveries to Switzerland are billed net (of the levies imposed in Switzerland, such as customs duties and taxes). Such levies as they may incur shall be billed by the delivery agent separately and in addition to the price of the product which we charge. For any deliveries to Switzerland, shipping costs in the amount of €15 (net of VAT) are charged.
6. Transfer of risks
The risk of accidental perishing of the products ordered shall be transferred to the customer when the products are handed over. In the event that you are a businessperson within the meaning of Sec. 14 German Civil Code (Bürgerliches Gesetzbuch; BGB), the risk is transferred to you when the products are handed over to a suitable shipping agent.
7. Terms of payment/Retention of title
Customers can pay the purchase price in advance, with credit cards (MasterCard/VISA), with debit cards (VISA Electron, Postepay, Servired, Carte Bleue, Dankort, Maestro, V-Pay, Carta Si, Euro 6000 and 4B) or by DIRECTebanking / Sofortüberweisung.
Until payment in full, Liebherr retains title of ownership in the products.
The customer may only offset payable amounts against uncontested claims or claims assessed in a legally binding manner.
The customer’s claims relating to legal and material defects shall be governed by the applicable legal regulations.
If the damage is caused by any intentional or grossly negligent violation of obligations by Liebherr or its legal representative or agents, Liebherr shall assume unlimited liability. Furthermore, Liebherr shall only be liable for the foreseeable damage common under such contracts that is caused by simple negligent violations of material obligations. Material obligations are obligations the violation of which endangers the achievement of the purpose of the agreement or the fulfilment of which is a prerequisite for the proper execution of the contract in the first place and on the compliance of which the customer may rely regularly. Liebherr shall not be liable for any simple negligent violation of obligations other than those specified in the preceding sentences. The aforementioned limitations of liability shall not apply in case of any injury of life, body, and health, any defect after accepting a warranty for the features of the products, and in case of maliciously concealed defects. Liability under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected. To the extent that Liebherr’s liability is excluded or limited, such exclusion or limitation, respectively, shall also apply to the personal liability of employees, representatives, and agents.
9. Governing law
This Agreement shall be governed by the laws of the Federal Republic of Germany, excluding the U.N. Sales Convention (CISG).
10. Alternative settlement of disputes
At http://ec.europa.eu/consumers/odr/, the European Commission provides a platform for the online settlement of disputes. Liebherr is neither required nor willing to participate in any dispute resolution proceedings before a consumer arbitration tribunal.
Last updated: 30/09/2019