Terms and Conditions
General terms and conditions of business
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with Dirk Davids Leuchten GmbH.
By placing products in our online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the products in your shopping cart by clicking the order button. You will receive a confirmation email immediately after submitting your order.
3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English
We save the contract text and send you the order details and our General Terms and Conditions in text form. You can view the contract text in our customer login.
4. Subject matter of the contract
4.1 Product description
Attention is drawn to the validity of the respective product description as an essential part of the contract.
4.2 Product images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you have any questions, please contact us:
Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actual product colors are possible.
Natural variations in grain, structure and color of the wood are possible with wood products .
5. Requirements and handling of customer content
5.1 Requirements
If it is necessary for you to send us content (e.g. texts, data, files) in order to fulfil the order, the technical possibilities required for this and any applicable requirements will be determined by the respective product description.
You are solely responsible for the content, including the legality and accuracy of the content you submit. We do not conduct any editorial review of the content for the purpose of fulfilling the order.
5.2 Compliance with applicable law
The content and the products created from it must always comply with the applicable legal provisions. In particular, they must not infringe the rights and claims of third parties (in particular copyright, trademark, or other intellectual property rights), nor contain or serve any content that glorifies violence, is discriminatory, racist, xenophobic, or otherwise immoral or unconstitutional.
5.3 Exemption
You indemnify us against any third-party claims that they may assert in connection with a violation of their rights through our contractual use. You also assume the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This indemnity does not apply if you are not responsible for the violation. In the event of a claim by third parties, you are obligated to promptly, truthfully, and completely provide us with all information necessary to examine the claims and to defend ourselves.
5.4 Right of withdrawal
We reserve the right to refuse the order or withdraw from the contract if the content you provide violates legal or regulatory prohibitions or violates common decency, or if there is reasonable suspicion of such violation. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
6. Delivery conditions
Delivery options
We ship the products to the delivery address specified during the ordering process.
You generally have the option of picking up your order from Dirk Davids Leuchten GmbH, Zum Möhnewehr 28, Arnsberg, Germany during the following business hours: Monday to Friday from 8:00 a.m. to 1:00 p.m.
7. Payment
7.1 Prices
The prices stated at the time of the order apply. These are total prices and include VAT.
7.2 Due date and default of payment
The price is due upon conclusion of the contract unless a later date is specified in the following payment terms.
The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of €1.50 per reminder for the second and each subsequent reminder. You reserve the right to provide evidence of lesser damages. This does not affect any further claims.
For businesses: In the event of late payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the base interest rate, plus a flat fee of €40. This does not affect any other claims.
7.3 Payment methods
The following payment methods are generally available in our shop.
Prepayment
If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
Cash on pickup
You pay the invoice amount in cash upon collection.
PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed via PayPal immediately after you place your order. Further information will be provided during the ordering process.
PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the availability of these methods; other individually offered payment methods affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.
8. Right of withdrawal
You have the statutory right of withdrawal as described in the cancellation policy.
9. Retention of title
The product remains our property until full payment has been made.
The following applies to entrepreneurs: We retain ownership of the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
10. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental destruction shall pass to you as soon as we have handed over the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment.
11. Warranty and guarantees
11.1 Liability for defects
The statutory liability for defects applies.
11.2 Warranties and customer service
Information on any additional warranties that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.
12. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is open.
In the event of breaches of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of damage foreseeable at the time the contract was concluded and whose occurrence must be expected.
Otherwise, claims for damages are excluded.
13. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here . We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
14. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.