Terms of service

1 Scope of application, contract language

1.1 These General Terms and Conditions (hereinafter “GTC”) apply to the contracts concluded between our customers (hereinafter “Customers”) and us, Legamaster International B. V., Kwinkweerd 62, 7241 CW Lochem, The Netherlands (hereinafter “Legamaster”) via the Legamaster online store under the domain store.legamaster.com (hereinafter “Online Shop”)

1.2 These GTC apply to the purchase of products in the online store by consumers and entrepreneurs. For the purposes of these GTC, a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 BGB). For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity. (§ 14 BGB) 

1.3 Deviating terms and conditions of the customer shall not apply, even if Legamaster does not expressly object to their validity;

2 Conclusion of contract

2.1 The presentation of the articles in the online store does not constitute a binding offer to conclude a purchase contract.

2.2 By submitting an order via the online store by clicking on the “Pay now” button, the customer submits a binding offer to purchase the items displayed in the order overview.

2.3 Immediately after Legamaster receives the order, the customer shall receive an order confirmation by e-mail. Such an e-mail does not constitute a binding acceptance of the contractual offer.

2.4 A contract between the customer and Legamaster shall only be concluded when Legamaster accepts the order by means of a separate declaration by e-mail or dispatches the ordered items. The customer is requested to regularly check the SPAM folder of his e-mail inbox. If it is not possible to deliver the ordered items, Legamaster shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. Legamaster shall inform the customer of this immediately and refund any payments already received without delay.

2.5 The customer shall receive the contractual provisions with details of the items ordered, including these GTC and the cancellation policy, by e-mail as an attachment with the acceptance of the contractual offer or with the notification of dispatch.

3. Ordering process

The customer selects items for purchase in the online store by placing them in the shopping cart by clicking on the corresponding button. The customer can change the number of items in the shopping cart at any time or remove the items from the shopping cart.

All offers are valid “while stocks last”, unless otherwise stated for the products. Errors are excepted. If the customer wishes to complete the order, they will be guided through the rest of the ordering process from the shopping cart by clicking on the corresponding buttons.

First, the customer is taken to a page where they enter their personal details. Here, the customer can specify a different delivery address and select the shipping method. They can then select the payment method. In the last step, a page opens with a summary of the main article details and the information provided by the customer. After checking, the customer can correct input errors by clicking on the relevant field in the header or on “Back to”. To cancel the order process, the customer can close the browser window. A binding offer within the meaning of section 2.2. of these GTC is only submitted when the “Pay now” button is clicked.

4. Data protection

Processing and storage of the data provided by the customer or the data relating to the respective purchase contracts shall only take place within the framework of the applicable statutory provisions. Details can be found in the data protection declaration on the Legamaster website.

5 Prices and terms of payment

5.1 All prices quoted in the online store are gross prices including statutory VAT.

5.2 Shipping costs (incl. customs duties and similar charges) are additional. These are indicated in the online store and are also displayed in the order overview before the customer places the order. The shipping costs are also shown separately on the invoice. If Legamaster fulfills the order in accordance with Section 6.2. of these GTC by making partial deliveries, the shipping costs shall only be incurred for the first partial delivery. If partial deliveries are made at the customer's request, the shipping costs shall be charged for each partial delivery.

5.3 Payment of the purchase price and shipping costs shall be made at the customer's discretion in the following ways:

• credit card
• and, if applicable, via other payment service providers specified in the online store.

The general terms and conditions of the payment service providers and paying agents may apply to the processing of the payment. 

5.4 The customer shall only be entitled to a right of set-off or retention if the counterclaim is undisputed or has been legally established.

9 Warranty

9.1 If the delivered goods are defective, the customer may first demand that the defect be remedied or that defect-free goods be delivered.

9.2 If subsequent performance in accordance with clause 9.1. fails or is unreasonable for the customer or Legamaster refuses subsequent performance, the customer shall be entitled in each case in accordance with the applicable statutory provisions to withdraw from the purchase contract, reduce the purchase price or demand compensation for damages or reimbursement of his futile expenses. The customer's claims for damages shall be subject to the special provisions of Section 10 of these GTC.

9.3 Subject to special provisions on goods with digital elements in accordance with Section 14.5 of these GTC, the warranty period for consumers is two years from delivery. The warranty period for entrepreneurs is reduced to 12 months.

9.4 In addition, the customer shall be entitled to rights under a guarantee of quality and/or durability, provided that Legamaster has expressly given such a guarantee in respect of the item sold in the individual case. Performance descriptions in catalogs and on Legamaster's websites do not have the character of an assurance or guarantee.

10 Liability

10.1 Legamaster shall be liable for damages or reimbursement of futile expenses in the event of intent and gross negligence in accordance with the statutory provisions.

10.2 In other cases, Legamaster shall only be liable in the event of a breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the customer may regularly rely (so-called cardinal obligation). In this case, the damage shall be limited to compensation for foreseeable and typical damage.

10.3 Legamaster's liability for delay in delivery is - except in the case of intent or gross negligence - limited to an amount of 20% of the respective purchase price.

10.4 Legamaster shall not be liable - except in the case of intent or gross negligence - for damages that are not typically to be expected in normal use of the goods.

10.5 The limitations and exclusions of liability in this clause 10 shall not apply to Legamaster's liability for guaranteed characteristics within the meaning of § 444 BGB, for injury to life, limb or health or under the Product Liability Act.

10.6 According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, Legamaster is not liable for the constant and uninterrupted availability of the online store.

11. Copyrights

Legamaster holds the copyright to all images, films and texts published by Legamaster in the online store. Use of the images, films and texts is not permitted without the express consent of Legamaster.

12 Applicable law and place of jurisdiction

12.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer has his habitual residence in another country at the time of the order, the application of mandatory legal provisions of this country of residence shall remain unaffected by the choice of law made in sentence 1.

12.2 Legamaster or the customer, who is a consumer, may bring an action before any court having jurisdiction by law. If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the courts with jurisdiction for Ahrensburg, Germany, shall have exclusive jurisdiction for all disputes arising from or in connection with the contract concluded under these GTC.

13. dispute resolution

The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/21. Legamaster's e-mail address is: shop@legamaster.com . Legamaster is not obliged or willing to participate in a dispute resolution procedure in accordance with the German Consumer Dispute Resolution Act (VSBG).

14 Digital products and goods with digital elements

14.1 Contracts for the purchase of digital content or digital services (“digital products”) are not subject to the provisions of Section 6 (2-5) of these GTC.

14.2 The delivery of digital products shall generally take place either by making them available for download, by providing a link to retrieve the digital products or by providing access data and a link to a virtual room, unless Legamaster informs the customer of a different type of delivery.

14.3 For goods that contain digital elements according to the product description, such as firmware on air servers, Legamaster guarantees the functionality and security of the firmware from the time of the transfer of risk for the update period provided for by contract or, in the absence of a contractual agreement, by law.

14.4 Legamaster hereby points out that the proper and safe functioning of the goods requires that the customer properly installs the updates provided by Legamaster after notification of availability (e.g. via the Legamaster website). The customer is responsible for taking note of the notification by Legamaster and installing the updates in a timely and proper manner. The frequency and timing of the updates shall be determined by Legamaster at its own discretion, whereby the updates shall be made available for retrieval in a suitable form communicated to the customer.  

14.5 There shall be no material defect in the goods if this is due to the customer's failure to carry out installation or improper installation, unless the improper installation is due to faulty installation instructions provided by Legamaster.

14.6 Assembly or installation by Legamaster is not owed.

14.7 The warranty period for goods with digital elements vis-à-vis consumers shall be two years from the provision of the goods or, in the case of defects attributable to the lack of updating, shall not commence until the last update has been provided. Claims due to a breach of the obligation to update shall not become time-barred before the expiry of twelve months after the end of the period relevant for the obligation to update. In no case shall the limitation period expire before four months after the defect first became apparent.

15. final provisions

15.1 These GTC are complete and final. Amendments and supplements within the framework of the conclusion of a contract should be made in writing in order to avoid ambiguities or disputes between the parties regarding the agreed content of the contract; however, informal individual agreements are also possible and effective.

15.2 Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of these GTC. The parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the legal and economic intent of the invalid or unenforceable provision and that they would reasonably have agreed upon if they had considered the invalidity or unenforceability of the respective provision when concluding this contract. The same applies in the event of a loophole.