for Landsberg Ltd. as a company and the website:
The following general terms and conditions contain the conditions for all business transactions between the customer and Landsberg Ltd.!
The following general terms and conditions contain the conditions for all business transactions between the customer and Landsberg Ltd.!
§ 1 General
1. The following conditions apply to our deliveries and services, including information, offers, advice and repairs. Deviating agreements, in particular contradicting terms and conditions of the buyer, are only effective with the express written consent of the seller.
2. Otherwise, our in-house and field staff are not authorized to make deviating or supplementary agreements or to grant special conditions.
3. We store and process our customers’ data by computer, as far as this is necessary for the proper handling of the business relationship.
4. The assignment of claims against us to third parties is excluded. Section 354a of the German Commercial Code remains unaffected.
§ 2 Information, advice
Information and advice regarding our products are based on our previous experience. The values given here, in particular also performance data, are average values determined in tests under normal laboratory conditions. We cannot assume an obligation to strictly adhere to the values and possible applications. The corresponding section applies to any liability.
§ 3 Offer and conclusion of contract, demonstration or demo or rental equipment
1. Our offers are non-binding, unless explicit reference is made to the binding nature of the offer. A delivery or other contract is only concluded when we have confirmed the customer order or the other order in writing or have delivered the goods.
2. The seller reserves the right to change designs and shapes until delivery.
3. The buyer is aware that the devices delivered by the seller are subject to export monitoring by the Federal Office of Commerce. The buyer is obliged to observe the relevant regulations of the Federal Office for Commercial Economics in the event of a re-export of the devices delivered by the seller.
4. Demonstration / demo / rental devices are non-binding display devices. In the case of a purchase after provision of a demonstration / demo / loan device, deviations from the device purchased instead, which are customary in the industry or within the scope of normal production, are reserved. In the case of delivery of demonstration / demo / loan devices, properties of the device are not considered to be guaranteed unless otherwise expressly stated in the order confirmation.
5. Demonstration / demo / rental equipment must be returned to us in perfect condition within 2 weeks at the latest. If the return does not take place within this time, we are entitled to charge the purchase price for the demonstration / demo / loan device in accordance with the current price list.
6. All information about our products, in particular the illustrations, drawings, weight, dimension and performance information contained in our offers and publications, are to be regarded as approximate average values. They are not guaranteed properties, but rather descriptions or identifications of the goods. Unless limits for permissible deviations are expressly specified in the order confirmation and designated as such, deviations customary in the industry are permissible in any case.
7. Every order is subject to the submission of an offer by Landsberg and is bindingly confirmed by the customer by means of a written order confirmation.
In case of doubt, Landsberg reserves the right to only carry out orders against prepayment.
§ 4 prices and payment
1. Unless otherwise stated in the order processing / invoice, our prices are net prices ex works. The customer has to bear additional freight costs, special packaging costs going beyond the customary packaging, ancillary charges, public charges, sales tax and customs duties.
2. If duty-free prices are agreed, the buyer must send the seller the necessary customs documents. If the buyer does not comply with this obligation or if it subsequently turns out for other reasons that the goods could not be imported duty-free, the buyer or the issuer of the duty-free declaration is liable to the seller.
3. Our invoices are due according to the terms of payment listed on the invoice. Invoices from the seller are due for payment in cash or by bank transfer to the seller’s account free of charge. Payment orders and checks as well as – by special agreement – bills of exchange are only accepted on account of payment and with settlement of all collection and financing expenses. Bills of exchange must be rediscountable. A transfer or prolongation does not count as fulfillment. Credits via bills of exchange or checks are always subject to receipt of money. They take place with the value date of the day on which the seller can dispose of the equivalent value. For international business, prepayment applies 100% before the delivery date.
4. If payment deadlines are exceeded, we are entitled to charge interest in the amount of the respective bank rates for overdrafts, but at least 5 percentage points above the interest rate for the marginal lending facility of the European Central Bank (SRF rate). Each party to the contract is entitled to prove a different interest disadvantage. Claims in the event of default remain unaffected. For the timeliness of the payment, it depends on the receipt of the money and not on its dispatch.
5. As far as costs and interest arise, we are entitled to offset payments first against the costs, then against the interest and finally against the main service.
6. All our claims – including those from other contracts with the customer – become due immediately, regardless of the term of any accepted and credited bills of exchange, in the event of default in payment, bill protest or suspension of payment by the customer or if we become aware of other circumstances that are justified and give rise to significant doubts about the solvency or creditworthiness of the customer. This also applies if these circumstances already existed on the part of the customer when the contract was concluded, but were not known to us or had to be known to us. In all cases mentioned, we are also entitled to only carry out outstanding deliveries against prepayment or security or cash on delivery and, if the prepayment or security is not made within two weeks, to withdraw from the contract without setting a new deadline. Further claims remain unaffected.
7. Regardless of the agreed price, the buyer owes the price shown in the seller’s price list valid on the day of delivery if a period of at least four months has elapsed between the conclusion of the contract and delivery.
8. All prices are net prices without sales tax, which the customer has to pay in addition to the statutory amount.
9. The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us.
10. Every order is placed or only becomes effective after a written order confirmation by the customer.
§ 5 delivery
1. An agreed delivery period is extended by the period during which the buyer is in default with his obligations from the respective or another business dealt with with the seller. Further rights of the seller from the default of the buyer remain unaffected.
2. Partial deliveries are permitted and are to be paid according to the payment conditions on the invoice after the invoice date. Delivered goods are to be accepted by the buyer, even if they have minor complaints.
3. In the event of withdrawal and conversion, the buyer can only request reimbursement of payments made. Claims for damages by the buyer – for whatever legal reason, including non-contractual ones – are excluded, unless the damage is based on willful or grossly negligent behavior on the part of the seller, his legal representatives or vicarious agents. Cases of force majeure or other events or technical defects in the devices / products that make delivery / service significantly more difficult or impossible for us, such as operational disruptions (e.g. fire, lack of raw materials or energy), transport delays, strikes, legal lockouts, Official measures, technical defects as well as non-delivery, incorrect or late delivery on the part of our suppliers, release us from the obligations under the respective contract, obstacles of a temporary nature, however, only for the duration of the hindrance plus a reasonable start-up period.
4. Irrespective of the above provisions, both the buyer and the seller are entitled to withdraw from the contract if the agreed delivery period is exceeded by more than 10 weeks. In this case, services already rendered are to be returned; Paragraph 3 Clause 2 applies accordingly for further claims.
5. If the buyer does not accept the goods, the seller is entitled, after setting a grace period of 2 weeks, to withdraw from the contract or to demand compensation for non-performance. In the latter case, the seller is entitled, at his discretion, to either demand compensation for the damage actually incurred or a flat-rate damage fee of 50% of the purchase price, unless the buyer can prove that the seller either has no or only a substantial amount lesser damage was caused. Instead of asserting the rights described above, the seller is also entitled to deliver similar goods under the agreed conditions within a reasonable extended delivery period.
6. In the absence of a special agreement, the seller reserves the right to choose the route and means of transport, whereby the seller bears no liability in this respect.
7. Self-delivery is reserved.
8. In the event of maintenance or service calls, Landsberg reserves the right to withhold the respective device until the costs have been paid in full in accordance with the order confirmation signed by the customer.
§ 6 Shipping, Transfer of Risk
1. Dispatch and transport are always at the risk of the customer. The risk is transferred to the customer, even in the case of partial deliveries, as soon as the consignment has been handed over to the person carrying out the transport or has left our warehouse for the purpose of dispatch or our works for delivery ex works.
2. If the dispatch of the delivery is delayed for reasons that lie with the customer, the risk of accidental deterioration and accidental loss is transferred to the customer upon notification of readiness for dispatch. Storage costs after transfer of risk are borne by the customer. We are entitled to charge 1% of the gross order amount per month. Further claims remain unaffected.
3. If the customer is in default of acceptance, we are entitled to demand compensation for the expenses incurred; with the occurrence of default in acceptance, the risk of accidental deterioration and accidental loss passes to the customer.
§ 7 Framework and call orders
1. Framework and call orders oblige the customer to purchase the total quantity on which the framework / call order is based.
2. Unless specific call-off dates result from the contract, the entire amount of the framework / call-off order must be called up within 12 months.
3. If the customer does not meet the call-off dates, we are entitled to deliver and invoice the total amount in full four weeks after written notification with reference to the consequences of the non-call-off. Our rights from default by the customer remain unaffected.
§ 8 List
1. The following provisions apply to any type of installation: The buyer must take over at his own expense and provide in good time: – Auxiliary teams, such as B. Handlers and, if necessary, electrical and water plumbers – The devices required for installation or commissioning, such as lifting equipment and the necessary commodities and materials – Heating, lighting and operating power including the necessary electrical and cooling water connections up to the place of installation.
2. Before the start of the installation, the delivery parts necessary for the start of the installation work must be in place and all preparatory work must have progressed so far that the installation can be started immediately after the arrival of the installer and carried out without interruption.
3. If the installation or commissioning is delayed due to circumstances at the place of installation through no fault of the seller, the buyer has to bear all costs for waiting time and further travel required by the installer.
4. The buyer is obliged to give the installers a written confirmation of the completion of the installation without delay.
5. The seller is only liable for the proper handling and installation of the delivery items. The seller is only liable for the activities of his erectors and other vicarious agents – regardless of the legal reason – insofar as this work is related to the delivery and the erection and the vicarious agents of the erector are charged with intent or gross negligence. Otherwise, especially for the execution of work initiated by the buyer – even if it is carried out by the aforementioned persons – the seller is exempt from any liability.
§ 9 Rights to Software
1. All programs remain our property. The programs, documentation and subsequent additions may not be made accessible to third parties without our prior written consent and – even for our own purposes – may not be copied or duplicated in any other way.
2. A non-exclusive and non-transferable right of use for the internal operation of the goods for which programs are supplied is granted to programs and associated documentation and subsequent additions. For programs and documentation that are produced on behalf of the buyer and represent our delivery, the buyer is granted the desired number of individual licenses for end customers to the extent of a non-exclusive and non-transferable right of use.
3. Source programs are generally not made available; they are only made available on the basis of a separate written agreement.
§ 10 rental
1. All other paragraphs of the General Terms and Conditions apply in full, unless otherwise stated under the rental paragraph.
2. The tenant who rents our devices will temporarily operate them in his practice rooms or in rooms specified by him. The tenant must allow the spatial conditions to be able to use the devices properly.
3. For the delivery of the equipment / rental item, it is decisive that the order confirmation is signed by the tenant at least 10 working days before the rental date. This does not justify the tenant’s legal claim to actually having the rental property made available on the desired days. The landlord is entitled to reject the tenant’s rental requests due to technical defects in the rental property or knowledge of the customer’s creditworthiness or without justification and to offer alternative dates. In this case, the tenant and landlord are required to reach an agreement. If agreement cannot be reached, the tenant will not have any claims for damages.
4. The tenant can also order several rental dates in advance. The appointments must be kept within the next 12 months.
5. For organizational reasons, an appointment cancellation can only be considered 10 working days before the rental date without charge. Thereafter, the rental price will be invoiced without the flat-rate fare. In the case of orders that contain reservations for several rental dates, in the event of early cancellation (rescheduling of dates by the tenant excluded), the dates not taken will be charged at 15% net plus statutory VAT. For appointment cancellations without an alternative appointment, the current processing fee will be charged.
6. The tenant and landlord are obliged to properly fill out the handover protocol. The time of arrival, time of collection and the proper condition of the rental property must be noted at least.
7. The rental period stated in the order confirmation is decisive. If the rental period is exceeded, every half hour or part thereof will be charged at the current rate.
8. The landlord undertakes to rent out proper equipment and to maintain it accordingly. In the event of defects or operational disruptions, the tenant is obliged to cease operations immediately and to inform the landlord immediately.
9. By accepting the rental object or by signing the order confirmation, the lessee confirms that he is familiar with the use of the rental object and that he is authorized and qualified to use it. The tenant undertakes to carry out treatments with the rental equipment exclusively in person or to have it carried out by authorized specialist personnel supervised by him.
10. The tenant is not entitled to lease the device to third parties or to sublet it.
11. The tenant undertakes to treat the rented property with care and to observe the relevant statutory protection regulations.
12. Responsibility and liability for diagnostics, indication, clarification, pre-treatment, application and follow-up treatment in the context of the use of the rental equipment lies exclusively with the lessee as the temporary operator of the equipment made available by the lessor. The tenant undertakes to include the risk associated with the use of the rental device in his professional liability insurance, as well as to report the temporary use of the rental device to the responsible trade supervisory authority.
13. The lessor excludes, as far as legally possible, any liability for damage caused by the use of the rental equipment by the renter, in particular for damage that falls within the liability and responsibility of the equipment manufacturer. The lessor’s liability for each individual case of damage is excluded.
14. Any liability for damages on the part of the seller – regardless of the legal reason – is excluded, unless the seller, his legal representatives or his vicarious agents are guilty of willful intent or gross negligence. In this case, too, the seller’s liability is limited to the rental price, so that claims for compensation for loss of production / business / practice and lost profit cannot be asserted against the seller. The seller recommends that the buyer take out appropriate insurance.
§ 11 Warranty and Guarantee
1. The seller guarantees that the purchased item is free from defects in terms of material and workmanship, but not the suitability of the purchased item for a specific purpose. It is up to the buyer to check and decide. Minor deviations from the seller’s specifications as well as technical changes that do not significantly impair the usability of the object of sale do not constitute a defect in the sense of these warranty regulations.
2. The seller warrants for defects that existed when the risk was passed to the buyer that the buyer is entitled to assert warranty claims within 12 months of the day of delivery. The warranty is initially limited to the fact that the seller, at his own discretion, reworks the purchase item free of charge or delivers defect-free goods. The costs of repair and subsequent delivery, freight costs only within the Federal Republic of Germany, are borne by the seller. If the defect cannot be remedied by subsequent improvement or subsequent delivery, the buyer is entitled to choose to reduce the purchase price or to rescind the contract.
3. The buyer is obliged to carefully inspect the delivered goods for completeness and correctness immediately after they arrive, even if demonstration devices have been sent beforehand. The delivery is deemed to have been approved if a notice of defects is not received within 7 days of receipt of the goods at the destination, or if the defect was not recognizable during a proper inspection, within 7 days of its discovery in writing, by telex or fax.
4. Transport damage must be reported to the freight forwarder; the reporting obligations of the General German Forwarding Conditions apply in this respect.
5. The seller is not obliged to repair or make subsequent deliveries as long as the buyer does not properly fulfill his contractual obligations.
6. The buyer’s warranty obligation expires if the delivered object of purchase is handled improperly, is changed or processed without the consent of the seller, is overused or if the original serial number is removed or changed. The seller is only liable for products from third-party manufacturers supplied by him provided that the buyer is initially obliged to take action against the supplier based on the seller’s warranty claims assigned to him. A warranty liability of the seller exists only insofar as the supplier does not give the buyer any guarantee. The warranty claims of the buyer against the seller, insofar as they are based on defects in third-party products, expire within six months from the warranty. The seller hereby assigns his warranty claims against the supplier of third-party products to the buyer, who accepts this assignment at the same time.
In the special “JetPeel” device, any guarantee and warranty are void if “foreign reagents” are used, ie substances not acquired from the manufacturer TavTech via Landsberg are or have been used.
7. No guarantee is given for used goods.
8. In the case of water-cooled items purchased, the seller is not liable for damage caused by failure of the cooling water.
9. In the event of inadequate or improper maintenance of the purchased item by persons not commissioned by the seller, any liability of the seller is excluded.
10. The seller provides his warranty services exclusively to the agreed delivery address of the buyer.
11. The seller’s warranty liability expires if the buyer removes the object of purchase from the installation site without the consent of the seller. Any liability for damages on the part of the seller – for whatever legal reason – is excluded, unless the seller, his legal representatives or his vicarious agents are guilty of willful intent or gross negligence. In this case, too, the seller’s liability is limited to the purchase price, so that claims for damages due to production downtime / business / practice downtime and lost profit cannot be asserted against the seller. The seller recommends that the buyer take out appropriate insurance.
12. JetPeel guarantee – maintenance instructions
All JetPeel ™ devices must be serviced at least once a year by Landsberg technical service in accordance with the manufacturer’s instructions, even if the system has not been used. Keyword damage to the stand.
If the maintenance interval is suspended by the customer or not carried out in accordance with regulations,
Any warranty and guarantee on the part of the manufacturer and Landsberg expires.
If JetPeel ™ is not used with the active serums prescribed by the manufacturer TavTech
§ 12 retention of title
1. All delivered goods remain our property (reserved goods) until all claims have been fulfilled, regardless of the legal reason, including future or conditional claims, from contracts concluded at the same time or later. This also applies if payments are made on specially designated claims.
2. In the event of seizures or other interventions by third parties, the customer must inform us immediately in writing.
3. Treatment and processing of the goods subject to retention of title are carried out for us as manufacturers in the sense of Section 950 of the German Civil Code (BGB), without any obligation on us. The processed goods are considered reserved goods within the meaning of Paragraph 1. If the customer processes, combines and mixes the reserved goods with other goods, we are entitled to co-ownership of the new item in the ratio of the invoice value of the reserved goods to the invoice value of the other goods used. If our ownership expires through combination or mixing, the customer transfers the ownership rights to which he is entitled to the new inventory or the item to the extent of the invoice value of the reserved goods and stores them for us free of charge. The resulting co-ownership rights apply as reserved goods within the meaning of Paragraph 1.
4. The customer is only entitled to resell the reserved goods, to process them or to combine them with other items or to install them in any other way (hereinafter also referred to as resale for short) as long as he is not in default. Any other disposal of the reserved goods is not permitted. Any seizures made by third parties or other access to the reserved goods must be reported to us immediately. All intervention costs are borne by the customer, insofar as they cannot be collected by the third party (opponent of the objection suit) and the third party objection suit has justifiably been raised. If the customer defers the purchase price to his buyer, he has to retain ownership of the reserved goods under the same conditions under which we reserved ownership upon delivery of the reserved goods; however, the customer is not obliged to retain title to claims against his customer that will only arise in the future. Otherwise the customer is not authorized to resell.
5. The customer’s claims from the resale of the reserved goods are hereby assigned to us. They serve as security to the same extent as the reserved goods. The customer is only entitled and authorized to resell if it is ensured that the claims to which he is entitled are transferred to us.
6. If the reserved goods are sold by the customer together with other goods not supplied by us at a total price, the claim from the sale is assigned in the amount of the invoice value of our respectively sold reserved goods.
7. If the assigned claim is included in a current invoice, the customer hereby assigns to us a part of the balance corresponding to the amount of this claim, including the final balance from the current account.
8. The customer is authorized to include the claims assigned to us until our revocation. We are entitled to revoke if the customer does not properly meet his payment obligations from the business relationship with us or if we become aware of circumstances that are likely to significantly reduce the customer’s creditworthiness. If the prerequisites for exercising the right of withdrawal are met, the customer must, at our request, immediately notify us of the assigned claims and their debtors, provide all information necessary to collect the claims, hand over the associated documents and notify the debtor of the assignment . We are also entitled to notify the debtor of the assignment ourselves.
9. If the value (in the case of claims, the nominal value, in the case of movable objects, the estimated value) of the securities existing for us exceeds the secured claims by more than 50%, we are obliged to release securities of our choice at the customer’s request.
10. If we assert the retention of title, this is only considered a withdrawal from the contract if we expressly declare this in writing. The customer’s right to own the goods subject to retention of title expires if he does not fulfill his obligations from this or another contract.
§ 13 Production according to the customer’s instructions
1. In the case of production according to customer drawings, customer dimensions, samples and other instructions from the customer, we assume no guarantee or liability for the functionality of the product or for other defects, insofar as these circumstances are based on the customer’s instructions. The goods cannot be exchanged.
2. The customer exempts us from any third party claims, including those arising from product liability, against us for damage caused by the goods, unless we caused the damage intentionally or through gross negligence.
3. The customer guarantees us that the manufacture and delivery of the goods manufactured according to his instructions does not infringe any third party property rights. In the event that property rights are asserted against us, we are entitled to withdraw from the contract after hearing the customer without any legal examination of any third-party claims, unless the third party withdraws the assertion of property rights within 8 days by means of a written declaration to us. The customer has to compensate us for any damage caused by asserting the property rights. In the event of withdrawal, the work we have done so far must be remunerated. Further rights under the statutory provisions remain unaffected.
4. The molds, tools and construction documents produced by us for the execution of the order are exclusively our property. The customer is not entitled to any claims, even if he shares in the costs for the production of molds, tools and construction documents, unless otherwise expressly agreed.
§ 14 Institute Finder
On https://www.landsberg.eu Landsberg provides Landsberg customers with a so-called “institute finder”, a practitioner search engine for those seeking treatment. Every Landsberg customer who has bought his respective device systems from Landsberg and (!) Products / consumables (reagents for JetPeel ™, handpieces for JetPeel ™, ReadyMedical, Edelweiss®, Dr. JK Cosmeceuticals Privée, Dr. skin’s, DermWave ™, FeatherTouch ™ , LiquidGloves ™) from Landsberg regularly and adapted to the treatment numbers, has the right to be listed in the “Institute Finder” at least free of charge to the product purchases.
Landsberg expressly reserves the right to deny customers the right to be listed in the institute finder, if Landsberg has business reasons against it.
Business reasons can include: if the products in question cannot be found on the customer’s website, JetPeel is not operated with original active serums from the manufacturer or the customer’s institute does not reflect the aesthetics Landsberg represents.
The judges’ decision is final.
§ 15 Landsberg Shop
The Landsberg Shop is used exclusively under the conditions explained in more detail below.
1. Your online account:
When you use a Landsberg Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and, to the extent permitted by applicable law, you agree to be responsible for all activities that occur via Your account or password can be made. You should take all necessary steps to ensure that your password is kept secret and stored securely and you should inform us immediately if you have any cause for concern that a third party has gained knowledge of your password or that the password is being used without authorization or this is likely. It is your responsibility to ensure that the information you provide to us is correct and complete and that you notify us of any changes to the information you provide. You can view and update much of the information you have given us and your account settings in the “My Account” section of the website.
You may not use a Landsberg Service: (i) in any manner that is likely to interrupt, damage or otherwise impair the Landsberg Service or access to it, or (ii) for fraudulent purposes or in connection with a criminal offense or unlawful activity; or (iii) to cause harassment, inconvenience or fear.
2. License – access to Landsberg data
Landsberg and its licensors, suppliers, publishers, rights holders, or other content providers
You may not use any frame or frame techniques to add trademarks, logos or other copyrighted information (such as images, text, page layout or shape) from Landsberg without our express written consent. You may not use any meta tags or other “hidden text” using Landsberg’s name or trademarks without our express written consent.
5. Electronic communication
If you use a Landsberg service or send us emails, you are communicating with us electronically. We will be with you
§ 16 Conditions of Sale
These conditions of sale regulate the sale of products by Landsberg to you.
Please read these conditions carefully before you place an order with Landsberg. By placing an order with Landsberg you declare that you agree to the application of these conditions of sale to your order.
2. Conclusion of the contract
Your order represents an offer to Landsberg to conclude a purchase contract. When you place an order with Landsberg, we will send you an email confirming that we have received your order and listing its details (order confirmation). This order confirmation does not represent an acceptance of your offer, but is only intended to inform you that we have received your order. A purchase contract is only concluded when we send the ordered product to you and confirm the shipment to you with a second e-mail (shipping confirmation). If your order is sent in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for the products listed in the respective shipping confirmation for each shipping confirmation. Contract partner is Landsberg. Regardless of your right of cancellation under section 3, you can cancel your order for a product at any time free of charge before sending the associated shipping confirmation.
You agree that you will receive invoices electronically. Electronic invoices are made available to you in PDF format in the My Account area of the website. For each delivery, we will inform you in the shipping confirmation whether an electronic invoice is available.
3. Right of withdrawal up to 14 days, exclusion of the right of withdrawal and statutory warranty right.
BEGIN REVOCATION POLICY
Right of withdrawal
You have the right to cancel this contract within 14 days from the day on which you or a third party named by you who is not the carrier, the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single Order or the delivery of goods in several partial shipments or pieces) or from the date of the conclusion of the contract without giving reasons.
In order to exercise your right of withdrawal, you must inform us (Landsberg, Uhlandstraße 175, 10719 Berlin) of your decision to withdraw from this contract. You can fill out your declaration electronically and submit it, so we will contact you immediately
Send a confirmation of receipt of such a revocation (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired and for you to have returned the goods within the deadline defined below.
Consequences of the withdrawal:
If you withdraw from this contract, we will reimburse you for all payments for the purchased goods that we have received from you, and we will reimburse you for the cost of the cheapest standard delivery we offer. This repayment will be made immediately and at the latest, subject to the situations mentioned below, within fourteen days from the day on which we received notification of your cancellation of this contract.
For this repayment, we will use the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise. In no case will we charge you any fees for repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.
You must return the goods immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You have to bear the regular costs of returning the goods if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not yet received the consideration or a have made the contractually agreed partial payment. Otherwise, the return is free of charge. Items that cannot be sent as parcels will be picked up from you.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not exist or expires with the following contracts
for the delivery of goods for reasons of health protection or from
For reasons of hygiene that are not suitable for return and the seal of which was removed after delivery or which, due to their nature, were inseparably mixed with other goods after delivery;
for the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs
for the delivery of goods that can spoil quickly or whose use-by date would quickly be exceeded;
for services, if Landsberg has provided these in full (e.g. the use of Landsberg Marketing) and you have taken note of and expressly consented to the fact that we can start providing the service and you lose your right of revocation once the contract has been fully fulfilled;
END OF REVOCATION
All prices in the shop are net prices plus the applicable VAT. Despite our best efforts, a small number of the products in our catalog may be incorrectly priced. We check prices when we process your order and before we charge payment. If a product is priced incorrectly and the correct price is higher than the price on the website, we will contact you prior to shipping the goods to ask you whether you want to buy the product at the correct price or to cancel the order. If the correct price of a product is lower than the price quoted by us, we will charge the lower amount and send the product to you.
5. Payment – retention of title
The customer can pay the purchase price by credit card, EC or prepayment.
Each product delivered remains the property of Landsberg until full payment has been made.
Landsberg reserves the right not to offer certain methods of payment in individual cases. In the case of payments and in other cases where there is a legitimate reason, Landsberg checks and evaluates the data provided by the customer and maintains data exchange with other companies within the Landsberg Group and credit agencies.
Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products that are sold by Landsberg (e.g. on the respective product detail page). We would like to point out that all information on availability, shipping or delivery of a product is only approximate information and approximate guide values. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product. If Landsberg finds out during the processing of your order that the products you have ordered are not available, you will be informed separately by e-mail. The legal rights of the customer remain unaffected. Insofar as delivery to the purchaser is not possible because the goods delivered do not fit through the entrance door, front door or staircase of the purchaser or because the purchaser cannot be found at the delivery address specified by him, although the delivery date has been announced to the purchaser within a reasonable period of time the customer bears the costs for the unsuccessful delivery.
If you order products from Landsberg for delivery outside the EU, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional fees for customs clearance are your responsibility; we have no control over these fees. Customs regulations differ greatly from country to country, so you should contact your local customs authority for more information. Please also note that when ordering from Landsberg you will be considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.
8. The one click order
The one-click ordering function is the fastest and easiest way to safely order products from Landsberg. If you use a publicly accessible or shared computer, we strongly recommend deactivating the one-click ordering function when you are not at the computer.
9. Warranty on products sold by Landsberg and limitation of liability.
In addition to your 30-day return guarantee, customers in the European Union have warranty rights for a period of two years from the delivery of the goods and can request the repair or replacement of the products purchased on Landsberg if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price.
If the supplementary performance has been made by means of a replacement delivery, the customer is obliged to return the goods initially delivered to Landsberg within 30 days at Landsberg’s expense. The return of the defective goods must take place in accordance with the statutory provisions. Landsberg reserves the right to claim damages under the legally regulated conditions.
In the case of used goods, the warranty period can be shorter than two years.
Landsberg has unlimited liability insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by Landsberg or by a legal representative or vicarious agent of Landsberg.
Furthermore, Landsberg is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract or the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you regularly trust. In this case Landsberg is only liable for the foreseeable, contract-typical damage. Landsberg is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
As far as the liability of Landsberg is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. JetPeel – maintenance, reagents and handpieces
The JetPeel device system has been scientifically researched and tested by renowned, opinion-forming institutes / persons (university clinics, clinics, universities, hospitals, doctors) exclusively with reagents and handpieces offered by the device manufacturer TavTech.
All Landsberg core marketing statements are based on the results of these studies.
In order to ensure the safety of the treatment results and the equality of treatment between the individual institutes and the treatment customers “Lege artis”, it is not possible to buy JetPeel handpieces separately.
JetPeel handpieces may only be operated together with an estimated minimum number of any suitable JetPeel original reagents and purchased in the Landsberg Shop.
In the event that the JetPeel device system is used for purposes other than those intended by other manufacturers, the product liability expires, in particular the liability for effects and side effects when the JetPeel device system is used properly and all other applicable guarantees.
In addition, every JetPeel user undertakes to regularly take part in JetPeel seminars organized by the Landsberg MedWiss Academy in order to ensure that they are familiar with the JetPeel device system, particularly with regard to application and use of reagents.
The JetPeel device system must be serviced once a year by Landsberg JetService in order to ensure smooth operation of the device unit and to avoid damage to the device.
JetPeels that were used in experiments must also be subjected to a “compressor pressure check” and a “pressure calibration”.
The prices for technical services from Landsberg can be found in the technology and maintenance price list.
11. Changes to the conditions of sale
We reserve the right to make changes to our website, rules and conditions, including these terms of sale, at any time. The terms of sale, contractual conditions and general terms and conditions that are in force at the time of your order apply to your order, unless a change to these conditions is required by law or by official order (in this case they also apply to orders, which you have previously made). If any provision in these Conditions of Sale is ineffective, void or unenforceable for any reason, this provision is deemed severable and does not affect the validity and enforceability of the remaining provisions.
12. Conclusion of orders and contracts
See also §2 paragraph 7 of these general terms and conditions.
§ 17 Industrial Property Rights and Copyrights
1. If claims are made against the customer for infringement of an industrial property right or a copyright because he uses our delivery / service, we undertake to provide the customer with the right to further use. The prerequisite for this is that the customer informs us immediately in writing of such third-party claims and that we reserve the right to take all defense measures and extrajudicial measures. If, under these conditions, further use of our delivery / service is not possible under economically justifiable conditions, it is agreed that, at our option, we either modify or replace the delivery / service to remedy the legal defect or take back the delivery / service and send it to us Refund the purchase price paid minus an amount that takes into account the age of the delivery / service.
2. The customer is not entitled to any further claims due to infringement of industrial property rights or copyrights, provided that no essential contractual obligations (cardinal obligations) are violated. We have no obligations if violations of the law are caused by the fact that our delivery / service is used in a manner not offered by us or used together with other than our deliveries / services.
§ 18 Confidentiality
Unless expressly agreed otherwise in writing, the information submitted to us in connection with orders is not considered confidential, unless the confidentiality is obvious.
§ 19 Place of performance, place of jurisdiction and applicable law
1. The place of performance for our deliveries is the delivery plant for delivery ex works, and our warehouse for all other deliveries.
2. The place of jurisdiction for all disputes arising from this contract is our seat or the seat of the customer, at our discretion, for complaints by the customer our seat. Statutory regulations on exclusive responsibilities remain unaffected.
3. The law of the Federal Republic of Germany applies to all legal relationships between us and the customer.
§ 22 Contractual Liabilities
The ineffectiveness of individual provisions of the delivery contract or these general conditions does not affect the effectiveness of the remaining provisions. It cannot be deduced from the fact that the seller does not insist on compliance with individual contractual agreements, which non-compliance does not draw any conclusions or claims, that he waives his rights and claims in this respect.
§ 21 Treatment Contracts
Treatment contracts previously concluded with Landsberg or with Laserwelt, must be concluded within the contract period or the planned treatment period.
Paid treatments, in special treatment packages (several treatments concluded in a package at the package price), become invalid at the latest one calendar year after the conclusion of the contract.
Treatment appointments not attended or canceled without a doctor’s certificate will be canceled without replacement and without reimbursement of costs.
Costs are only reimbursed in the event of total cancellations without rescheduling prior to treatment with a medical certificate.