General Terms and Conditions of ECONLUX GmbH

1. scope of application, authority to amend, content of the contract, change of contractual partner

1.1 These General Terms and Conditions (GTC) apply to transactions of ECONLUX GmbH, Welserstraße 5-7, 51149 Cologne, Germany, represented by the management (hereinafter referred to as “ECONLUX”) with the contractual partners (hereinafter referred to as “customer”).

1.2 ECONLUX offers customers (consumers and entrepreneurs) the opportunity to purchase goods. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (Section 14 (1) BGB).

1.3 These GTC are an integral part of every contract concluded. The currently valid version can be viewed on the Internet at Anway-LED-Treiber.de/agb. The customer also has the option of printing or saving the GTC.

1.4 Deviating terms and conditions of the customer as well as amendments and supplements are only valid insofar as they are recognized by ECONLUX. This also applies if the customer’s general terms and conditions have not been expressly objected to.

1.5 ECONLUX may amend the GTC at any time without stating reasons, even with effect for an existing contractual relationship. ECONLUX shall inform the customer of any changes in text form (email) at least 14 working days before they come into effect. The customer shall be deemed to have given its consent if it has not indicated its rejection within 14 days of notification of the changes. ECONLUX shall inform the customer separately of this approval effect. Should a change alter the services or deviate from the content, the desired adjustment must be reasonable, taking into account the interests of the customer.

1.6 ECONLUX may transfer its rights and/or obligations arising from the contractual relationship to one or more third parties (assumption of contract and/or debt, assignment). The customer has the right to withdraw from the contract in the event of assumption of the contract and/or debt.

1.7 As part of the processing of the e-commerce store system and payment transactions, ECONLUX cooperates with the online payment service PayPal and PayPal Plus as well as with the Association of German Electrical Engineers (VDE). In this respect, the respective applicable terms of use shall apply in addition.

2 Contract offer and conclusion of contract

2.1 All presentations and other service descriptions, in particular on the Anway-LED-Treiber.de website (alternatively LED-Treiber-Shop.de, LED-driver-shop.com) are subject to change.

2.2.1 Customers of legal age (from the age of 18) can submit an offer to conclude a contract for the service they require. To do so, they can enter the minimum registration data required:

• First and last name,
• Date of birth,
• Address (street, town, zip code),
• Email address and telephone number,
• Payment details (bank transfer, PayPal, PayPal Plus)
• Delivery method and information,

submit an offer to conclude a contract by clicking on the “Order with obligation to pay” button. The required data must be provided completely and truthfully.

2.2.2 The customer also has the option of creating a free account on Anway-LED-Treiber.de as a registered customer. When registering, the customer must choose a password for access to the customer area. The password should consist of an alphanumeric combination of numbers and letters and at least 6 characters. Notwithstanding point 2.8 of the GTC, the customer is obliged to keep the password secret for an unlimited period of time.

2.3 Before submitting the order declaration, the customer has the opportunity to check, change or correct all details again, in particular to identify or correct input errors (order overview).

2.4 A contract is only concluded when ECONLUX has unconditionally accepted the customer’s offer or has begun with the performance actions owed (e.g. dispatch of the goods). In the latter case, the customer waives receipt of the declaration of acceptance.

2.5 The customer shall receive a technical confirmation of receipt in text form (by e-mail message) after submitting his contractual offer. This confirmation of receipt of the offer does not constitute a declaration of acceptance in accordance with 2.4.

2.6 The customer’s specific order data (2.2) is stored by ECONLUX. The customer can contact ECONLUX customer service via a contact form(Anway-LED-Treiber.de/kontakt), e.g. to change the address or payment method.

2.7 The customer shall receive a separate order confirmation on a durable medium (email message) immediately after conclusion of the contract, in which the content of the contract is reproduced.

2.8 ECONLUX must be notified immediately of all facts material to the business relationship, in particular changes to the name, address, contra account, the customer’s ability to dispose of or enter into obligations, or the persons authorized to represent the customer, as well as any powers of representation or disposal (in particular contact persons). If the customer culpably fails to notify the change to his contractual data, he shall bear the costs of determining the data required to execute the contractual relationship.

3. right of withdrawal and bearing of costs

3.1 Consumers (see point 1.2 sentence 2) are free to revoke the contractual declaration in accordance with the conditions set out in the revocation instructions see 3.3 (or can be viewed at https://Anway-LED-Treiber.de/widerrufsbelehrung).

3.2 In the event of revocation, the customer shall bear the direct costs of the return shipment.

3.3 Cancellation policy

3.4 Unless otherwise agreed, the right of withdrawal does not apply to the contracts described in § 312g paragraph 2 no. 1-13, paragraph 3 BGB.

4. prices, delivery, shipping costs and terms of payment

4.1 Unless expressly agreed otherwise in individual cases, the prices and delivery conditions for entrepreneurs (see 1.2 sentence 3) of ECONLUX are “ex works” from the registered office of ECONLUX as contractor (EXW according to Incoterms 2010) without packaging. If ECONLUX has agreed delivery of the goods with the customer in deviation from this, the risk shall pass to the customer upon handover to the first carrier, even in the case of carriage paid delivery.

4.2 Delivery deadlines to customers who are entrepreneurs (cf. 1.2 sentence 3) are only binding for ECONLUX if they have been expressly agreed in writing. The occurrence of default by ECONLUX vis-à-vis the customer is determined in accordance with the statutory provisions, with the proviso that the customer undertakes to first request delivery from ECONLUX and to set a reasonable grace period for delivery.

If, in individual cases, ECONLUX is unable to meet a delivery deadline agreed in writing with the entrepreneur as customer for reasons for which ECONLUX is not responsible, ECONLUX shall inform the customer of this in writing without delay and set a new delivery deadline that is reasonable under the circumstances.

4.3 If the customer, who is an entrepreneur, does not accept individual or the entire delivery or partial deliveries, he shall be in default of acceptance without further reminder.

4.4 The remuneration owed by the customer is determined by the prices quoted by ECONLUX at the time the contract is concluded. VAT is already included in the prices quoted as the final price. Other price components are marked separately.

4.5 ECONLUX is entitled to make partial deliveries if this is reasonable for the customer in individual cases.

4.6 For deliveries up to a value of goods of 45 euros, the customer as a consumer shall pay a flat-rate shipping fee of 6.95 euros including VAT, unless otherwise stipulated in these terms and conditions. For deliveries of goods with a value of more than EUR 45, the seller does not charge a flat-rate shipping fee.

4.7 In the case of contracts with consumers, delivery to the shipping company takes place no later than two days after receipt of payment. Delivery takes place within the working days specified on the respective item detail page (Monday to Friday, excluding public holidays). When ordering several items, the latest delivery time of the items in the shopping cart is decisive for the calculation.

4.8 ECONLUX offers delivery to the following countries, unless otherwise specified in these terms and conditions:

a) Country group I: Belgium, Luxembourg, Netherlands, Austria
b) Country group II: Denmark, Liechtenstein, Czech Republic
c) Country group III: France, Monaco, Switzerland
d) Country group IV: Italy, Poland, Slovakia, Slovenia, Hungary
e) Country group V: Ireland, Portugal, Sweden, Spain, Estonia, Finland, Latvia, Lithuania, Croatia
f) Country group VI: Norway, Bulgaria
g) Country group VII: Bosnia & Herzegovina, Greece, Iceland

4.9 The shipping costs for deliveries abroad are as follows:
country group I: standard shipping: 10.90 euros
country group II: standard shipping: 12.90 euros
country group III: standard shipping: 13.90 euros
country group IV: standard shipping: 16.90 euros
country group V: Standard shipping: 21.90 euros
Country group VI: Standard shipping: 22.90 euros
Country group VII: Standard shipping: 49.90 euros

Additional delivery and shipping costs as well as delivery restrictions will be specified by ECONLUX in detail before the contract is concluded.

4.10 Unless otherwise agreed in individual cases, the following terms of payment shall apply:
ECONLUX shall send the customer an invoice for the contractual services provided. The customer is permitted to pay in advance by bank transfer or PayPal (info@econlux.de).

Registered commercial customers (entrepreneurs – see 1.2 sentence 3) are generally also entitled to pay by invoice.

In this case, the claims are due and payable upon invoicing, unless ECONLUX specifies a separate payment deadline in the invoice. If the customer does not make payment within 14 days of receipt of the invoice or within the payment period stated in the invoice, or if the customer does not make payment within another agreed payment period, the customer shall be in default without further reminder in accordance with Section 286 (2) No. 1 or 2 BGB, with the consequence that default interest shall be owed in accordance with Section 288 BGB.

If the customer defaults on its payment obligations, ECONLUX shall charge a reminder fee for each reminder (amounting to at least €3.00). ECONLUX reserves the right to claim further damages for default.

5. reservation of title

5.1 ECONLUX retains ownership of the delivered items until full payment has been made by the customer. If the customer is an entrepreneur (cf. 1.2 sentence 3), ECONLUX shall retain ownership of the item until all outstanding claims arising from the business relationship have been settled. If the realizable value of the securities exceeds the total claims to be secured by more than 20%, the customer is entitled to demand release to this extent.

5.2 In the event of seizures or other impairments of the reserved property/rights by third parties, the customer is obliged to inform ECONLUX immediately of the retention of title and the property/rights of ECONLUX. In addition, the customer is obliged to inform ECONLUX immediately, stating the facts of the case, and to inform ECONLUX in writing on request. Furthermore, the customer shall inform ECONLUX of the name of the third party or parties who are pursuing a seizure of property or claims or causing other impairments in such a way that ECONLUX is able to protect its legal interests vis-à-vis the third party. The customer shall bear the costs incurred in defending against such seizures.

5.3 The customer is obliged to treat the property of ECONLUX with care. The customer who is an entrepreneur (see 1.2 sentence 3) is obliged to adequately insure the purchased item at its own expense against theft, fire and water damage at replacement value. If maintenance and inspection work has to be carried out, the customer shall carry this out in good time at his own expense.

5.4 The customer, who is an entrepreneur, is entitled to resell the goods subject to retention of title in the normal course of business. The customer hereby assigns the claim arising from the resale of the goods subject to retention of title in the amount of the final invoice amount agreed with ECONLUX (including any VAT incurred). This assignment applies regardless of whether the purchased item has been resold without or after processing. The purchaser remains authorized to collect the claim even after the assignment. The authorization of ECONLUX to collect the claim itself remains unaffected by this. However, ECONLUX declares that it will not collect the claim as long as the customer meets its payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed and payments have not been suspended.

5.5 The processing and transformation or conversion of the purchased item by the customer is always carried out in the name of and on behalf of ECONLUX. In these cases, the customer’s expectant right to the transformed item shall continue. If the purchased item is processed with other items not owned by ECONLUX, ECONLUX shall acquire co-ownership of the new item in the ratio of the objective value of the purchased item to the other processed items at the time of processing. The same applies in the event of mixing. If the mixing is carried out in such a way that the customer’s item is to be regarded as the main item, it is agreed that the customer shall transfer proportionate co-ownership to us and keep the resulting sole ownership or co-ownership for ECONLUX. To secure ECONLUX’s claim against the customer, the customer shall also assign to ECONLUX any claims against a third party that accrue to the customer as a result of combining the reserved goods with real estate.

6 Delivery and warranty

6.1 If goods are delivered with obvious transport damage, ECONLUX asks the customer to complain about this to the deliverer as far as possible and to inform ECONLUX. Failure to make a complaint or contact ECONLUX has no consequences for the customer’s statutory warranty rights – with the exception that the customer is an entrepreneur (cf. 1.2 sentence 3 or Section 377 HGB); it nevertheless enables ECONLUX to assert claims against the carrier or the transport insurance company.

6.2 The warranty shall be governed by the statutory provisions unless ECONLUX grants a longer warranty for individual products.

6.3 Warranted characteristics or guarantees (in particular regarding quality and/or durability) are only those that are expressly designated as such. The customer shall be informed of their existence. The assurance shall apply at the longest until the expiry of the warranty period.

6.4 A special purpose of use or a special suitability for use shall only be deemed to have been agreed if an express written agreement has been reached between ECONLUX and the customer. An assurance of properties by ECONLUX must be made in writing. A mere reference to technical standards merely contains a more detailed description of the product and does not constitute an agreement on the suitability of the goods that goes beyond the usual possible uses.

6.5 As long as and insofar as a defect has been reported by the customer, the customer is not entitled to process the goods without the express consent of ECONLUX. Should further processing nevertheless take place, all claims arising as a result of further processing are excluded.

6.6 ECONLUX may demand compensation for expenses for the investigation and/or rectification of a defect in performance that does not actually exist or a defect in performance that is due to circumstances for which the customer is responsible

7 Technical changes

7.1 ECONLUX reserves the right to make technical changes to the products sold by ECONLUX that increase or improve their value and do not result in a functional restriction until delivery.

7.2 Unless expressly agreed otherwise, ECONLUX is entitled to determine technical performance characteristics or dimensions in deliveries in compliance with customary tolerance values. The inclusion of such customary tolerance values is deemed to be agreed.

8. technical specifications of the customer

8.1 As long as and insofar as the manufacture and/or delivery of the products ordered by the customer is based on information, such as technical specifications provided by the customer, ECONLUX is not obliged to check these technical specifications for correctness. ECONLUX is entitled to base the manufacture and delivery of the contractual products on technical information or product descriptions and product features provided to ECONLUX by the customer. Taking these as a basis does not constitute a breach of duty on the part of ECONLUX.

8.2 The products sold by ECONLUX comply with the specifications of the respective product data sheets. ECONLUX does not provide any further assurances and/or suitability for use.

9. liability

9.1 ECONLUX shall only be liable, irrespective of the legal grounds, for damages or reimbursement of futile expenses in full for damages suffered by the customer due to intentional or grossly negligent conduct, fraudulent concealment of a defect, in the event of the assumption of express guarantees and warranted characteristics of quality and/or durability, in the event of damage resulting from injury to life, limb or health, for claims arising from product liability and in the event of mandatory statutory provisions.

9.2 In the event of negligent breach of material contractual obligations (cardinal obligations), ECONLUX’s liability – notwithstanding the cases mentioned in 7.1 – is limited to the damage typical for the contract and reasonably foreseeable at the time of conclusion of the contract. Cardinal obligations are obligations whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the contractual partner may regularly rely.

9.3 Several loss events that have the same cause of loss are deemed to be one loss event (continuation of loss; unity of facts).

9.4 Otherwise, ECONLUX’s liability for property damage and financial loss is excluded. Where applicable, mandatory statutory liability regulations remain unaffected by this.

9.5 Insofar as ECONLUX’s liability towards the customer is limited or excluded, this shall apply accordingly to legal representatives, employees, freelancers and other vicarious agents of ECONLUX.

10. plea of uncertainty

10.1 ECONLUX is entitled to refuse performance if it becomes apparent after conclusion of the contract that ECONLUX’s claim to consideration is jeopardized by the customer’s inability to pay. This right to refuse performance does not apply if the consideration is paid or security is provided for it.

11 Confidentiality, secrecy, data protection and references

11.1 Confidential Information shall not be disclosed by the receiving Party to any third party without the prior written consent of the other Party, unless this is required by mandatory applicable legal frameworks or judicial or regulatory orders and the receiving Party has immediately informed the other Party in writing of the respective obligation or the Confidential Information is made available to the receiving Party’s advisors in connection with the interpretation or execution of the Contract Documents or a dispute arising therefrom and the advisor has previously undertaken in writing to the receiving Party to maintain confidentiality or is already professionally obliged to maintain confidentiality.

Confidential information of ECONLUX or documents and data created on behalf of ECONLUX must be destroyed or deleted by the customer after termination of the contract, unless this conflicts with statutory retention obligations. The customer shall confirm to ECONLUX within thirty (30) calendar days of termination of an individual contract that it has fulfilled the above obligations.

11.2 The customer and ECONLUX mutually undertake to treat all confidential information and business secrets of the other contracting party, which the other party makes accessible to the other party in the course of the initiation and performance of the contract, as confidential for an unlimited period of time and to use them only for the agreed purpose and to comply with the applicable provisions of data protection and data security.

11.3 Confidential information may not be processed by the customer by

• unauthorized access to, unauthorized appropriation or unauthorized copying of the information carriers containing the confidential information or from which the confidential information can be derived, or
• any other conduct which, under the circumstances, does not comply with the principle of good faith and fair market practice;
• observing, examining, disassembling or testing a product or object that has been made publicly available or is in the possession of the observer, examiner, disassembler or tester (prohibition of decryption).

11.4 The customer is aware that ECONLUX works together with financing partners/third parties. The contractual data may therefore be used by the financing partners for specific purposes (including to obtain creditworthiness information). The customer can obtain a self-disclosure from the credit agencies about their data stored there. The addresses and contact details of the credit agencies will be made available to the customer on request.

11.5 ECONLUX expressly draws the customer’s attention to the fact that data protection for data transmissions in open networks, such as the Internet, cannot be fully guaranteed according to the current state of the art. The customer is aware that ECONLUX may be able to view the customer’s data at any time from a technical perspective. Third parties may also be technically able to intervene in the network security without authorization and view the data traffic. The customer is fully responsible for the security and backup of the stored data, unless ECONLUX has taken over these services for the customer.

11.6 If the customer collects, processes or uses personal data, it shall be responsible for ensuring that this is done in accordance with data protection legislation and shall indemnify ECONLUX against third-party claims in the event of a breach.

11.7 The customer grants ECONLUX a revocable right, unlimited in time, to state the name and company logo of the customer and a brief description of the contractual relationship as a reference object and in compliance with confidentiality/data protection in any publications (in particular brochures and websites) of ECONLUX.

12 Intellectual property

12.1 As long as and insofar as ECONLUX has provided the customer with drawings, samples, models or similar or such have been produced according to the customer’s specifications, ECONLUX shall be regarded as the author.

12.2 As long as and insofar as models, sketches, planning documents or similar are provided to ECONLUX by the customer, the customer warrants with the handover that it is the author or has the rights necessary for the transfer. As long as and insofar as claims are nevertheless asserted against ECONLUX by third parties due to an infringement of an industrial property right or copyright, the customer undertakes to indemnify ECONLUX against all claims. In such a case, the customer also undertakes to reimburse ECONLUX for all costs and damages incurred as a result of the third party’s claim based on an allegedly infringed property right. This includes in particular, but is not limited to, the costs incurred by ECONLUX for legal defense.

13. final provisions

13.1 Amendments or additions to the terms and conditions must be made in writing. If ECONLUX does not insist on full and/or partial compliance with or fulfillment of any of the terms or provisions of these GTC and the supplementary provisions, this shall not be construed as an acknowledgement of the act of infringement or a waiver of future application of the relevant term, provision, option, right or remedy.

13.2 The customer may only offset ECONLUX’s remuneration claims against claims that have been legally established or expressly recognized by ECONLUX in writing.

13.3 The customer is only entitled to exercise a right of retention insofar as a counterclaim arises from the same contractual relationship. In addition, the exercise of a right of retention is only possible with claims that have been legally established or expressly recognized in writing by ECONLUX.

13.4 The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis ECONLUX is excluded without the consent of ECONLUX.

13.5 The law of the Federal Republic of Germany shall apply exclusively to the exclusion of private international law (in particular the United Nations Convention on Contracts for the International Sale of Goods, CISG or conflict of laws, IPR).

The place of performance (as well as the place of jurisdiction in the event that the customer is an entrepreneur pursuant to 1.2 sentence 3, a legal entity under public law or a special fund under public law) for all disputes arising from or in connection with this contract is the registered office of ECONLUX. ECONLUX is also entitled to sue the customer at its general place of jurisdiction. Any exclusive place of jurisdiction shall remain unaffected.

13.6 The invalidity, unenforceability or ineffectiveness of individual provisions of the Terms and Conditions, even if these are subsequently included or regulated in an addendum, shall not affect the validity of the remaining provisions. In place of the invalid, void or unenforceable provision, a provision shall be deemed to have been agreed which, as far as legally possible, comes as close as possible to the economic intent of the invalid, void or unenforceable provision. The same applies to unintentional loopholes; in such a case, a condition is deemed to have been agreed that comes closest to what would have been regulated according to the meaning and purpose of this contract if the parties had known of the loophole; or if a condition is ineffective with regard to a period of time or a specified behavior.