Terms and Conditions (GTC)

As of 11.2016

1. Liability

Our terms of payment and delivery serve as the conditions of our contract. Other conditions will not apply, even if we do not expressly object. Deviations are only valid if they are expressly confirmed by us, in writing. Verbally agreed upon terms and conditions – in person, by telephone or made by representatives – become valid only after they are confirmed by the seller in writing.

2. Offers

Our offers with regard to price, quantity, availability, and delivery time are without obligation. All orders, agreements, amendments, modifications and supplementary agreements that are agreed upon verbally, by telephone, telefax or email are only valid when they have been confirmed in writing by us.

Samples are indicative of the quality of the goods that will be delivered but they indicate only the general nature of the goods, and not their individual properties. We reserve the right to make technically or functionally necessary changes to the goods. Minor deviations in quality and design, and tolerances in the dimensions that are inevitable during production and processing, do not give the buyer any right to reject the goods.

3. Prices

The prices shown are net prices in EURO (EUR / €). Value Added Tax will be added to this amount. Final calculation of the invoice will be based on the valid prices on the date of shipping.

Unless otherwise agreed in writing, all our prices are Ex Works Neuhaus. The shipping art and method is our decision, unless the buyer specifically requests otherwise. If the buyer chooses the shipping method, they are responsible for all potential resulting additional costs. For the selection of the most cost-effective method of shipment, we assume no liability. If the customer exercises their right of return, they must bear the costs of the return if the items delivered correspond to those which were ordered and if the cost of the item(s) to be returned does not exceed the amount of 40 Euro.

Goods cannot be exchanged, legal provisions are not affected. For custom orders, the seller reserves the right to ship up to 10% more or less than the ordered quantity. For foreign transactions, the buyer bears all applicable transfer fees and exchange fees.

4. Customer information requirements relating to contracts arising from online shopping.

(according to § 312e paragraph 1, sentence 1, No. 2, German Civil Code)

With online shopping, a purchase contract is the result of the taking the following technical steps in the following order:
– Select the product and load it into the shopping cart by clicking the mouse
– Confirm or correct the shipping address, method of payment and shipping method.
– A listing of:
* Billing and shipping address
* All positions of the shopping cart with the pertinent product details
* Input of potential explanatory text by the customer
* Acceptance of the Terms and Conditions (GTC) with a mouse click

After each selection, the current cart items are displayed with pertinent product details. Input errors can be immediately detected and corrected using keystroke and mouse click. (according to § 312e paragraph 1 sentence 1 No. 1 German Civil Code)

Your order is first submitted to us when you click on the button “Order with an obligation to pay” (“zahlungspflichtig bestellen”). This step is necessary in order for us to create a sales contract (see section II)

The data of the contract, the processing status and processing information are stored by Dr. Gerhard Kloz GmbH. Registered customers can access this information using their customer number and password to view their order status.

The contract is concluded only in the German language.

These Terms and Conditions are always available online or as a print out. Upon request, we can send you the Terms and Conditions in the form you require.

5. Terms of payment

The invoice will take effect on the date of delivery or the date of attempted delivery and rejection of the goods. The invoice amount on our order confirmation or proforma invoice should be paid as an advance payment, and the buyer will receive a 5% discount. As soon as the invoiced amount has been credited to our account, we will ship the goods to the buyer. Payments for orders within Germany, will always include the VAT.

6. Rights

Should custom products be manufactured according to the specifications of the customer, it is the customer’s responsibility to ensure that no intellectual rights of third parties are infringed upon. The customer is liable for any and all damages arising from the enforcement of intellectual property rights.

7. Delivery time

All delivery dates in our offers are approximate and non-binding. We try our very best to deliver the goods as soon as possible. If delays occur however, as a result of Force Majeure or late delivery by our suppliers, we reserve the right to extend the delivery time or cancel the contract, but only in cases where no damages to the seller arise. The customer can only withdraw from the contract when we are in default due to our own failings, and not those of our suppliers, and are again unable to deliver the goods after the Buyer has proposed a reasonable extension in writing.

8. Transfer of Risk

Delivery of the goods is at the risk of the buyer. This risk of accidental loss or damage to the goods passes to the buyer as soon as the goods have left the factory. This includes partial shipments, and also applies even if we have offered additional services such as shipping, import or export.

9. Warranty

The warranty period for all claims is 1(one) year from date of delivery. Deviations from this year long warranty period occur when the customer is also the user, according to § 13 of the German Civil Code, according to that legal requirement.

10. Complaints

In the case of incomplete or incorrect deliveries or complaints due to immediately visible defects, the customer must notify us in writing within 8 working days of receiving the goods. Should any other defects be discovered later, the customer is required to notify us in writing immediately upon discovery. Failure to notify us in a timely manner will void all warranty claims. In the case of visible transport damage, the customer must notify their parcel service and notify us that they have done so immediately. In the case of a legitimate complaint, the customer can only request a replacement. If no agreement can be reached to replace the goods, the customer can terminate the contract, or request a reduction to the purchase price. Further compensation claims of the customer are excluded. Rejected goods can only be returned with our express permission.

11. Return and cancellation

Due to the legal right of withdrawal of non-commercial customers as opposed to commercial customers, the non-commercial customer has different rights than the commercial customer. The non-commercial customer has the right to cancel the goods in writing within 14 days of receiving the goods, without reason. The period begins with receipt of the notice of the right of cancellation. The customer’s cancellation must be sent to the seller within 14 days to the address below. If the goods themselves are returned within the 14 day period that is also sufficient to act as notice of cancellation.

Dr. Gerhard Kloz GmbH
Eisfelder Str. 35
D-98724 Neuhaus / Rwg.
Fax 03679/720079
Email: info@lyphan.de

Return and Cancellation Consequences

In the event of a cancellation we will refund the buyer upon receipt of the goods, the value of the returned goods. We expressly point out that the shipping costs are NOT refundable (this does not affect the return costs, see next paragraph)! The buyer can return the goods received in whole or in part. However, if they are returned in a deteriorated condition, he must pay us compensation for the value of the damage. The buyer can avoid having to pay damages by not using the goods at all, and avoiding any activity that would damage them or reduce their worth in any way.

In the case of a cancellation, the buyer is responsible for returning the goods when they can be shipped using a package shipping service.

For shipments with a value of more than 40 Euro, the seller bears the costs and liability of the shipment. For shipments with a worth of less than 40 Euro, the buyer must bear the full cost and liability of the return shipment. In both cases, the buyer pays for the return shipping first, and then is refunded the money through the shipping service, when it’s a case of goods over the 40 Euro limit, and the seller is required to pay the costs. Returns that do not fall under the Return and cancellation rules require our consent. A return fee of 20% of the purchase price would be retained by the seller, and the customer is responsible for the all transport and shipping fees.

12. Packaging services

Packaging material is not returnable unless it is otherwise agreed upon.

Notice of participation in the return system of Landbell AG
With regards to the packaging that we use for our goods for the end consumer, we have decided to fulfill our legal requirements by complying with the rules that are set forth in § 6 VerpackV (recycling packaging rules) of the nationally active firm Landbell AG, Mainz. (Customer number 4143766) For more information visit the website of Landbell AG.

13. Technical advice, use, processing and instructions

The accompanying instructions from the seller, verbally, in writing and through practical application, are according to our best knowledge, and are however without warranty. They do not release the buyer from the obligation to test and validate the products supplied by the seller as to their suitability for the intended processes and uses. The application, use and processing of the products are beyond the control of the seller and are therefore, the sole responsibility of the purchaser. The accompanying product descriptions, warnings and package inserts should be observed. Any unauthorized modification of the described method of use, and/or modification of the product or the reference material, is at the customer’s own risk.

14. Performance and jurisdiction

The court of the Federal Republic of Germany, the location of the seller is the only authority for settling claims. In addition, the seller has the right to make claims to the court at the location of the buyer. Location for performance of shipment and payment of the purchased item is the location of the seller. The laws of the Federal Republic of Germany are the only laws that will apply. International purchase laws are excluded and invalid. Trade terms shall be interpreted according to current Incoterms (International Commercial Terms).

All costs, taxes and fees associated with the purchase agreement will be paid by the buyer. Should individual provisions of this contract or the General Terms and Conditions become invalid, the remaining provisions will remain valid and in effect.

Should a provision become invalid, both parties will then work to replace the invalid provision with a mutually agreeable solution that serves the commercial interest of both parties.