General terms and conditions of business

1. Scope

These General Terms and Conditions (GTC) apply to all contracts, deliveries, and other services between Lobitz & Schell GbR, Blücherstr. 8a, 44532 Lünen, Germany ("Company") and its customers ("Customer"), unless expressly agreed otherwise in writing.

2. Conclusion of contract

  1. The company’s offers are subject to change and non-binding.
  2. A contract is only concluded with written order confirmation or with delivery of the goods.
  3. The company reserves the right to refuse orders without giving reasons.

3. Prices and payment terms

  1. All prices include VAT unless otherwise stated.
  2. Payments are due immediately upon receipt of the invoice without deduction, unless otherwise agreed in writing.
  3. The company reserves the right to request advance payment or other payment methods, particularly for new customers or higher order values.
  4. In case of late payment, statutory default interest and, if applicable, reminder fees apply.

4. Delivery and shipping

  1. Delivery dates are only non-binding unless expressly confirmed to the customer in writing.
  2. The company is entitled to make partial deliveries as long as this is reasonable for the customer.
  3. Shipping risk is borne by the customer.

5. Retention of title

  1. Delivered goods remain the property of Lobitz & Schell GbR until full payment has been made.
  2. The customer is obliged to treat the reserved goods with care and to protect them from access by third parties.

6. Warranty and Liability

  1. The warranty is governed by the statutory provisions unless expressly provided otherwise in these Terms and Conditions.
  2. The company is only liable for intent and gross negligence, in particular not for indirect damages or lost profits.
  3. Complaints must be made in writing within 7 days of delivery.
  4. Warranty is only granted for unused goods.

7. Return / Cancellation

  1. Goods will only be accepted back with the company's prior written consent .
  2. The company may refuse returns or charge for them at its sole discretion.
  3. Custom-made items (e.g., tailor-made benches, special upholstery, ActiveGel inserts) are excluded from the right of return and cancellation, as they are custom-made products.
  4. For customers who are consumers within the meaning of the German Civil Code (BGB), the statutory right of withdrawal applies only to standard goods, but not to custom-made products.

8. Changes to the scope of services

  1. The company reserves the right to make technical or design changes that do not significantly affect the purpose of the contract.
  2. Price or service adjustments for repeat orders are permitted if necessary.

9. Data protection

  1. The company collects, processes and uses personal data exclusively for contract processing and in accordance with the General Data Protection Regulation (GDPR).
  2. Data will only be passed on to third parties if this is necessary to fulfil the contract.

10. Final provisions

  1. The place of performance and jurisdiction is, to the extent permitted by law, Lünen, Germany.
  2. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  3. Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.