Terms and Conditions (T&C) of LUMINARD
1. Scope
These Terms and Conditions (T&C) apply to all business relationships between LUMINARD (hereinafter referred to as “LUMINARD”) and its customers. LUMINARD’s offer is exclusively directed at entrepreneurs within the meaning of Section 14 of the German Civil Code (B2B). Sales to consumers are excluded.
2. Subject of the Contract
LUMINARD offers custom-made illuminated valances for awnings and other LED-lit marketing products, which are individually crafted according to the customer’s specifications. All products are custom-made based on the customer’s requirements.
3. Conclusion of Contract
A contract is concluded when the customer submits a binding order to LUMINARD, and LUMINARD confirms the order in writing. The contract is exclusively based on these T&C. Deviating terms and conditions from the customer will not be accepted.
4. Prices and Payment Terms
4.1 Prices
All prices are exclusive of the applicable VAT and any shipping costs that may apply.
4.2 Payment Terms
Payment is made in two installments:
50% of the total amount is due upon placing the order.
The remaining 50% is due no later than 7 days after delivery.
Payments must be made via bank transfer to the account specified by LUMINARD. Other payment methods are only accepted upon prior agreement.
Â
5. Delivery
5.1 Delivery Time
The delivery time is agreed upon individually. LUMINARD strives to meet the agreed delivery dates. Delays due to force majeure or unforeseen events entitle LUMINARD to extend the delivery period accordingly.
5.2 Delivery Area
LUMINARD delivers worldwide. Any customs duties, import taxes, or other fees in the destination country are borne by the customer.
Â
6. Retention of Title
The delivered products remain the property of LUMINARD until the purchase price has been paid in full.
Â
7. Right of Withdrawal
The right of withdrawal is excluded, as the products delivered by LUMINARD are custom-made according to the customer’s specifications and tailored to their personal needs (Section 312g para. 2 no. 1 BGB).
Â
8. Liability
8.1 Limitation of Liability
LUMINARD is only liable for damages caused by intentional or grossly negligent behavior. Liability for slight negligence is excluded, except in cases of breach of essential contractual obligations. In such cases, liability is limited to foreseeable, typically occurring damages.
8.2 Warranty Exclusion
LUMINARD provides statutory warranty claims for the delivered products.
Â
9. Defects Notification and Warranty
The customer is obliged to inspect the goods immediately upon receipt and report any defects in writing within 5 working days. Otherwise, the goods are considered accepted.
Â
10. Data Protection
LUMINARD processes personal data of the customer exclusively for the purpose of contract execution. Further information can be found in the privacy policy.
Â
11. Marketing
LUMINARD is authorized to take photos or videos during the production process or of the finished product and use them for marketing purposes, such as on the website, social media, or promotional materials. If the customer disagrees with the use of these photos, they must object in writing.
Â
12. Consumer Dispute Resolution
LUMINARD is not willing or obliged to participate in dispute resolution procedures before a consumer arbitration board.
Â
13. Final Provisions
13.1 Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
13.2 Place of Jurisdiction
The place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of LUMINARD, provided that the customer is a merchant within the meaning of the German Commercial Code (HGB).
13.3 Severability Clause
Should individual provisions of these T&C be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision will be replaced by a legally permissible regulation that comes closest to the economic purpose of the invalid provision.
Â
State: Januar 2025
