Conditions of Use

Date: 06.04.2017

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§ 1 Fundamental provisions

The following terms and conditions shall apply to all contracts between

Lindner Intertrade GmbH, An der Schwimmhalle 12,
09337 Hohenstein-Ernstthal
General Manager: Thomas Lindner
(hereinafter: Lindner Intertrade GmbH)

and the customers, which are concluded via the website of the provider:

• lindner-shop.de
• www.lindner-socks.com
• www.lindner-socks.at
• www.lindner-socks.co.uk oder
• www.diashop-lindner.de

The following General Terms and Conditions in force at the time of the order shall apply exclusively. Any contradictory or divergent conditions of the business partner shall not apply, unless Lindner Intertrade GmbH has expressly accepted their validity in writing. The following provisions shall also apply in the event that Lindner Intertrade GmbH, being aware of any of the purchaser’s conditions which are contradictory to or which deviate from the following provisions, performs the service to the purchaser without any reservation.

Customers within the meaning of the following provisions also include consumers according to § 13 German Civil Code, i.e. natural persons concluding a legal transaction for a purpose neither attributable to their commercial activity, nor to their independent professional activity.

„Trade customers“ within the meaning of the terms and conditions are both natural and legal persons or business partnerships with legal capacity, acting in the execution of their independent professional or commercial activity when concluding a legal transaction, § 14 German Civil Code.

The contract language is German. Other languages cannot be taken as the basis for the conclusion of the contract.

The text of the contract is stored at the provider. However, the storage is limited in time. Therefore, the customer shall organise a printout or a separate storage. You will receive a copy of the current state of the GTC as pdf together with the order confirmation.

These GTC shall only apply to contracts which are concluded by exclusively using means of telecommunication within the scope of a distribution system organised for distance selling, § 312 b German Civil Code.

§ 2 Subject matter of the contract

The subject matter of the contract is the sale of goods. The details, in particular the essential characteristics of the goods are specified in the article description and the supplementary information on the provider’s website. The photographs included for concrete presentation of goods only constitute examples for illustration. Please note that depending on the quality of the media available to the customer and the screen setting chosen by the customer, the presentation of the illustrated products might vary. The respective article description is decisive.

§ 3 Conclusion of the contract

1.
The product presentation is used for the submission of a bid; it is a non-binding request to order the products offered.

2.
A binding request for the purchase at Lindner Intertrade GmbH is given by the customer, if he places an order after having accepted these GTC and if he accepts these GTC by a mouse click and when the order is sent to Lindner Intertrade GmbH by e-mail.

In case of acceptance of this offer, we send you an order confirmation by e-mail.

The acceptance of these General Terms and Conditions is the precondition for purchase.

The order is realised in the following steps:

1. Selection of the desired goods
2. Insertion of the article into the shopping cart by clicking on the button „Add to shopping cart“
3. Verification of the information in the shopping cart
4. Pressing the button „Checkout“
5. Login to the online shop after optional registration and entry of the customer data name, address, e-mail, phone number and, in case of registration, password.
6. Indication of the order data (delivery and invoice address, shipping method, payment method)
7. Repeated verification/correction of the entered data
8. Binding dispatch of the order liable for payment by clicking on the button „Buy“.

By pressing the “Back” button of the Internet browser used by the consumer after having checked its data, the consumer has the possibility to return to the website on which the customer data are captured and to correct input errors or to cancel the ordering process by closing the Internet browser before the binding dispatch of the order. We will confirm the receipt of the order immediately by sending you an automatically generated e-mail (“Order confirmation”). With this confirmation, we accept your offer.

3.
The conclusion of the contract is subject to the availability of the goods. In the event that it turns out that the goods are not available, Lindner Intertrade GmbH immediately informs you thereof in the order confirmation. If the goods cannot be delivered within the foreseeable future, no contract shall be concluded. If the goods are only temporarily not available, you will be immediately informed hereof as well. In case of a delivery delay of more than 2 weeks, the customer is entitled to withdraw from the contract. In this case, any consideration already paid by the customer will be refunded by Lindner Intertrade GmbH.

4.
Lindner Intertrade GmbH expressly reserves the right for technical changes, printing errors and price changes. In the event that our order confirmation contains clerical or printing errors or if our pricing is subject to technical transmission errors, we have the right to contest, in which case we are obliged to prove our error to you. Payments already made will be immediately refunded to you. All offers are non-binding at any time.

§ 5 Return charges when exercising the right of revocation

In the event that you make use of your legal right of revocation (see revocation instructions), you shall be obliged to bear the regular return charges, provided that the delivered goods correspond to the ordered ones and the price of the item to be sent back does not exceed 40.00 € or, in case of a higher price of the item, you have not paid the consideration or made a contractually agreed partial performance at the time of revocation. Otherwise, the return is free of charge for you.

§ 6 Shipping costs, delivery, transfer of risk

delivery target	shipping costs	free shipping from
within Germany and to Holland / Netherlands	5,00 €	25,00 €
to Luxembourg	8,00 €	50,00 €
to - Austria - Italy - France	9,00 €	50,00 €
to Great Britain	15,00 €	50,00 €
to - Slovenia - Finland	30,00 €	100,00 €

On collection, no shipping costs will be charged.

The shipping costs for retailers are charged depending on the weight of the goods ordered using the following price lists:

Dispatch within Germany for retailers:

Weight in kg	Transfer price
up to 3,0	5,00 €
up to 5,0	5,40 €
up to 10,0	6,70 €
up to 15,0	7,50 €
up to 20,0	9,30 €
up to 25,0	11,20 €
up to 31,5	13,20 €

Dispatch to France and Luxembourg for retailers:

Weight in kg	Transfer price
up to 3,0	11,75 €
up to 5,0	12,42 €
up to 10,0	15,14 €
up to 15,0	17,10 €
up to 20,0	18,41 €
up to 25,0	20,31 €
up to 31,5	22,28 €

Dispatch to Austria for retailers:

Weight in kg	Transfer price
up to 3	8,78 €
up to 5	9,02 €
up to 10,0	11,39 €
up to 15,0	13,78 €
up to 20,0	15,33 €
up to 25,0	17,85 €
up to 31,5	20,23 €

Dispatch to Great Britain and to Italy for retailers:

Weight in kg	Transfer price
up to 3	14,65 €
up to 5	15,27 €
up to 10,0	17,96 €
up to 15,0	19,94 €
up to 20,0	21,22 €
up to 25,0	23,13 €
up to 31,5	25,04 €

Dispatch to Slovenia and Finland for retailers:

Weight in kg	Transfer price
up to 3	21,75 €
up to 5	22,51 €
up to 10,0	25,90 €
up to 15,0	27,57 €
up to 20,0	30,21 €
up to 25,0	32,00 €
up to 31,5	35,45 €

6.2
International delivery is made with DPD or Deutsche Post to the delivery address specified by the customer. Please note that in case of deliveries to parcel stations, an automated booth with a compartment reserved for you must be available. When indicating the delivery address, please specify the parcel station and the corresponding post number.

6.3
Lindner Intertrade GmbH reserves the right to make partial deliveries, provided that a total delivery is not possible. No additional costs are incurred by the customer.

6.4
As a basic principle, delivery is only made within Germany, Austria and Great Britain.

6.5
Delivery is made within the delivery time expressly agreed or specified within the concrete goods presentation. In the event that no delivery times are expressly agreed or specified within the scope of the concrete goods presentation, delivery shall be made within 4 business days after the receipt of payment. For the dispatch to other countries (Austria and Great Britain), the deliverer usually needs 2 more business days.

6.6
Deliveries to consumers within the meaning of § 13 German Civil Code (§ 1 of these GTC) are exclusively made at the cost of the customer. Deliveries to trade customers within the meaning of § 14 German Civil Code (cf. § 1 of these GTC) are exclusively made at the cost and risk of the customer.

6.7
The risk shall not be transferred to the purchaser until the handover of the goods. The same applies if the purchaser is in default in accepting the delivery.

6.8
For deliveries to trade customers according to § 14 German Civil Code (cf. § 1 of these GTC), the risk of accidental perishing, loss and/or the deterioration of the item shall be transferred to the trade customer upon dispatch of the goods to the person designated for the execution of dispatch. The same applies to the risk of delayed delivery.

§ 7 Payment terms

7.1
The indicated prices include the statutory value added tax (currently 19 %) and are specified in Euros. With the exception of subparagraph 6.1., no further price components arise for deliveries in Germany.

7.2
The indicated prices do not include any shipping and packing costs. You will receive details on shipping and packing costs within the scope of the concrete goods presentation or in § 6 “Shipping costs, delivery, transfer or risk”. These costs are charged to the customer in addition, unless otherwise agreed or resulting from the applicable legal provisions.

7.3
The purchaser only accepts the payment methods indicated within the scope of the concrete goods presentation, namely:

• Advance payment (bank transfer)
• PayPal
• Credit card via PayPal (no PayPal account required)
• Invoice (only for retailers)

7.4
The payment of the purchase price is due without deduction immediately after the conclusion of the contract.

7.5
In the event that the customer is in default of payment, Lindner Intertrade GmbH is entitled to charge default interest as follows:

• for consumers 5 % above the respective base rate
• for trade customers 8 % above the respective base rate.

Lindner Intertrade GmbH reserves the right to furnish proof of the development of a higher damage in particular cases and to claim damages.

§ 8 Retention of title

The delivered goods remain the property of Lindner Intertrade GmbH until payment is made in full.

The customer is obliged to notify Lindner Intertrade GmbH immediately of any change of residence, as long as there are still outstanding payment obligations owed to Lindner Intertrade GmbH.

§ 9 Compensation/right of retention

The customer shall only have a right for compensation if and when its counterclaims were determined without further legal recourse or if and when they are undisputed or were accepted by us in writing.

The customer may only assert rights of retention if and when its counterclaim is based on the same contractual relationship with Lindner Intertrade GmbH.

§ 10 Warranty

10.1
Warranty is provided in accordance with the legal provisions (§§ 437 et sqq.). For all defects occurring during the legal warranty period of 2 years from delivery, the customer has the legal right of rectification (at your choice: elimination of the defect or new delivery) and if the legal requirements are met, the customer also has the legal rights of reduction or withdrawal from the contract as well as compensation for damages.

Lindner Intertrade GmbH does not assume any warranty for damages and defects resulting from improper use, operation and storage.

In the event that the inspection of the defective goods shows that the defect was caused by the customer’s fault, the customer will be notified thereof in writing. If the customer then insists on rectification, he shall bear the costs thereof. If no order for rectification is placed, the costs for troubleshooting and fault diagnosis are charged to the customer.

10.2
If the purchaser is a trade customer, he has to inspect the goods immediately after the delivery by the seller, insofar as this is feasible according to proper business routines. If he detects a defect, the purchaser shall immediately notify the seller thereof. The burden of proof for the compliance with the deadline of the inspection and timely notification lies with the trade customer. In the event that the trade customer fails to inspect the goods or to give notice of defects in a timely manner, the goods are deemed to have been accepted, unless the defect was not recognisable during inspection.

In this case, notification must be given immediately after detection; otherwise the goods are deemed to have been accepted also in view of such defect.

In order to preserve the rights of the purchaser, a timely dispatch of the notification is sufficient.

10.3
The assignment of claims for defects against Lindner Intertrade GmbH shall be excluded.

§ 11 Liability

11.1
The liability for slightly negligent breach of duty shall be excluded, provided that it does not concern any significant contractual duties, damages resulting from the injury of life, limb or health or any warranties and provided that no claims under the Product Liability Act are affected. The same applies for breaches of duty by personally liable employees, legal representatives and performing agents. The same applies for other damages. Apart from that, the legal provisions of §§ 307 section 1, section 2 No. 2, 309 No. 7 German Civil Code shall apply.

11.2
According to the current state of the art, the accuracy and/or permanent availability of the data communication via Internet cannot be guaranteed. Insofar, the provider shall be neither liable for the permanent / uninterrupted availability, nor the error-free functioning of the website.

11.3
The liability under the Product Liability Act shall remain unaffected.

§ 12 Transport damages

12.1
In the event that the customer detects damages to the packaging after receipt of the goods, he shall be obliged to have them confirmed in writing by the transport company or the carrier when accepting the goods. Lindner Intertrade GmbH must be notified in writing, i.e. by mail, fax or e-mail of transport damages which cannot be detected before the unpacking of the goods immediately after receipt and removal of the packaging.

12.2
For consumers, the legal regulations of § 476 German Civil Code shall remain unaffected.

12.3
For trade customers, the regulation in § 6.8 of these GTC shall apply.

§ 13 Data protection

§ 13.1 Collection, processing and use of personal data

Lindner Intertrade GmbH takes the protection of your personal data very seriously and strictly adheres to the rules of the data protection laws. Personal data is only collected if you provide it to us voluntarily within the scope of your goods order, when opening a customer account or when registering for our newsletter. Without your express permission, we use the data that you provided to us exclusively for the fulfilment and the processing of your order. Once the order has been completely processed and the purchase price fully paid, your data will be blocked against further use and will be deleted after the expiry of the regulations according to tax law and commercial law, unless you have expressly accepted the further use of your data. When registering for the newsletter, your e-mail address will be used for own promotional purposes, provided that you have given your permission, until you unsubscribe from the newsletter.

You are entitled to revoke your permission at any time with effect for the future.

§ 13.2 Disclosure of data, credit assessment

The storage and use of data necessary for business purposes is conducted in accordance with the guidelines of § 28 BDSG (Federal Data Protection Act). Personal data is treated as confidential. The data is only disclosed to the company charged with the order processing. In the event that we make advance concessions, we will obtain, if necessary, a credit check from SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, in order to protect our legitimate interests. Your interests worth being protected are taken into account in accordance with the legal provisions.

With the conclusion of the contract, you agree to the collection, processing and use of your personal data according to the above-mentioned information.

Your data will not be passed on to third parties.

The following explanation will provide you with an overview on how we will guarantee this protection and which kind of data will be collected for which purpose.

§ 13.3 Data processing on this website

Lindner Intertrade GmbH automatically collects and stores information in its server lock files, which your browser sends to us. These are:

• Browser type / version
• Used operating system
• Referrer URL (the previously visited site)
• Hostname of the accessing computer (IP address)
• Time of the server request.

We are not able to assign this data to specific persons. None of this data will be merged with other data sources; moreover, the data is deleted after a statistical evaluation has been conducted.

§ 13.4 Cookies

The web pages use so-called cookies in several places. They help to make our service user-friendly, efficient and secure. Cookies are small text files which are stored on your computer by your browser. Most cookies we use are so-called session cookies which are automatically deleted at the end of your visit.

§ 13.5 Use of Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so-called “cookies” – text files stored on your computer and allowing to analyse your use of the website. The information about your use of this website created by the cookie is usually transmitted to a server of Google to the USA, where it is stored. In the event that the IP anonymisation on this website is activated, your IP address will be shortened by Google beforehand within the European Union and in other contracting states of the Treaty on the European Economic Area. On behalf of the operator of this website, Google will use this information in order to evaluate your use of the website in order to create the reports about the website activities and in order to perform other services for the operator of the website related to the use of the website and of the Internet. The IP address transmitted by your browser within the scope of Google Analytics will not be merged with other data of Google. It is possible to prevent the storage of the cookies by setting your browser software correspondingly. However, please note that in this case you might not be able to use all functions of this website to the full extent. Furthermore, you are able to prevent the collection of the data created by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in provided under the following link (http://tools.google.com/dlpage/gaoptout?hl=de).

§ 13.6 Revocation of permissions

You may have expressly given the following permissions in the course of the ordering process. Please note that you are entitled to revoke your permission at any time with effect for the future.

E-Mail:

• I would like to order the newsletter.
• I would like to unsubscribe from the newsletter.

§ 13.7 Right of access - change - deletion

You have the right to consult your personal data, their origin and the recipient as well as the purpose of the storage free of charge and at any time. In the event that you may wish to change, block or delete your data, you have the right to send your revocation at any time to

Lindner Intertrade GmbH, Goldbachstraße 13, 09337 Hohenstein-Ernstthal,

Mr. Thomas Lindner will be glad to provide you with information about the data stored.

§ 13.8 Further information

As your trust is very important to us, we would like to be at your disposal at any time for any questions you may have about the processing of your personal data. In the event that you may have questions that could not be clarified by this data privacy statement or if you wish to obtain more detailed information, please do not hesitate to consult Mr. Thomas Lindner at any time.

You have the possibility to consult, change and delete the content of this instruction in printable form at any time at http://lindner-shop.de/agb_en.pdf.

§ 14 Disclaimer for third-party links

14.1
The contents of our web pages are created by us with the greatest care and are constantly revised. As service provider within the meaning of § 7 section 1 TMG (German Act for Telemedia Services), Lindner Intertrade GmbH is responsible for its own contents on these pages in accordance with the general laws. In accordance with §§ 8-10 TMG, no liability for contents can be assumed if Lindner Intertrade GmbH is not aware of a specific infringement. If Lindner Intertrade GmbH becomes aware of information about unlawful acts, this information is immediately deleted and the access to it is blocked (§ 10 TMG).

14.2
In the event of an involuntary infringement of copyrights, the corresponding object will be removed from the site immediately after notification.

14.3
Furthermore, Lindner Intertrade GmbH shall not assume any liability for the contents of third-party websites providing access to the website of Lindner Intertrade GmbH via hyperlink. Likewise, Lindner Intertrade GmbH shall not assume any liability for indirect or direct damages that might result from the use of information provided by Lindner Intertrade GmbH. It is expressly pointed out that the contents of the linked pages are not continuously examined. At the time of linking, neither illegal contents nor other possible statutory violations were ascertainable. Lindner Intertrade GmbH expressly distances from any illegal contents on the linked pages.

§ 15 Place of jurisdiction, place of fulfilment

15.1
For trade customers, the place of fulfilment and the exclusive place of jurisdiction for deliveries and payments and any disputes that might arise between the contractual partners is the place of business of the seller, i.e. of Lindner Intertrade GmbH.

15.2
For consumers, the legal regulations, in particular the place of performance, shall apply.

15.3
The relations between the contracting parties shall be governed by the applicable law of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods. For contracts with a purpose which cannot be allocated to the professional or commercial activity of the beneficiary (contract with consumers), this choice of law shall only apply if and when the protection granted will not be deprived by compulsory regulations of the state in which the consumer has its habitual residence.

§ 16 Miscellaneous

Should any of the provisions of these General Terms and Conditions should be ineffective in whole or in part at present or in the future, this shall not affect the validity of the other provisions. The ineffective provision will be replaced by the applicable legal provision.

Lindner Intertrade GmbH