Terms and Conditions for Consumers of Lehm-Laden GmbH & Co. KG

1. Scope

These Terms and Conditions apply to all deliveries and services provided by Lehm-Laden GmbH & Co. KG to consumers within the meaning of Section 13 of the German Civil Code (BGB). Deviating terms and conditions shall only apply if expressly accepted in writing. These Terms and Conditions shall also apply to future orders.

2. Conclusion of Contract

A contract is concluded through our order confirmation or the delivery of goods. Offers in the online shop are non-binding. For quotes issued via Odoo, the contract is concluded when the customer accepts the offer using the confirmation function provided in Odoo.

3. Prices and Payment Terms

All prices include statutory VAT and are subject to additional shipping costs. Payment can be made in advance, via third-party payment providers (e.g., PayPal), or on invoice. The terms and conditions of the respective payment service providers apply. When using PayPal, their terms of use apply
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full ).

Documents such as order confirmations and invoices may be sent electronically (e.g., via email or customer account).

4. Delivery

Deliveries outside Germany are possible upon request. Any additional delivery costs, customs duties, taxes, or import charges shall be borne by the customer. Delivery time and import regulations depend on the destination country. Goods are delivered subject to retention of title.

Delivery to islands is possible upon request. Delivery costs will be quoted individually.

If the goods are exported by the customer, a refund of German VAT may be possible, provided legal requirements are met. A processing fee will be charged for handling the export documentation.

Collection after business hours is only possible upon prior written agreement. Risk transfers upon provision of goods. We are not liable for damages caused by weather or lack of loading options.

For drop shipping (direct delivery from the manufacturer to the customer), the risk transfers to the customer upon handover to the carrier, even if shipping is invoiced by the seller.

We reserve the right to add one or more Euro pallets (exchange pallets) to an order if the type or packaging of the goods requires this for transport reasons. The number and type of pallets used will be documented on the delivery note.

Die Beurteilung, ob der Lieferort mit einem LKW erreichbar ist, obliegt dem jeweiligen Spediteur. Sollte eine Anfahrt aus Sicht der Spedition nicht möglich oder unzumutbar sein ( z.B. wegen unbefestigter Wege, fehlender Wendemöglichkeit oder Verkehrsauflagen) erfolgt keine Anlieferung. Etwaige Zusatzkosten ( z. B. für erfolglose Anfahrt, Umladung, Rücktransport oder Zwischenlagerung) trägt der Kunde.

Die Entscheidung über die Anfahrbarkeit und Entlademöglichkeit der Baustelle trifft ausschließlich die ausführende Spedition. Ist eine sichere und schadenfreie Anlieferung aus deren Sicht nicht möglich, wird keine Zustellung durchgeführt. Die dadurch entstehenden Kosten (z.B. für Leerfahrt, Wartezeiten, Rückführung oder Zwischenlagerung) sind vom Kunden zu tragen.

5. Retention of Title

Goods remain the property of Lehm-Laden GmbH & Co. KG until full payment has been received.

Load carriers (e.g., pallets) must be returned by the customer at their own expense. There is no obligation to exchange at the time of delivery. Carriers are not obligated to exchange load carriers. If no exchange occurs, there is no claim for return or reimbursement.

6. Right of Withdrawal

Consumers have a legal right of withdrawal. The following statutory withdrawal information complies with Section 355 BGB and Article 246a Section 1 EGBGB.

Withdrawal Policy

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, takes possession of the goods.

Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag, an dem Sie oder ein von Ihnen benannter Dritter, der nicht der Beförderer ist, die erste Ware in Besitz genommen haben.

To exercise your right of withdrawal, you must notify us (Lehm-Laden GmbH & Co. KG, Am Räsenberg 3, 29456 Hitzacker, Germany, info@lehm-laden.de or via our contact form) of your decision to withdraw from the contract by means of a clear statement (e.g., a letter sent by post or an email). You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery charges (except for additional costs resulting from your choice of a different type of delivery than the least expensive standard delivery offered by us), without undue delay and no later than 14 days from the day on which we are informed of your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless expressly agreed otherwise; in no event will you be charged any fees as a result of this reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will bear the direct cost of returning the goods. In the case of freight or bulky items, these costs may be up to 30% higher than the original delivery costs. Please contact us in advance for advice.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to: 

• Goods that are not prefabricated and made on the basis of an individual choice or decision by the consumer;
  
  

• Goods clearly tailored to personal needs;
  
  

• Products individually tinted or mixed to order (e.g., shades from standard or custom color charts).
  

Return Instructions (voluntary, not a condition for withdrawal)

Please avoid damage or contamination. If possible, return the goods in the original packaging with all accessories and packaging components. Use protective outer packaging if necessary. If the original packaging is no longer available, ensure adequate packaging to prevent transport damage.

Please contact us before returning goods by calling +49 5862 987850 – particularly for freight items, as we may be able to arrange cost-effective return shipping.
We can also organize the return shipment on your behalf.

Model Withdrawal Form

Model Withdrawal Form: www.lehm-laden.de/widerruf You can also exercise your right of withdrawal using the web form provided.

7. Return and Voluntary Take-Back

A return outside of the legal right of withdrawal is only possible for undamaged, originally packaged stock items and requires our express consent. In this case, we charge a return fee of 20% of the value of the goods. Dry lime products in bags are generally excluded from voluntary return. The statutory right of withdrawal remains unaffected.

8. Warranty

Statutory warranty rights apply.

9. Liability

Penalties, contractual penalties, and lump-sum damages not based on an express, individual agreement are excluded.

We are liable for intent and gross negligence, as well as for injury to life, body, or health.

In the case of simple negligence, we are only liable for breaches of essential contractual obligations and only for foreseeable, contract-typical damage. No liability is assumed for indirect damage, loss of profit, or damage caused by improper use.

Liability under the German Product Liability Act remains unaffected.

In case of justified doubts about the customer’s solvency, we reserve the right to withhold confirmed orders or withdraw from the contract.

10. Advice and Technical Information

Our consultations are non-binding and for general information only. Only the latest manufacturer data sheets and instructions for use are binding.

11. Final Provisions

These Terms and Conditions also apply to future orders, even if not expressly agreed again.

German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction is Dannenberg/Elbe. Should individual provisions be invalid, the validity of the remaining provisions shall not be affected.

Last updated: April 2025