General Terms and Conditions (GTC) for Consumers of Lehm-Laden GmbH & Co. KG (This translation is provided for information only; only the German version is legally binding.)
1. Scope of Application
These GTC apply to all deliveries and services provided by Lehm-Laden GmbH & Co. KG to consumers within the meaning of § 13 BGB (German Civil Code). Deviating terms shall apply only if they have been acknowledged by us in writing. These GTC also apply to future orders.
2. Conclusion of the contract
A contract is concluded by our order confirmation or by delivery of the goods. Offers in the online shop are non-binding. In the case of quotations created via Odoo, the contract is concluded by the customer's acceptance of the quotation via the confirmation function provided in Odoo.
3. Prices and terms of payment
All prices include statutory VAT, plus shipping costs. Payment is made by advance payment, via external payment providers (e.g. PayPal) or on invoice. The terms and conditions of the respective payment service provider apply. When PayPal is used, its terms of use additionally apply ( https://www.paypal.com/de/webapps/mpp/ua/legalhub-full ).
Contractual notices and documents (e.g. order confirmations, invoices) may also be sent to the customer electronically (by e-mail or via the customer account).
4. Delivery
Deliveries outside Germany are possible on request. Any additional delivery costs, customs duties, taxes or import levies shall be borne by the customer. Delivery time and import regulations depend on the country of destination. Delivery is made subject to retention of title.
Delivery to islands is possible on request. The delivery costs incurred will be quoted individually.
If the goods are exported by the customer themselves, a subsequent refund of the German value added tax may be made, provided that the statutory requirements are met. A flat-rate processing fee will be charged for the processing and examination of this export certificate.
Collection after closing time is only possible by prior written agreement. The risk passes when the goods are made available. The seller shall not be liable for damage caused by weather conditions or a lack of loading facilities.
In the case of drop shipments (direct dispatch from the manufacturer to the customer), the risk passes upon handover of the goods to the carrier, even if the shipment is made at the seller's expense.
We reserve the right to add one or more Euro pallets (exchange pallets) to an order where the nature or packaging of the goods requires this for transport-related reasons. The number and type of pallets used will be documented on the delivery note.
It is for the respective carrier to assess whether the place of delivery is accessible by lorry. Should access not be possible or not be reasonable in the carrier's view (e.g. owing to unpaved roads, a lack of turning space or traffic restrictions), no delivery will take place. Any additional costs (e.g. for an unsuccessful delivery attempt, reloading, return transport or interim storage) shall be borne by the customer.
The decision as to whether the construction site can be accessed and whether unloading is possible there shall be taken exclusively by the carrier performing the delivery. If, in its view, safe and damage-free delivery is not possible, no delivery will be made. The costs incurred as a result (e.g. for an empty run, waiting times, return transport or interim storage) shall be borne by the customer.
5. Retention of title
The goods delivered shall remain the property of Lehm-Laden GmbH & Co. KG until payment has been made in full.
Loading aids (e.g. pallets) shall be returned to the seller by the customer at the customer's own expense. There is no obligation to exchange them upon delivery. The carrier is not obliged to carry out an exchange. If no exchange takes place, there shall be no entitlement to their being taken back or to reimbursement of costs.
6. Right of withdrawal
Consumers within the meaning of § 13 BGB (German Civil Code) have a statutory right of withdrawal. Below you will find the statutorily prescribed instructions on withdrawal pursuant to § 355 BGB and Article 246a § 1 EGBGB (Introductory Act to the German Civil Code).
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.
To exercise the right of withdrawal, you must inform us (Lehm-Laden GmbH & Co. KG, Am Räsenberg 3, 29456 Hitzacker, e-mail: info@lehm-laden.de or via our contact form) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form , but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (provided that delivery has not yet taken place), without undue delay and in any event not later than 14 days from the day on which we are informed about 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 you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such 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 shall send back the goods or hand them over to us or – in the case of general cargo or goods shipped by freight forwarder – to a return address specified by us, 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 has expired.
You will have to bear the direct cost of returning the goods. These costs may – particularly in the case of goods delivered by freight forwarder – be up to 30 % higher than the shipping costs originally paid by you. Please seek advice on this before returning the goods.
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 the supply of goods
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which are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive,
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which are clearly tailored to the personal needs of the consumer,
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which have been tinted to the customer’s specifications or individually mixed (e.g. colour shades from standard or special colour charts, where individually mixed).
Notes on returning goods (voluntary, not a prerequisite for withdrawal)
Please avoid damage or soiling. Where possible, return the goods in their original packaging with all accessories and all packaging components. Where necessary, use protective outer packaging. Should you no longer have the original packaging, please ensure that the goods are packed securely for transport in order to avoid damage in transit.
Please call us on 05862 987850 before returning the goods – particularly in the case of general cargo or goods delivered by freight forwarder, we may be able to arrange cost-effective return shipments. The return transport can also be organised by us.
A printable model withdrawal form can be found at: www.lehm-laden.de/widerruf You can also exercise your right of withdrawal directly via the web form provided.
7. Returns and Taking Back of Goods
A return outside the statutory right of withdrawal is only possible for undamaged stock goods in their original packaging and subject to our express consent. In this case, we charge a return fee amounting to 20 % of the value of the goods. Dry lime products are excluded from voluntary returns as a matter of principle. This does not affect the statutory right of withdrawal.
8. Warranty
The statutory rights in respect of liability for defects apply.
9. Liability
Contractual penalties, conventional penalties and claims for lump-sum damages which are not based on an express, individual agreement are excluded.
We are liable in cases of intent and gross negligence as well as in cases of injury to life, body or health.
In cases of simple negligence, we are liable only for breaches of material contractual obligations and only for the foreseeable damage typical of the contract. No liability is accepted for indirect damage, loss of profit or damage caused by improper use.
Statutory liability under the Produkthaftungsgesetz (German Product Liability Act) remains unaffected.
In the event of justified doubts as to the customer's solvency, we reserve the right to withhold orders that have already been confirmed or to withdraw from the contract.
10. Advice and technical information
Any advice we provide is non-binding and serves for general information purposes. Only the manufacturers' current data sheets and processing instructions are binding.
11. Final provisions
These General Terms and Conditions shall also apply to all future orders, even if they are not expressly agreed again.
German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Dannenberg/Elbe. Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.
Last updated: April 2025