General Terms and Conditions

General Terms and Conditions

I. General Conditions

(1) The following conditions apply to all contracts (sale, rental, delivery and all services) on the part of Logando Display & Media Solutions GmbH (hereinafter: Called Logando). When placing an order or accepting the goods or services, the customer (hereinafter also called “buyer” or “renter”) accepts the general terms and conditions of Logando. Deviating regulations are only valid if they have been accepted exclusively and in writing. Deviating terms and conditions of the buyer or renter are not valid.

(2) Customers in the following are either entrepreneurs or consumers. An entrepreneur is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising its independent professional or commercial activity. A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity.

II. Conclusion of the Contract

(1) The subject of the contract is the rental and sale of goods.

(2) The presentation of the products in the online shop at www.logando.de/.at/.ch does not constitute a legally binding offer, but only a non-binding online catalogue of the goods assortment. All contents on www.logando.de/.at/.ch and on product descriptions, drawings, illustrations, dimensions, weights and other performance data associated with an offer are only approximate and errors are reserved.

(3) The contract is concluded as follows:
The goods intended for rent or purchase can be requested via the website www.logando.de/.at/.ch, by e-mail or telephone. Customers then receive an offer from Logando, usually within 3 working days, by e-mail. The products and services and the payment methods are listed therein. With a written commission by e-mail, fax or letter, the customer declares a legally binding the acceptance of the offer, whereby the contract comes into effect. We reserve the right not to provide the promised service if, after conclusion of the contract, it turns out that the goods are not available, even though a corresponding obligating transaction has been concluded. In such a case, the customer will receive a message in a timely manner. Any consideration already paid will be reimbursed immediately. Further claims against Logando are excluded. The rental or purchase agreement first comes into effect with our separate order confirmation. The contract text is saved.

(4) The order confirmation with the required information about the conclusion of the contract is sent by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the reception of e-mails is technically ensured and, in particular, that no SPAM filters prevent this.

(5) If the customer is an entrepreneur, delivery is always at the risk of the customer. This also applies to partial deliveries. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the rented or sold property shall be transferred to the customer only with the delivery of the goods. If there are delays in delivery and performance as a result of circumstances for which the customer is responsible, the risk and costs incurred are transferred to the customer. The costs and risk of returning goods that have not been accepted pass to the customer unless Logando is responsible for them. Collateral agreements, changes and additions to the contract must be made in writing and are only valid if confirmed in writing by Logando.

III. Special Agreements on Offered Payment Methods

(1) Invoices must be settled by the customer on the agreed due date. Logando is entitled to demand advance payment and/or a deposit at its own discretion. If there are older claims of Logando against the customer, then Logando is entitled to settle payments of the customer first with these claims, to repay interest claims and any incurred legal costs and only then to settle the payment with the main claim. In the case of a default of payment by a customer, who is a consumer within the meaning of § 13 BGB, Logando is entitled to charge interest at the rate of 5% per year above the respective discount rate of the ECB and to demand it from the customer. Insofar as an entrepreneur is in default of payment within the meaning of § 14 BGB, Logando is entitled to charge interest at the rate of 8% per year above the respective discount rate of the ECB and to demand this from the customer. Further claims for damages remain reserved. Logando is entitled to require payment of the entire remaining debt if the customer does not meet its payment obligations, if an insolvency petition is filed on its assets, or if it has made an affidavit about its financial circumstances. Force majeure or events for which Logando is not responsible entitle Logando to withdraw from the contract, excluding any claims for damages by the customer. For the purchase of goods the following applies: If Logando is not in a position to deliver the goods to the buyer after a grace period set by the buyer, the buyer is entitled to withdraw from the purchase contract. The setting of the grace period must be in writing. If there is a delay in payment by the renter or buyer after the second reminder, Logando is entitled to withdraw from the contract. If the goods or services have been used and put into operation in the meantime, Logando is entitled to compensation for the corresponding rent for the respective duration.

(2) Credit Check
Insofar as Logando enters into preliminary performance, e.g. in the case of payment by invoice or direct debit, the data of the customer may be provided to SCHUFA Holding AG, Komoranweg, in order to safeguard the legitimate interests of Logando for the purpose of a credit check on the basis of mathematical-statistical procedures 5, 65201 Wiesbaden, or provide to other credit-check agencies. Logando reserves the right to refuse the customer the method of payment on account or direct debit according to the result of the credit check.

IV. Right of Retention, Retention of Title

(1) The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) For sales transactions, the goods remain the property of Logando until full payment of the purchase price.

V. Rental Conditions

(1) The rental period begins with the time of delivery or collection of the equipment by the customer and ends on the date agreed in the order, the collection by Logando or on return by the customer to Logando. If Logando, or the logistics company commissioned by Logando, does not contact the renter at the agreed time of return, the rental period will be extended until the actual pick-up time. Delivery time and time of return must, unless otherwise expressly agreed, be between 09:00 and 18:00 from Monday to Friday.

(2) The prices are, unless otherwise indicated, net prices in Euro including packaging and are considered non-binding. Errors are reserved. Price changes due to e.g. exchange rate fluctuations are expressly reserved. Logando updates its price database as often as possible. If a price has increased, Logando shall inform the customer and wait before the order is executed.

(3) The customer has to observe all obligations that are connected with the possession, use and receipt of the rental object and to follow the instructions for care and use of the manufacturer and Logando. The customer is liable for all damage to the rental object, which arise during the rental period of the rental objects and accessories by the customer or third parties. Damages for accidental loss or accidental damage shall be borne by the customer. In the case of a total loss, the customer must replace the replacement value of the rented device. If the replacement value is not determined, the procurement value of an equivalent product shall be used for the calculation. In the event of theft, a police report must be created. Deposits, which Logando has received from the customer, will be refunded to it after return of the rental object including all accessories in intact condition.

(4) The customer undertakes to notify Logando of any defects or property damage to the rented object without delay. Logando is then given the opportunity, if Logando is responsible for these defects or damages, to remedy these defects or to provide other equivalent devices. If the customer culpably omits the immediate notification of a defect or damage, it forfeits its claim for damages. If the customer cannot use the device due to a defect, the compensation is limited only to the contractually agreed rental price of the rental object. The customer undertakes to exempt Logando from all claims of third parties, which are levied in connection with the rental of equipment against the lessor. Logando’s right to indemnification also covers the costs incurred by Logando for defence against third party claims.

(5) The customer is obliged to immediately notify Logando by providing all documents if the rental object is illegally seized or otherwise claimed by third parties. The same applies if the rental object is lost in any other way. The customer shall bear all incurred costs, which are necessary for the cancellation of such interventions.

(6) The operation of the rental object with software may only be carried out in accordance with the conditions of the respective license holder. In the case of improper use of software, the customer releases Logando from all claims for damages of the respective license holder.

(7) Cancellation policy: Regardless of the reason, if the customer withdraws from the rental agreement, Logando may demand cancellation costs depending on the order value. The cancellation rates are as follows:
– Up to 30 days before the start of the rent = 40% of the order value
– Up to 14 days before the start of the rent = 50% of the order value
– Up to 7 days before the start of the rent = 60% of the order value
– From the 7th day until the beginning of the rent = 100% of the order value

(8) The customer is obliged, unless otherwise agreed, to return the rental object to Logando immediately after expiry of the agreed rental period at its own expense and risk. In case of late return, the rent will be recalculated accordingly. In addition, the customer assumes the costs of third-party rental of the same rental object by Logando. If the devices are returned in improper condition, the customer must pay the full rental fee for the period of repair, irrespective of any further damage claims. In the event of late return of the equipment, an additional rental fee will be payable in accordance with the valid price list of Logando, which can be offset from the deposit of the customer. Residual amounts will be refunded to the customer immediately, any negative amounts charged with immediate due date. If the customer returns the rental object damaged, Logando will first withhold the deposit and have the defective rental items repaired, or in the event of impossibility or inefficiency of a repair will purchase replacement equipment. If the deposit exceeds the repair costs or the replacement value of the rental object, the customer will be refunded the difference. If the repair costs or the replacement value of the rental objects exceed the security deposit, the difference will be charged to the customer immediately. For the downtime of the device, a daily rental fee of 50% (fifty percent) per day will be charged. For non-returned or delayed devices, a daily rental fee of 100% (one hundred percent) per day will be charged.

VI. Sales Conditions

(1) The delivered goods shall remain the property of Logando until full payment of all claims arising from the business relationship with the customer, including all ancillary claims. The customer shall store the property for Logando free of charge. The customer is entitled to sell reserved goods, i.e. goods which are the property of Logando, in the ordinary course of business as long as it is not in default of payment. The buyer agrees to sell the goods only subject to retention of title until full payment on its part. The customer hereby assigns to Logando in full the outstanding claims arising from resale or other legal grounds (e.g. insurance, unauthorised actions) regarding the goods subject to retention of title, up to the amount of the final invoice amount including value added tax. Logando already accepts this assignment. Logando authorises the customer to collect the claims assigned to Logando for the account of Logando in its own name. Logando may revoke this direct debit authorisation if the customer fails to properly meet its payment obligations. At the request of Logando, the customer shall immediately disclose the assignment and shall promptly provide Logando with the information and documents required for collection of the claim. Pledges or collateral assignments are inadmissible.

(2) If there are defects within the warranty period, Logando shall, in the event of a timely complaint, undertake to replace or remedy the defective object of purchase. The warranty period is 12 months, unless it is a consumer goods purchase, and begins on the day of delivery. The customer must report the defect in the goods in writing without delay, at the latest within one week of delivery. Defective delivery items must be kept ready for inspection by Logando in the condition in which they were at the time of detection of the defect. A breach of the above obligations excludes any warranty claims against Logando. The above provisions of this regulation do not apply to used devices, which are delivered without any warranty. Other claims for damages are excluded, as far as the resulting damage was not caused intentionally or in a grossly negligent manner by Logando or its vicarious agents.

VII. Right to Withdrawal with Purchase Contracts

(1) Right to withdrawal

If the customer is a consumer, it has the right to withdraw from this purchase contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the customer or a third party named by it, who is not the carrier, has or has taken possession of the last goods. To exercise the right to withdrawal, the customer must contact Logando Display & Media Solutions GmbH, Pötzschker Weg 10, 04179 Leipzig, Tel: +49 341 946874-100; Fax: +49 341 946874-110; E-Mail: info@logando.de. When contacting Logando, the customer must provide a clear statement (e.g. a letter sent by post, fax or e-mail) about the decision to withdraw from this contract. The customer may use the withdrawal form template found under (2), but this is not required. In order to meet the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

2) Withdrawal form template
(If you want to withdraw from the contract, please fill out this form and send it back.)
– Logando Display & Media Solutions GmbH, Pötzschker Weg 10, 04179 Leipzig Tel: +49 341 946874-100; Fax: +49 341 946874-110; E-mail: info@logando.de
– I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if communicated on paper)
– Date
(*) Delete as appropriate.

(3) Consequences of withdrawal
If you withdraw from this contract, we shall repay to you all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favourable standard delivery we offer) immediately and at the latest within fourteen days from the date on which the notification of your withdrawal from this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the deadline of fourteen days. You are responsible for the direct costs of returning goods that can be shipped in package form as well as the direct costs of returning goods that cannot be shipped in package form. The cost of objects that cannot be shipped in package form is estimated at a maximum of approximately EUR 200. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

VIII. Liability

(1) Logando is fully liable for damages resulting from injury to life, limb or health. Furthermore, Logando is liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of the guarantee for the condition of the object of purchase and in all other legally regulated cases.

(2) The liability for defects within the scope of the legal warranty is governed by the corresponding provision in the customer information of Logando.

(3) If essential contractual obligations are affected, the liability of Logando for slight negligence shall be limited to the contractually typical, foreseeable damage. Essential contractual obligations are essential obligations that arise from the nature of the contract and whose violation would jeopardise the achievement of the purpose of the contract and obligations that the contract imposes on Logando according to its content to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible and on whose compliance the customer may regularly rely.

(4) In the event of breach of inessential contractual obligations, liability for slightly negligent breaches of duty is excluded for Logando.

(5) Data communication over the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. Logando is not liable for the continuous or uninterrupted availability of the website and the services offered there.

IX. Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law applies only insofar as this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (favourability principle).

(2) The place of fulfilment for all services arising from our existing business relationships as well as place of jurisdiction is our registered office insofar as the customer is not a consumer but an entrepreneur, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or the place of residence or the habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention explicitly do not apply.

X. Customer Information

(1) Identity of the seller/lessor
Logando Display & Media Solutions GmbH
Pötzschker Weg 10
04179 Leipzig
Germany
Phone: +49 341 946874 100
E-mail: info@logando.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr. Logando is ready to participate in dispute resolution procedures before consumer arbitration boards.

(2) Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options shall occur in accordance with paragraph II of our general terms and conditions.

(3) Contract language, contract text storage 3.1 The contract language is German.

3.2. The complete contract text is not stored by Logando. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After receipt of the order at Logando, the order data, the information required by law for distance selling contracts and the general terms and conditions, the cancellation policy and the privacy policy will be sent to the customer by e-mail.
3.3. In the event of requests for quotations outside of the online shopping cart system, the customer will receive all contract data in the form of a binding offer in text form, e.g by e-mail, which the customer can print or secure electronically.

(4) Essential features of the good or service
The essential features of the good and/or service are to be found in the respective offer.

(5) Prices and Payment

5.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They contain all price components including all applicable taxes.
5.2. The resulting shipping costs are not included in the purchase price but may be listed separately in the respective offer. They are to be borne in addition by the customer, as far as delivery free of charge by Logando is not promised.
5.3. The payment methods available to the customer are shown in the respective offer.
5.4. Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.

(6) Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found in the respective offer.
(7) Statutory warranty rights for defects
7.1. Statutory warranty rights for defects apply.
7.2. As a consumer, the customer is asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify Logando and the freight forwarder as soon as possible. If, as a consumer, the customer does not comply, this has no effect on the customer’s statutory warranty claims.

(7) Statutory warranty rights for defects

7.1. Statutory warranty rights for defects apply.
7.2. As a consumer, the customer is asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify Logando and the freight forwarder as soon as possible. If, as a consumer, the customer does not comply, this has no effect on the customer’s statutory warranty claims.

XI. Final Provisions

The customer hereby agrees that Logando may store and automatically processes personal data received as part of the business relationship. Changes to the contracts with Logando must be made in writing. If a provision in a contract is invalid, the validity of the remaining provisions shall remain unaffected.

Last update: 20/10/2017