General Terms and Conditions (GTC) of LevelupSpindles
- Scope of Application
1.1. These General Terms and Conditions (GTC) apply to all business relationships between LevelupSpindles (hereinafter referred to as the “Vendor”) and its customers (hereinafter referred to as the “Customer”).
1.2. These GTC apply exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB).
1.3. Deviating, conflicting or supplementary general terms and conditions of the Customer shall not become part of the contract unless the Vendor explicitly agrees to their applicability in writing.
- Offers and Conclusion of Contract
2.1. Offers made by the Vendor are non-binding and subject to change without notice
2.2. A contract is only concluded upon the Vendor’s written order confirmation or by actual performance of the service
2.3. Verbal side agreements shall only be valid if confirmed in writing by the Vendor.
- Services
3.1. The Vendor acts as an intermediary for products and services from third-party providers (manufacturers, service providers, suppliers) in the areas of industrial supplies, industrial repairs, and technical trade.
3.2. The Vendor reserves the right to have services provided by third parties.
- Prices and Terms of Payment
4.1. All prices are exclusive of statutory value-added tax (VAT).
4.2. Payment is due immediately and without deduction, unless otherwise agreed.
4.3. In the event of late payment, the Vendor reserves the right to charge default interest of 9 percentage points above the applicable base interest rate.
- Delivery and Transfer of Risk
5.1. Delivery is made “ex works.” Risk passes to the Customer upon handover of the goods to the Customer or its representative.
5.2. Stated delivery times are non-binding unless explicitly agreed otherwise in writing.
- Retention of Title
6.1. The delivered goods remain the property of the Vendor until all claims arising from the business relationship with the Customer have been paid in full
6.2. In case of contractual breaches by the Customer, especially payment default, the Vendor is entitled to reclaim the goods.
- Warranty
7.1. Warranty for delivered products and rendered services is based on the respective conditions of the manufacturers, service providers, or partners.
7.2. Claims for defects must be submitted directly to the Vendor.
7.3. The Vendor will review the complaint and forward it to the responsible service provider or manufacturer.
7.4. The decision regarding rectification, repair, or replacement lies with the respective service provider or manufacturer.
7.5. The Vendor does not provide its own warranty or guarantee but solely acts as an intermediary between the Customer and the actual service provider.
- Limitation of Liability
8.1. Disclaimer for Service Providers and Manufacturers: The Vendor acts exclusively as an intermediary and assumes no liability for the proper performance of services or delivery of products provided by third parties (service providers, manufacturers, suppliers). Responsibility for defects, damages, or performance deviations lies with the respective third party.
8.2. Limitation to Intent and Gross Negligence: The Vendor is only liable for damages resulting from intentional or grossly negligent behavior. For simple negligence, the Vendor is only liable for breaches of essential contractual obligations, limited to foreseeable and contract-typical damages. Any further liability, particularly for lost profits, indirect, or consequential damages, is excluded
8.3. No Liability for Lost Profits or Indirect Damages: The Vendor is not liable for indirect damages, loss of profits, production downtimes, or other financial losses resulting from the use or inability to use the mediated services or delivered products.
8.4. Force Majeure Disclaimer: The Vendor shall not be held liable for delays or non-performance due to force majeure events such as natural disasters, strikes, pandemics, governmental orders, or other unforeseeable events beyond the Vendor’s control.
8.5. Disclaimer for Customer Misuse or Errors: The Vendor is not liable for damages caused by improper use, faulty installation, unauthorized repairs, or disregard of instructions.
8.6. Liability Limitation for Intermediary Activity: The Vendor mediates services and products from third-party providers (manufacturers, service providers, suppliers) but does not accept liability for their proper execution, quality, or functionality. Responsibility lies solely with the respective provider.
8.7. Disclaimer for Failed Transactions: The Vendor is not liable for damages or losses resulting from failed contract conclusions between the Customer and a service provider or supplier.
8.8. No Liability for Delays Caused by Third Parties: The Vendor is not liable for delays or missed deadlines caused by third-party providers. Delivery and processing times are non-binding unless explicitly agreed otherwise in writing.
8.9. Transport Damage Disclaimer: The Vendor is not liable for damage occurring during transport by third parties, including but not limited to losses, damages, or delays. Liability for transport damage, including fire damage, lies with the respective carrier or logistics provider. The Customer is obliged to inspect delivered goods immediately upon receipt and report any transport damage directly to the carrier. Recommendation: A suitable transport insurance policy is recommended to protect against transport damages, including fire damage.
8.10. Limitation of Liability for Consulting Services: Consulting services provided by the Vendor are rendered to the best of its knowledge and belief but are non-binding. The Vendor accepts no liability for decisions or actions taken by the Customer based on such consulting.
8.11. Liability Cap: The Vendor’s liability is limited to the value of the respective order. Any further liability, especially for consequential damages, is exclude
9.1. The Vendor processes the Customer’s personal data in accordance with the provisions of the General Data Protection Regulation (GDPR).
9.2. Detailed information on data protection can be found in the Vendor’s privacy policy available on the website.
- Final Provisions
10.1. The law of the Federal Republic of Germany shall apply.
10.2. Place of jurisdiction is Lemgo.
10.3. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.
