Conditions of Use

1. General

1. Conditions mentioned here apply to all offers of Landwermann GmbH (from now on to be called Landwermann) and to all agreements with Customers of Landwermann.

2. Unless it is an explicit exception, others than these Conditions are not legitimate.

3. We maintain that, by confirming Your order, You unreservedly accept Our general conditions of sale, having read them. Conditions are important to You and Landwermann as they have been designed to protect Your rights as a valued Customer and to protect Our rights as a business and to create an understanding between us.

2. Ordering and realisation of an agreement

1. Orders can be placed online via the Landwermann website www.Landwermann.de, per e-mail, fax, and telephone.

2. We are authorised to refuse orders below a certain order value or to calculate extra charges for these orders. Further, We have the right to ask The Customer to make a prepayment.

3. If it is not possible for Landwermann to accept an order for a certain product, no matter the reason, Landwermann will try to deliver a comparable Product with regard to price and quality. The order will be accepted after agreement has been reached.

4. The agreement can be considered official from the moment Landwermann has accepted the order.

3. Prices

1. The prices on the Landwermann website are the actual prices. Prices of Goods in mailings can deviate because of price changes that have been carried through after sending the mailings.

2. As long as there is no official agreement, Landwermann has the right to change prices and other conditions.

3. All prices net, excluding costs of VAT, packaging and transport, shipping and legal contributions unless mentioned differently.

4. Landwermann is authorised to carry through changes in taxes and costs, also after realising an agreement.

4. Delivery

1. Landwermann determines the manner of transport and the transporter. All orders will be delivered at the entered delivery address.

2. Landwermann has the right to deliver orders partly. There are no extra costs for partly deliveries or later deliveries.

3. Despite all carefulness regarding deliveries, it might happen that Your order is delivered incomplete. If this is reported by The Customer in seven days after (partly) receiving the Goods, the order will be replenished or placed a second time at the expense of Landwermann.

5. Payment

1. Payment takes place per conditions as described on our website.

2. In some special cases, Landwermann has the right to refuse a certain payment method. In that case it will be communicated to The Customer and the order will be shipped after The Customer's prepayment has been received and approved by Landwermann.

3. It is not allowed to settle a purchase with a debt-claim on Landwermann, unless this is yet agreed in letter.

4. Paying in advance is only possible per bank account.

5. After exceeding the payment term The Customer is indebted to pay the legal interest and all legal and non-legal collection costs. Landwermann can then postpone the following of obligations or dissolve the agreement in letter.

6. Property restriction

1. Delivered Goods will stay the property of Landwermann until all payment obligations have been fulfilled by the Customer.

2. Landwermann is irrevocably authorised to take the Goods back if these still are the property of Landwermann.

7. Sale and return period and returns

1. The Customer is allowed to return the Goods delivered by Landwermann in ten working days after receiving in the original package, accompanied by a copy of the original invoice and a report of the reason of return.

2. In case the Goods are unused and returned in time and correctly, Landwermann will refund the purchase amount excluding the shipping costs. Goods are refunded within 30 days.

3. Goods delivered by Landwermann that are not been returned in the sale-and-return period of 10 working days, as described in 7.1, the purchase will be regarded as final.

4. The following categories of Goods are excluded from the right of return from the moment the package has been opened:

   • batteries

   • books, in case the package has been opened

   • (Products with) software

   • lights, semiconductors or similar Products

   • constructed building components and parts

   • special orders.

5. If you wish to return your Goods or Items please utilise your nearest Post Office, alternatively you can call or email Landwermann Custoemr Service and make use of our collection service. Any Goods or Items returned are at the cost of the customer.

8. Warranty

1. Landwermann warrants the quality of its delivered Goods during 24 months after delivery.

2. Warranty claims should be made within fourteen days after discovering the deficiency, and should be guided with a short description of the deficiency and a copy of the original invoice.

3. Landwermann will repair the deficiency, subject to 8.2, free of cost or replace it (to be decided by Landwermann). However, the warranty does not include extra costs such as sometimes necessary services. In case the Goods are older than one year and it is not possible for Landwermann to repair, or the concerning Product(s) is/are not in stock anymore, Landwermann will offer the possibility to buy the replacing Goods for an amount of 50% of the retail price, or an exchange of goods to the value of 50% of the original purchase price, E&OE (errors and omissions excepted.)

4. The warranty does not account in the following situations:

   • product has NOT been sufficiently protected against transporting damage during the return.

   • there have been made modifications to the Product

   • deficiencies which originate from wrong or incorrect use, such as ignoring the accompanying manual.

   • the deficiency originates intentionally or because of a severe lack of attentiveness

   • external factors out of the control of Landwermann, such as a flash of lightning, electricity fall-out, natural disasters, etcetera.

   • Landwermann has not had the possibility to investigate the complaint and to eventually repair the deficiency.

9. Returns

1. To return your the returns reason and desired action must be included. We cannot process your return unless the reason is specified. The Product(s) need to be packed with the original packaging, including the original invoice, all materials and accessories.

2. Returns should be sent to the following address:
   Landwermann GmbH
   Rehmenweg 32
   D-31582 Nienburg (Germany)

10. Personal information

1. Personal customer information is saved into the customer management system of Landwermann to process orders. Further, Landwermann uses the information for internal marketing goals such as sending mailings. We will always comply with the Data Protection Act 1998. and subsequent legislation related to data and personal information.

11. Responsibility

1. The liability of Landwermann with regard to sale and delivery of Goods is explicitly limited to the warranty as described in article 8.

2. Landwermann is not responsible for its provided (technical) advices, misprints in mailings, technical specifications which have been provided by suppliers and manufacturers, and uncontrollable bad quality of Goods.

3. For the rest, each responsibility of Landwermann is restricted to the actual payed amount of the relevant invoice.

12. Terms of website use

1. We and our suppliers are the owners of the copyright, trademarks and all other intellectual property rights in the material and content of our website www.Landwermann.de

2. You are only allowed to use the material contained on this website for Your own personal and non- commercial use.

3. You agree not to intentionally misuse our website.

4. Our website may contain links to other websites unrelated to us. We are not responsible for the content or practices of these websites.

13. Information services

1. At its latest during the finishing of the agreement, these Conditions are offered by Landwermann (non-)electronically. It is The Customer's responsibility to print or save the Conditions.

2. Landwermann provides the following information at its website:

   • Registered adress and the registration number at the Chamber of Commerce

   • the most important Product specifications, such as the price

   • the method of delivery and payment and the corresponding costs

   • the address for handing in complaints, different than the address of the place of business

3. In case The Customer wants to dissolve or cancel the contract because of the fact that Landwermann should not suffice its legal information duties, this procedure should be carried out in fourteen days after accepting the order.

4. We reserve the right to randomly monitor and record inbound and outbound calls.

14. Disagreements

1. These Conditions are based on German legislation.

2. Disagreements will be solved in mutual consultation as much as possible.

3. Registered Number HRB 30759 . Registered Office: Amtsgericht Walsrode

4. VAT No: DE 811 806 930

15. Force Majeure

1. Landwermann shall not be liable to The Customer or deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any obligations of Landwermann in relation to its Goods, provided that the delay or failure was due to any cause beyond reasonable control of Landwermann. Without prejudice to the generality of the abovementioned, the following shall be regarded as causes beyond reasonable control of Landwermann: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Landwermann or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.