Allgemeine Geschäftsbedingungen

Table of contents
——————

1. Scope
2. Conclusion of contract
3. Right of Withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redeeming Promotional Vouchers
10. Governing Law
11. Jurisdiction
12. Alternative Dispute Resolution

Terms of contract in the context of purchase contracts via the platform www.lightistransformation.com

between

myTuning24 GbR
represented by the shareholders: Michael Mai, Jan Herbig, Andreas Weisz
Georg-Elser-Weg 10
89520 Heidenheim
Germany

– hereinafter “Seller” –

and the users of this platform specified in point 2 of these GTC

– hereinafter referred to as “customer/customers” –

getting closed.

1. Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of the platform www.lightistransformation.com
(hereinafter “Seller”) apply to all contracts for the supply of goods that a consumer or
Entrepreneur (hereinafter "customer") with the seller regarding the seller in his online shop
goods shown. This is the inclusion of the customer's own conditions
objected to unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for the purpose of
which are predominantly neither attributed to their commercial nor their self-employed professional activity
can. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a person with legal capacity
Partnership that, when concluding a legal transaction, exercises its commercial or
independent professional activity.

2. Conclusion of contract

2.1 The product descriptions contained in the seller's online shop are not binding
Offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can order the offer via the online order form integrated in the seller's online shop
hand over. The customer, after placing the selected goods in the virtual shopping cart and the
has gone through the electronic ordering process by clicking on the button that concludes the ordering process
a legally binding contract offer in relation to the goods contained in the shopping cart.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form
(fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time when one of the
aforementioned alternatives occurs first. The period for accepting the offer begins on the day after it is sent
of the offer to run through the customer and ends at the end of the fifth day following the dispatch of the
offer follows. If the seller does not accept the customer's offer within the aforementioned period, this shall apply
as a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the text of the contract is dated
Seller saved and the customer after sending his order together with the present terms and conditions in text form
(e.g. e-mail, fax or letter). In addition, the text of the contract is published on the seller's website
archived and can be accessed by the customer via his password-protected customer account, stating the corresponding
Login data can be called up free of charge if the customer has a customer account in the
created the seller's online shop.
2.5 Before the binding submission of the order via the seller's online order form, the customer can
Recognize input errors by carefully reading the information presented on the screen. an effective one
technical means for better recognition of input errors can be the enlargement function of the browser,
with the help of which the display on the screen is enlarged. The customer can make his entries within the framework of the
correct the electronic ordering process using the usual keyboard and mouse functions,
until he clicks the button concluding the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are usually made via email and automated order processing.
The customer must ensure that the e-mail address provided by him for order processing is correct,
so that e-mails sent by the seller can be received at this address. In particular, the
Customer to ensure when using SPAM filters that all of the seller or by this with the
E-mails sent to third parties commissioned to process the order can be delivered.

3. Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

4. Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the
The prices indicated are total prices that include the statutory sales tax. If necessary additionally
Delivery and shipping costs incurred are specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract,
unless the parties have agreed on a later due date.
4.4 When paying using a payment method offered by PayPal, the payment is processed via the
Payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
(hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have one
PayPal account - subject to the conditions for payments without a PayPal account,
can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5. Terms of delivery and shipping

5.1 Goods are delivered by dispatch to the delivery address specified by the customer,
unless otherwise agreed.
5.2 Does the transport company send the shipped goods back to the seller because a delivery
was not possible for the customer, the customer bears the costs for the unsuccessful shipping. This does not apply
if the customer effectively exercises his right of withdrawal, if he recognizes the circumstance that led to the impossibility of delivery
has led to, is not responsible for or if he temporarily refuses to accept the service offered
was prevented, unless the seller had announced the service to him a reasonable time in advance.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental
Deterioration of the goods sold is passed on to the customer as soon as the seller hands over the goods to the carrier,
delivered to the carrier or the person or institution otherwise responsible for carrying out the shipment.
If the customer acts as a consumer, there is a risk of accidental loss and accidental deterioration
of the goods sold only when the goods are handed over to the customer or a person authorized to receive them
Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold
Goods are already passed on to the customer, even in the case of consumers, as soon as the seller hands over the goods to the carrier,
delivered to the carrier or the person or institution otherwise responsible for carrying out the shipment,
if the customer chooses the forwarding agent, the carrier or the person otherwise responsible for carrying out the shipment or
institution commissioned with the execution and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right, in the event of incorrect or improper self-delivery from
withdraw from the contract. This only applies in the event that the seller is not responsible for the non-delivery and
he has concluded a specific hedging transaction with the supplier with due diligence. The seller
will make every reasonable effort to procure the goods. In the event of unavailability or the
If the goods are only partially available, the customer will be informed immediately and the consideration will be paid immediately
reimbursed.
5.5 Collection by the customer is not possible for logistical reasons.

6. Retention of Title

6.1 In relation to consumers, the seller reserves the right to do so until the purchase price owed has been paid in full
ownership of the delivered goods.
6.2 In relation to entrepreneurs, the seller reserves the right until all claims from a
ongoing business relationship retain ownership of the delivered goods.
6.3 If the customer acts as an entrepreneur, he is entitled to resell the goods subject to retention of title
authorized to conduct business. The customer assigns all resulting claims against third parties in the amount of
respective invoice value (including sales tax) in advance to the seller. This assignment applies independently
whether the reserved goods have been resold without or after processing. The customer remains to collect the
Claims authorized even after the assignment. The seller's authority to collect the claims himself
remains unaffected. However, the seller will not collect the claims as long as the customer is
Fulfills payment obligations towards the seller, does not default on payment and does not apply for
opening of insolvency proceedings.

7. Liability for Defects (Warranty)

If the purchased item is defective, the statutory liability for defects applies. Notwithstanding this, the following applies:
7.1 For Entrepreneurs
– an insignificant defect does not justify any claims for defects;
– the seller has the choice of the type of supplementary performance;
– in the case of new goods, the limitation period for defects is one year from the transfer of risk;
– In the case of used goods, the rights and claims due to defects are fundamentally excluded;
– the limitation period does not begin again if a replacement delivery is made as part of the liability for defects.
7.2 For consumers, the limitation period for claims for defects in used goods is one year from delivery
of the goods to the customer, with the restriction of the following paragraph.
7.3 The limitations of liability and reductions in the limitation period set out above do not apply
– for things that have not been used for a building in accordance with their normal use and its
have caused defects,
– for damage resulting from injury to life, limb or health, which is based on an intentional or
negligent breach of duty by the seller or a willful or negligent breach of duty by a
legal representative or vicarious agent of the seller,
- for other damages that are due to an intentional or grossly negligent breach of duty by the seller or to
an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the
User based, as well
– in the event that the seller has fraudulently concealed the defect.
7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse
§ 478 BGB remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to examine and give notice of defects
§ 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to hand over delivered goods with obvious transport damage
complain to the deliverer and inform the seller of this. If the customer does not comply,
this has no effect whatsoever on his statutory or contractual claims for defects.

8. Liability

The seller is liable to the customer for all contractual, quasi-contractual and legal, also tortious
Claims for damages and reimbursement of expenses as follows:
8.1 The seller is fully liable for any legal reason
– in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
– on the basis of a guarantee promise, unless otherwise agreed in this regard,
– due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently violates an essential contractual obligation, the liability is limited to the
foreseeable damage, unless there is unlimited liability in accordance with the above clause. essentials
Contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract
imposed, the fulfillment of which enables the proper execution of the contract in the first place and on whose
Compliance the customer can regularly trust.
8.3 Apart from that, liability on the part of the seller is excluded.
8.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents
and legal representatives.

9. Redeeming Promotional Vouchers

9.1 Vouchers issued by the Seller free of charge as part of promotions with a specific period of validity
are issued and which cannot be purchased by the customer (hereinafter "promotional vouchers"),
can only be redeemed in the seller's online shop and only within the specified period.
9.2 Individual products can be excluded from the voucher campaign if there is a corresponding restriction
from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent settlement is
not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining balance will be
Seller not refunded.
9.6 If the value of the promotional voucher is not sufficient to cover the order, the
difference amount one of the other payment methods offered by the seller can be selected.
9.7 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.
9.8 The campaign voucher will not be refunded if the customer paid for the whole or part of the purchase with the campaign voucher
goods within the scope of his statutory right of withdrawal.
9.9 The promotional voucher is transferrable. The seller can with discharging effect to the respective owner,
who redeems the promotional voucher in the seller's online shop. This does not apply if the seller is aware or
grossly negligent ignorance of the non-authorization, the legal incapacity or the missing
has the power of representation of the respective owner.

10. Governing Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws
on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the
protection granted by mandatory provisions of the law of the state in which the consumer has his usual
residence is withdrawn.

11. Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law
based in the territory of the Federal Republic of Germany, is the exclusive place of jurisdiction for all disputes
this contract is the place of business of the seller. If the customer is based outside the territory of the
Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes
from this contract if the contract or claims from the contract are related to the professional or commercial activity of the
customers can be attributed. In the above cases, however, the seller is entitled in any case
to appeal to the court at the customer's registered office.

12. Online Dispute Resolution Information

12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link
ready: http://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes
Online sales or service contracts involving a consumer.
12.2 The seller is entitled to participate in a dispute settlement procedure before a consumer arbitration board
neither committed nor willing.