12. Order Procedure
12.1 Products can be ordered using the order forms on the Lofelt website http://lofelt.com and Lofelt’s Amazon selling portal each such order constitutes a separate binding offer by you to form a contract with us.
12.2 Once we receive an offer, the contract shall only become binding and enforceable upon the earlier of when: (i) we send an order confirmation to you via e-mail, or (ii) we begin the fulfillment process of your order. The text of the contract will be stored on our internal system and sent to you by e-mail.
12.3 The contract will be automatically drafted during the order process. Although a copy of your contract will be included in your order confirmation email, your contract will not accessible via our website once an order is made.
12.4 We may use unaffiliated third parties in the performance of the obligations we incur under this agreement, including but not limited to order fulfillment.
13. Prices / Shipping Costs / Customs
13.1 All prices listed on our websites reflect the applicable retail purchase price for a given product. This retail purchase price includes applicable sales tax but it does not reflect all other costs, including but not limited to VAT, and any taxes, duties, charges or withholdings that may apply based on your jurisdiction. You shall be responsible for all costs included in the grand total shown during order checkout.
13.2 Note that if you are a Consumer who exercises your right of withdrawal (Sec. 8.5) you agree to also pay for the standard return shipping costs.
14. Payment / Delivery Times
14.1 Invoices are payable to Lofelt immediately upon your receipt. You agree to the credit card or Paypal charges immediately upon processing of your order.
14.2 Notwithstanding any of our other rights, any customer in default shall pay the full amount of their order’s grand total, plus a default penalty until said customer has fully paid all money owed to us. The default penalty shall be calculated according to the following formula: Consumers in default shall pay a default interest penalty rate of 5% per year on the outstanding balance and Entrepreneurs in default shall pay a default interest rate penalty of 8% per year on the outstanding balance.
14.3 Lofelt is entitled to offset any claims against you. We are also entitled to collect claims or have claims collected from you.
14.4 You have a right to an offset only if your counterclaim(s) have been established as legally-binding or are otherwise recognized by Lofelt in writing.
14.5 You may only exercise your right of retention for a product when your counter-claim arises out of the contract for that specific product.
14.6 You may only assign your claims if you receive prior written consent from us. § 354a HGB remains unaffected.
15. Transfer of Risk
15.1 If you are a Consumer, the risk of loss, accidental destruction, and accidental deterioration of goods passes to you upon our tender of delivery of goods in a way that enables you to accept delivery.
15.2 If you are an Entrepreneur, the risk of loss, accidental destruction or accidental deterioration of the goods passes to you upon our tender of delivery to you, your agent, or to the shipper designated to execute the delivery.
15.3 With respect to the download and transmission of data over the internet, the risk of loss, destruction or modification of the data passes to you upon the passage of such data over the network interface.
15.4 Delivery shall be deemed complete once the goods have been tendered to your constructive possession.
16. Retention of Title
16.1 If you are a Consumer, Lofelt retains title to the goods until we receive full payment of the order grand total and any applicable default penalties.
16.2 If you are an Authorized Dealer (as defined below) or are otherwise considered an Entrepreneur, you indemnify Lofelt for, and agree to honor, each of the following:
i. Lofelt retains title to the goods until we receive full settlement of all claims arising from the ongoing business relationship. If the value of the goods retained by you or your reseller exceeds the claims arising from the ongoing business relationship by 10%, any reseller is required to return the goods directly to us retained at our request.
ii. You must treat the goods with a reasonable duty of care during the period when we have retained title to the goods in your possession pursuant to this section 16.2. You must promptly inform us of:
a. All access by non-consumer third parties to the goods, pursuant to compulsory execution measures under applicable law;
b. Any damage or the destruction of the goods while in your possession;
c. Transfer of the goods to another Entrepreneur for resale; and d. Your anticipated and actual change of address.
16.4 If you are an Entrepreneur and you decide to exercise your right to retention of title pursuant to this section 6, you are authorized to resell the goods in the ordinary course of business. In doing so, you thereby transfer all claims which might accrue against the third party purchaser to us, which transfer we expressly accepted. You shall remain primarily liable to us for your transfer to a subsequent Entrepreneur. Following said transfer, you are authorized to collect the debt. We reserve the right to collect the debt ourselves from you directly from the third party Entrepreneur.