AGB

  • 1 Offer and conclusion of contract
The order signed/placed by the customer is a binding offer. We can accept this offer within two days by sending an order confirmation. Our offers on the Internet represent a non-binding invitation to the customer to order goods.
    • 2 Documents provided
    We reserve the right of ownership and copyright to all documents provided to the customer in connection with the order placement - including in electronic form - such as calculations, drawings, etc. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the customer's offer within the period specified in Section 1, these documents must be returned to us immediately.
      • 3 Prices and payment
        1. Our prices include VAT (and packaging costs). Delivery and shipping costs are not included in our prices.
        2. Payment of the purchase price must be made exclusively to the account specified on the reverse. Cash discounts are only permitted if specifically agreed in writing.
        3. Unless otherwise agreed, the purchase price is to be paid immediately. Interest on arrears will be charged at a rate of 5% above the respective base interest rate per annum. We reserve the right to claim higher damages for delay. In the event that we claim higher damages for delay, the customer has the opportunity to prove to us that the damages claimed for delay did not occur at all or were at least significantly lower.
      • 4 Set-off and retention rights
      The purchaser is only entitled to offset if his claims have been legally established or are undisputed. The purchaser is also entitled to offset against our claims if he asserts complaints about defects or counterclaims from the same purchase contract. The purchaser is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
        • 5 Delivery time
          1. Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are purely non-binding information.
          2. The start of the delivery time specified by us presupposes the timely and proper fulfillment of the customer's obligations. The right to object to non-fulfillment of the contract remains reserved.
          3. The customer can request us in writing to deliver within a reasonable period of time 2 weeks after a non-binding delivery date/delivery period has been exceeded. If we fail to meet an explicit delivery date/delivery period through our own fault or if we fall behind schedule for another reason, the customer must grant us a reasonable grace period to provide the service. If we allow the grace period to expire without result, the customer is entitled to withdraw from the purchase contract.
          4. If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage caused to us as a result, including any additional expenses. Further claims remain reserved. The customer reserves the right to prove that no damage of the amount claimed has occurred at all or that the damage is at least significantly lower. The risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the time at which the customer defaults on acceptance or payment.
          5. Other statutory claims and rights of the purchaser due to a delay in delivery remain unaffected.
        • 6 Retention of title
          1. We reserve title to the delivered goods until all claims arising from the delivery contract have been paid in full.
          2. The purchaser is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to insure it at his own expense against theft, fire and water damage to the replacement value (note: only permitted for the sale of high-value goods). If maintenance and inspection work must be carried out, the purchaser must carry this out in a timely manner at his own expense. As long as ownership has not yet been transferred, the purchaser must notify us immediately in writing if the delivered item is seized or subject to other interventions by third parties. If the third party is not in a position to reimburse us for the legal and extrajudicial costs of a lawsuit in accordance with Section 771 of the Code of Civil Procedure, the purchaser is liable for the loss incurred by us.
          3. The processing or transformation of the purchased item by the customer is always carried out in our name and on our behalf. In this case, the customer's expectant right to the purchased item continues to apply to the transformed item. If the purchased item is processed with other items that do not belong to us, we acquire joint ownership of the new item in proportion to the objective value of our purchased item to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportionate joint ownership to us and keeps the sole ownership or joint ownership thus created for us. To secure our claims against the customer, the customer also assigns to us any claims that arise against a third party as a result of the combination of the reserved goods with a property; we hereby accept this assignment.
          4. We undertake to release the securities to which we are entitled at the request of the customer if their value exceeds the claims to be secured by more than 20%.
        • 7 Warranty and notification of defects 
          1. Unless the information contained in our brochures, advertisements and other offer documents has been expressly designated by us as binding, the illustrations or drawings contained therein are only approximate.
          2. If the delivered item does not have the quality agreed between the customer and us, or if it is not suitable for the use stipulated in our contract or for general use, or if it does not have the properties that the customer could expect based on our public statements, we are obliged to provide subsequent performance. This does not apply if we are entitled to refuse subsequent performance due to statutory regulations.
          3. The customer has the choice of whether the subsequent performance should be carried out by repair or replacement delivery. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the customer. During the subsequent performance, the reduction of the purchase price or withdrawal from the contract by the customer is excluded. A subsequent performance is deemed to have failed with the second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. If the subsequent performance has failed or we have refused subsequent performance altogether, the customer can, at his discretion, demand a reduction in the purchase price (reduction) or declare withdrawal from the contract.
          4. The purchaser can only assert claims for damages under the following conditions due to the defect if subsequent performance has failed or if we have refused subsequent performance. The purchaser's right to assert further claims for damages under the following conditions remains unaffected.
          5. Without prejudice to the above provisions and the following limitations of liability, we are fully liable for damage to life, body and health that is based on a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage that is covered by liability under the Product Liability Act, as well as for all damage that is based on intentional or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or our vicarious agents. Insofar as we have given a quality and/or durability guarantee with regard to the goods or parts thereof, we are also liable within the scope of this guarantee. However, we are only liable for damage that is based on the lack of the guaranteed quality or durability but does not occur directly to the goods if the risk of such damage is clearly covered by the quality and durability guarantee. We are also liable for damages caused by simple negligence, insofar as this negligence concerns the violation of contractual obligations whose compliance is of particular importance for the achievement of the purpose of the contract (cardinal obligations).
          6. Any further liability is excluded regardless of the legal nature of the asserted claim. To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.
          7. The warranty period is 2 years, calculated from the transfer of risk (note: a reduction to one year is possible in the general terms and conditions for used items. For building materials - if installed - the warranty period is 5 years; if the building materials are used, a reduction to 1 year is possible in the general terms and conditions). This period also applies to claims for compensation for consequential damage caused by a defect, provided that no claims for tort are asserted.
        • 8 vouchers
          1. The voucher can be redeemed at www.littleashe.com.
          2. The voucher and any remaining credit can be redeemed until the end of the third year following the year in which the voucher was purchased.
          3. The voucher can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
          4. Only one voucher can be redeemed per order.
          5. The voucher can only be used to purchase goods and not to purchase additional vouchers.
          6. Voucher credit will not be paid out in cash and will not accrue interest.
          7. The voucher is not transferable.
          8. The seller can make payments to the respective owner with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, incapacity or lack of authority to represent the respective owner.
          • 9 Other
            1. This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
            2. Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions shall remain unaffected.

          Annex 1 :

          Transparency requirement

          This requirement means that, in case of doubt, a clause in general terms and conditions is unreasonably disadvantageous even if it is not clear and understandable. This requirement means that non-transparent clauses are to be considered ineffective per se, without the addition of an unreasonable disadvantage to the contractual partner in terms of content. Furthermore, this also means that the transparency requirement also applies to price provisions and service-describing clauses, which are generally exempt from content control.

          Warranty periods

          (1) In the event of a defect , the customer has the choice of whether the subsequent performance should be carried out by repair or replacement delivery. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate costs and the other type of subsequent performance does not result in significant disadvantages for the customer.

          (2) If the subsequent performance fails or if we have refused the subsequent performance altogether, the customer can , at his discretion, demand a reduction in the purchase price (reduction) or declare withdrawal from the contract . Any claims for damages by the customer remain unaffected by this.

          (3) If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code ( BGB), the following shall be deemed to be agreed for the customer ’s warranty claims :

          Obvious defects must be reported to the provider in writing immediately, at the latest within 14 calendar days of delivery of the goods ; hidden defects must also be reported in writing immediately, at the latest within 14 calendar days of their discovery . If the defect is not reported on time, the customer's warranty rights with regard to the defect not reported on time are excluded. This does not apply, however, if the provider has fraudulently concealed the defect and/or has provided a corresponding guarantee . Warranty claims expire - except in the case of claims for damages - within one year of delivery of the purchased item to the entrepreneur .

          Obligation to report defects

          For non-obvious defects, the period for reporting defects may not be set in the general terms and conditions for less than two years (for used goods: one year). The period begins when the statutory limitation period begins.

          Reimbursement of expenses for subsequent performance

          According to Section 439 Paragraph 2 of the German Civil Code (BGB), the seller must bear the expenses required for the purpose of subsequent performance (e.g. transport, travel, labor and material costs). This obligation may not be excluded by general terms and conditions.

          Limitation to subsequent performance

          In the case of a defective item, the buyer can choose to demand the removal of the defect or the delivery of a defect-free item as subsequent performance. Only if subsequent performance is not successful, is not possible or is unreasonable can the buyer - as a second option - assert warranty rights: withdrawal or reduction. Restrictions on subsequent performance alone are ineffective if the other contracting party is denied the right to reduction if subsequent performance fails.

          Limitations of Liability

          Any exclusion or limitation of liability for damages resulting from injury to life, body or health resulting from an intentional or negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user is ineffective.

          Amount of default interest

          From the beginning of the default, the buyer owes the seller default interest in addition to the purchase price. If a consumer is involved in the purchase contract, either as a buyer or as a seller, the interest rate is 5% above the base interest rate. For purchase contracts between entrepreneurs, the interest rate is 8% above the base interest rate.