§ 1 Scope and Conclusion of Contract
(1) These General Terms and Conditions apply to all business relationships between
PEAKLUMEN GmbH (hereinafter referred to as “PEAKLUMEN”) and its customers.
(2) Customers may be consumers within the meaning of Section 13 of the German Civil Code (BGB) or entrepreneurs within the meaning of Section 14 BGB.
(3) The presentation of products and services on the website or in an online shop does not constitute a legally binding offer but an invitation to submit an order. By clicking the button “Buy” or placing an order, the customer submits a binding offer. A contract is concluded only upon written order confirmation by PEAKLUMEN.
(4) The contract text is stored and transmitted to the customer together with these General Terms and Conditions in text form.
(5) All offers are subject to confirmation and non-binding until confirmed in writing.
(6) Discount campaigns, loyalty programs, and promotional codes cannot be combined.
(7) The contractual language is German.
§ 2 Delivery and Transfer of Risk
(1) Delivery is made to the delivery address specified by the customer.
(2) If the customer is an entrepreneur, the risk of accidental loss or deterioration passes to the customer upon handover to the transport service provider.
If the customer is a consumer, the risk passes only upon delivery to the customer.
(3) All prices include statutory VAT (Consumerwebsite only) plus shipping costs, unless expressly stated otherwise.
(4) Entrepreneurs must inspect the goods immediately upon receipt and notify PEAKLUMEN of any defects without delay in accordance with Section 377 of the German Commercial Code (HGB). Consumers are requested to report obvious transport damage; this does not affect their statutory rights.
§ 3 Warranty
(1) Statutory warranty rights apply unless otherwise stipulated below.
(2) No warranty is provided for damage caused by:
improper handling or use,
incorrect installation by third parties,
unauthorized modifications,
normal wear and tear.
(3) Warranty periods:
Consumers:
New goods: 24 months
Used goods: 1 month
B2B:
New goods: 12 months
Used goods: 0 month
(4) Claims arising from injury to life, body, or health remain unaffected.
§ 4 Liability
(1) PEAKLUMEN shall be liable without limitation in cases of:
intent or gross negligence,
injury to life, body, or health,
claims under the German Product Liability Act.
(2) In cases of slight negligence, PEAKLUMEN shall be liable only for the breach of essential contractual obligations and limited to the foreseeable, typical damage.
(3) Any further liability is excluded.
§ 5 Payment Terms
(1) Unless otherwise agreed in writing, invoices are payable within fourteen (14) days without deduction.
(2) Advance payment is the standard payment method. Other payment methods may be offered where legally permissible.
(3) Interest on late payment:
Consumers: 5 percentage points above the applicable base interest rate
Entrepreneurs: 9 percentage points above the applicable base interest rate
(4) Reminder and collection fees are charged only to the extent actually incurred and are capped at EUR 40, in accordance with Section 288 (5) BGB.
§ 6 Retention of Title
(1) Goods remain the property of PEAKLUMEN until full payment has been made.
(2) Entrepreneurs hereby assign to PEAKLUMEN, by way of security, all claims arising from the resale of goods up to the amount of the outstanding claim.
§ 7 Right of Withdrawal (Consumers Only)
(1) Consumers have the right to withdraw from the contract within fourteen (14) days from receipt of the goods, without stating any reasons.
(2) Withdrawal must be declared by a clear statement in text form (e.g. email or letter).
(3) The consumer bears the cost of return shipping.
(4) The right of withdrawal does not apply to:
goods manufactured according to customer specifications,
personalized or customized products,
sealed hygiene products once the seal has been removed.
§ 8 Permanent Installations
(1) The customer must clarify and provide all relevant site-specific conditions prior to installation, including but not limited to structural integrity, fire safety, suspension points, and electrical infrastructure.
(2) Additional costs resulting from incorrect, incomplete, or subsequently identified conditions may be charged separately.
(3) PEAKLUMEN shall not be liable for damages occurring after acceptance due to improper use, lack of maintenance, or third-party interference.
§ 9 Inspection and Safety Obligations
Required DGUV inspections, electrical inspections, and other statutory safety checks must be carried out by the customer unless expressly agreed otherwise in writing.
§ 10 Maintenance and Service Agreements
Maintenance and service agreements for permanent installations may be concluded separately upon request. The applicable terms are set out in the respective agreement.
§ 11 Governing Law and Jurisdiction
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) For entrepreneurs, the exclusive place of jurisdiction shall be the registered office of PEAKLUMEN GmbH.
§ 12 Alternative Dispute Resolution
PEAKLUMEN GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 13 Severability Clause
Should any provision of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.