printed circuits | terms and conditions | PCB | purchase | flex | multilayer | TG150

1. Scope of application

   (1) Leiton GmbH’s (hereafter: Leiton) terms and conditions apply to all current and future business relations. Leiton produces and sells printed circuit boards (hereafter: PCB) to its customers as prototypes and express services, as well as small batches of up to 24-layer multilayer. Customer orders will only be accepted in accordance with the latest version of the following terms and conditions. Diverging customer terms and conditions are not applicable. Individual agreements remain unaffected thereof.

   (2) In accordance with the terms and conditions a consumer constitutes a natural person entering a legal transaction which cannot be predominantly ascribed to its commercial nor its independent professional activities. In accordance with the terms and conditions a business entity constitutes natural persons, juridical person or business partnerships entering a legal transaction within their commercial or self-employed professional activities.

2. Quotations and contract formation

   (1) Catalogue information or information in electronic media (notably on the website) do not constitute an offer, but rather only constitute product and pricing information.

   (2) When ordering goods in the sense of number 3 of these terms and conditions, the customer states a binding request to purchase the ordered goods. The order may be accepted as an offer at Leiton’s discretion by providing an order confirmation or by shipment. With the receipt of the goods or the order confirmation by the customer (whichever occurs earlier) the contract formation is completed. Leiton reserves the right to completely or partially decline an order.

3. Order process

   (1) Under the link „prices“ the customer first selects one of the categories “prototypes (rigid)”, “medium quantities (rigid)”, “flexible printed circuits”, “alu circuits”, “HF circuits”, “SMT stencils” or “impedance calculation”. Then the customer selects the required layer count depending on the selected category.

   (a) On the subpage the customer then provides the name of the project as well as its characteristics. In the following step the customer selects the production time. Next, under the subheadline “choose options”, the customer may be able to select further options, depending on previous selections. Lastly, the customer either selects “calculate price” first or directly proceeds by clicking on the button with “add to cart”.

   (b) The customer then accesses the second order processing page with the headline “online calculation” with the previously selected orders added to the cart. At this point the customers has the opportunity to add additional goods up to this stage of the order process by clicking on “add another PCB”. Otherwise the customer selects the shipping method in the text box “packing and shipping” and continues by clicking on “proceed to order report”.
   
   (c) On the following page displays the total order including shipping type and costs for the customer. Henceforth the customer has the opportunity to click on the link “terms and conditions” and download or review Leiton’s terms and conditions. The customer then ticks the box stating “I have read the terms and conditions and accept them” before clicking on the button with “skip to login”.
   
   (d) At the following subpage “login” the customer may either register for the first time or log in if already registered previously. The customer enters email address and password followed by clicking on “login” or by clicking on “register”.
   
   (e) In the latter case the customers arrives at the subpage „register at Leiton for free”. For the purpose of registration an email address, password and a repetition of the password below need to be entered in the text box “login details”. Next the customer is required to enter billing information in the text box labeled “billing address” by providing name and address as well as whether invoices wish to be received by mail or email. If email has been selected as the preferred billing method, a designated email address for this purpose may be entered in the box “email of invoices”. If the delivery address and the billing address are not identical, the customer enters the address in the text box “delivery address”. The customer may provide further comments in the text box „general notes (not to order)”. Next the customer may select to receive the newsletter, participate in feedback surveys or games in the text box “mailings”. Lastly the customer enters the security question in the picture above the text box and clicks on the button “send data”.
   
   (f) The customer then reaches the subpage “thank you for your registration” and clicks on the on the link “continue to login” below. Meanwhile a verification email for the account will be sent. By clicking on the relevant link in the verification email the account will be activated. By clicking on the link “continue to login” the customer is directed to the subpage “login”. Here the customer is prompted to enter the email address and password to log in to the account.
   (g) Next the customer is directed to a subpage showing the registration details. Here the opportunity is provided to click on “back to order details”, which redirects to the overview of the current orders in the cart. Alternatively the customer can click on the button labeled “continue with data upload”.
   
   (h) Having selected „continue with data upload“ the customer is directed to the final subpage of the order process. Here the customer selects the link “choose file” in the text box “file upload” and chooses the file which should be uploaded as a PCB layout. Optional the customer may provide the internal order number/reference number and can again provide additional comments pertaining to the order in the relevant text box. At the bottom of the page order details including price, VAT and shipping costs are indicated. Concluding the order process the customer clicks on the button labeled “confirm order”.
   
   (i) After clicking on “confirm order” the customer is directed to a confirmation page while simultaneously an email with all details relating to the order just made is sent. This however does not imply acceptance of contract. Acceptance of contract follows in a separate email.

   (2) Up until clicking on the button “confirm order” the customer may discontinue or interrupt the order process at any time. The customer may return to the any previous page of the order process by clicking on the “back” button in the browser and he may access the content of the cart at any time by clicking on the cart link on the top right. Further, the customer may at anytime delete orders in the cart by clicking on the link “delete item”.

4. Prices

   All prices include all taxes and other price components. Additional incurred shipping costs will be itemized separately within the actual offer. Current shipping costs are depicted in our shipping cost overview. The corresponding price at the time of contract formation is applicable. Subsequent discounts or price increases do not apply to the submitted order. Retroactive claims pertaining to price changes are not permissible for neither the customer nor Leit-On. Payment by promissory note or cheque is not permissible without prior consent.

5. Customer cancellation policy

   (1) Consumers are entitled to the statutory right to cancellation when engaging in distant contacts in accordance with §§ 312g, 355 German Civil Code (hereafter: BGB) as designated in the cancellation policy. This does not apply if one of the exceptions set out in figure 4, paragraph 2 as per § 312g paragraph 2 BGB exists. Cancellation rights do not applicable for business entities and shall not be granted by Leiton.

   (2) The statutory cancellation right as per § 355 BGB does not apply according to § 312 g paragraph 2 BGB, among others, to

   a) contracts for the supply of goods which are not prefabricated and require essential individual selections or specifications by the customer or which are clearly custom made to the individual specifications of the customer.

   b) contracts for which the customer has specifically requested the company Leiton to seek him in order to conduct urgent repair or maintenance work. This does not apply with respect to additionally rendered services during the visit that have not been deliberately requested, or pertaining to supplied goods during the visit, which are not necessarily required for the maintenance or repair as replacement parts.

   (3) Customer cancellation right:

   You have the right to revoke this contract without the provision of any reasons within fourteen days. The cancellation period is fourteen days starting from the day in which you or a third party designated by you, which is not the shipper, have or has taken possession of the goods. To exercise your right to cancellation you must contact us

   Leiton GmbH,
   Wolframstraße 96,
   12105 Berlin, Deutschland,
   Tel: +49-(0)30-701 73 49-0,
   Fax: +49-(0)30-701 73 49-19,
   E-Mail: kontakt@leiton.de

   informing us of your decision to revoke the contract by means of an explicit declaration (e.g. a letter sent by post, fax or email). You may use the cancellation form below, which however is not required. To safeguard the cancellation period it is sufficient you send your declaration concerning the exercise your right to cancellation before the expiration of the cancellation period.

   Withdrawal consequences:
   If you withdraw this contract, we shall reimburse all payments received from you, including shipping costs (excluding additional costs arising from you opting for a different shipping method other than the cheapest standard shipping method), without delay and no later than within fourteen days counting from the day your cancellation declaration was received. We will employ the same method of payment you utilized for the initial transaction for the reimbursement unless agreed otherwise. You will not be charged any fees pertaining to the reimbursement. We may withhold the reimbursement until we have received the returned goods back, or until you have provided evidence that you have returned the goods, whichever is the earlier. You area obliged to send back or hand over the goods immediately and in any event not later than fourteen days from the date on which you inform us about the cancellation of this contract. The deadline is met, when you send the goods prior to the expiration of the fourteen day deadline. You bear the direct cost of returning the goods. You are obliged to compensate for any diminished value of the goods, only if the loss in value was caused due to unnecessary handling attributable to you to ascertain the nature, characteristics or functionality of the goods

   End of cancellation policy.

   Cancellation form:

   (If you wish to revoke the contract, please returned a fill out form to us.)

   To Leiton GmbH, Wolframstraße 96, 12105 Berlin, Deutschland, Fax: +49-(0)30-701 73 49-19, E-Mail: kontakt@leiton.de
   Hereby I/we (*) revoke the contract formed by me/us (*) for the purchase of the following
   Goods (*)/ performance of service (*)
   Order on (*)/received on (*)
   Name of the customer(s)
   Address of the customer(s)
   Signature of the customer(s) (only for declaration on paper):
   Date
   (*) cross out inapplicable

   (4) Consumer Arbitration Process

   The European Commission provides an extrajudicial online-arbitration platform, which you can access under: www.ec.europa.eu/consumers/odr You can find out email address in our imprint or contact details. We participate in the arbitration process. A list of accepted arbitration institutions are available here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show

6. Case of unavailability

   Leiton is entitled to revoke the contract if the ordered goods are not available through no fault of Leiton. In this case Leiton will inform the customer immediately of the unavailability and reimburse the customer immediately.

7. Delivery and transfer of risk

   (1) Goods are predominantly manufactured as single order by Leiton. The order will be processed immediately upon receipt by the supplier. Leiton manufactures and supplies after receipt of payment. In any case the customer will be informed of any delay in delivery.

   (2) If the buyer is a business entity the risk of accidental loss and accidental deterioration of the goods is transferred with the handover or in case of a dispatch sale with delivery of the goods to the shipper, carrier or whatever person or organization appointed in performing the shipment. If the buyer is a consumer the risk of accidental loss and accidental deterioration of the goods is transferred will also transfer to the buyer upon delivery for dispatch sales. The handover is is completed when the buyer is in default of acceptance. As a safety precaution due to the risk of damage during shipping it is recommended to indicate that the shipment should be insured for damage, loss or theft.

   (3) Provided the customer is not a consumer, partial services and partial deliveries are permissible and do not entitle to the customer to withdraw.

   (4) If the sale is a commercial trade for both parties §§ 377 onwards HGB (German Commercial Code) applies.

8. Payment, delayed payment, delay in taking delivery

   (1) Leiton deliverys after receipt of advance payment. Leiton is not obliged to deliver in advance. If Leiton nevertheless delivers on invoice, default, incurring payment of default interest, occurs no later than 30 days after delivery and receipt of the invoice or equivalent payment schedule. Receipt of payment on Leiton’s bank account determines receipt of payment in due time. Payment by promissory notes or cheques is not permissible without prior written consent. Payment to Leiton’s bank account must be made without deductions or other fees. For transfers from abroad, it is the customer’s responsibility to ensure that the billing amount is not reduced by transfer or any other fees.

   (2) In the event of a delay Leiton will charge an interest rate five percentage points above the base interest rate. For business entities the late or default interest rate shall be nine percentage points above the base interest rate. Leiton’s right to claim further damages is not affected by this. Furthermore, in accordance with § 288 paragraph 5 Point 1 BGB Leiton is entitled to charge dunning costs of 40.- € in case of any delay.

9. Retention of title

   For contracts with consumers, Leiton retains the title to the good until payment of the complete purchasing price. For contracts with business entities, Leiton retains the title of the good until the complete settlement of all outstanding accounts of ongoing business relations.

10. Warranty and Assignment

    (1) Warranty is based on the statutory provisions. The current warranty period is two years and begins with the handover of the goods, however it is limited to one year if the customer is not a consumer. Warranty claims are initially limited to be cured. Failure to cure gives the customer the statutory right to choose between revoke the contract or a reduction of the purchasing price. Leiton is not liable for damages resulting from erroneous or improper use of goods. The provisions of the Product Liability Law (Produkthaftungsgesetz) remain unaffected hereof.

    (2) In order to avoid problems with evidence, consumers are asked claim obvious deficiencies within fourteen days of receipt in writing. Provided that consumers fail to do so, this has no consequences for the statutory warranty right. In order to assert warranty claims for commercial transactions it is required that the commercial customer properly complies with his obligations for investigation and reprimand set out in § 377 HGB. In case of a warranty claim please contact:

    Leiton GmbH,
    Wolframstraße 96,
    12105 Berlin, Deutschland,
    Tel: +49-(0)30-701 73 49-0,
    Fax: +49-(0)30-701 73 49-19,
    E-Mail: kontakt@leiton.de

    (3) For commercial transactions the right of retention and the right of retention for the buyer is excluded with the exception of recognized, undisputable or legally binding counterclaims. Assignment of claims against Leiton pertaining to this contractual relationship is only permissible with prior consent.

11. Liability

    (1) Leiton has unlimited liability for damages caused by intent or gross negligence. Furthermore Leiton is liable for the negligent breach of essential duties which compromises the purpose of the contract, or for the breach of obligations whose fulfillment is necessary for the orderly implementation of the contract. In this case, however, Leiton is only liable for the foreseeable damages and damages typical for the contract. Leiton however is not liable for the negligent breach other than the aforementioned obligations.

    (2) The above limitations of liability shall not apply to injury to life, body and health, for a defect after assumption of a guarantee for the quality/nature of the good and bad faith. Also the liability under the Product Liability Law (Produkthaftungsgesetz) remains unaffected.

12. Data privacy

    (1) All personal data will be treated strictly confidentially. Leiton uses and stores order related data exclusively for processing and execution of your order and in accordance with legal provisions.

    (2) The shipper will only be provided with customer data as is necessary for delivery of the goods. For the purpose of processing credit card payments or direct debit payment details will be forwarded to the credit card company or the bank/financial institution. Beyond this, data will not be disclosed to third parties.

    (3) The customer may enquire, change or delete his saved data at Leiton and may revoke the consent for data storage at any time. Hereto the customer may sent an email to kontakt@leiton.de.

13. Copyright, intellectual property rights

    (1) The customer guarantees to be the owner of all rights to the layouts, templates, designs and parts to be processed for him and exempts Leiton from any third party claims resulting from use of these layouts, designs and parts as part of the contractual agreement. Leiton does not verify nor is required to verify whether the layouts, designs, templates or parts send by the customer infringe copyrights and registered as well as not registered industrial property rights or whether the usage is anti-competitive. As for layouts prepared by Leiton, all resulting property rights remain with Leiton.

    (2) Content on Leiton’s website are protected by intellectual property rights etc. They may only be downloaded and displayed on a single computer and/or by a single print out and may not be reproduced for commercial purposes.

14. Storage of contract text

    The contract text will be saved by us until the complete fulfillment of the purchasing contract. After the order process has been completed, the customer will no longer be able to retrieve it. However, the customer may print out the order details immediately after sending the order.

15. Legal disclaimer for external links

    Leiton’s online presence contains links to third party websites on whose content Leiton has no influence. Therefore Leiton cannot assume any liability for this external content. The respective provider or operator of these sites is always responsible for the contents of any linked webpage. The linked webpages were checked for possible legal violations at the time of linking. No unlawful content was observable at the time of linking. Without specific evidence for law infringement, a permanent control of content is unreasonable. Upon notification of any law infringement Leiton will promptly remove such links. This declaration applies to all displayed links and for all content of linked webpages. This statement applies to all links displayed and for all contents of the sites to which links lead.

16. Place of fulfillment, place of jurisdiction, applicable law, contract language

    If the buyer is a business entity, the sole place of jurisdiction is Berlin and the place of fulfillment is the domicile of the seller. All disputes pertaining to this legal relationship are governed by the Laws of Federal Republic of Germany. For consumers the choice of jurisdiction is applicable only, to the degree that the granted protection by regulations of the rule of law in which the consumer maintains orderly residence, has been revoked. UN conventions on the sales of goods are not applicable. Contract language is German.

17. Severability clause

    Invalid or unenforceable clauses of the individual contract shall not affect the validity of the remaining clauses. Invalid or unenforceable clauses shall be replaced by statutory provisions.

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