Terms and Conditions
Table of Contents
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Special Conditions for Processing Goods According to Customer Specifications
9. Applicable Law
10. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "T&Cs") of Corina Göbbel, trading as Lukas Taube & Schneide (hereinafter "Seller"), apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these T&Cs is any natural person concluding a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping basket and going through the ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping basket by clicking the button finalising the order.
2.3 The Seller may accept the Customer's offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (email), whereby the receipt of the order confirmation by the Customer is decisive, or by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or by requesting payment from the Customer after placing the order. If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends on the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be 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 shall be stored by the Seller after the contract has been concluded and transmitted to the Customer in text form (e.g. email) after the Customer's order has been sent. The Seller shall not make the contract text accessible beyond this.
2.5 Before submitting a binding order via the Seller's online order form, the Customer may identify possible input errors by reading the information displayed on the screen carefully. The Customer may use the browser's zoom function to enlarge the display on the screen in order to better identify possible input errors. The Customer can correct all data entered via the usual keyboard and mouse functions during the electronic ordering process, until they click the button finalising the order.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are usually carried out via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that SPAM filters do not block emails sent by the Seller or by third parties commissioned to process the order.
3) Right of Withdrawal
Consumers are entitled to a right of withdrawal. Detailed information on the right of withdrawal can be found in the Seller's cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product descriptions, the prices quoted are total prices. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
4.3 The payment method(s) available to the Customer are shown in the Seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5) Delivery and Shipping Conditions
5.1 Goods are generally delivered by dispatch to the delivery address specified by the Customer, unless otherwise agreed. The delivery address indicated in the Seller's order processing shall be decisive for the transaction.
5.2 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment. This shall not apply if the Customer effectively exercises their right of withdrawal, if the delivery cannot be made due to circumstances beyond the Customer's control, or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had given reasonable advance notice of the service.
5.3 If the Customer collects the goods in person, the Seller will inform the Customer by email that the goods ordered are ready for collection. After receiving this email, the Customer may collect the goods after consultation with the Seller.
5.4 For logistical reasons, delivery in instalments is not possible.
6) Retention of Title
If the Seller makes advance delivery, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless expressly agreed otherwise below, the statutory right of liability for defects shall apply. The following applies to contracts for the sale of goods:
7.1 If the Customer is acting as an entrepreneur, the warranty period for new goods sold is one year from the transfer of risk; the statutory limitation period for the recourse claim according to § 478 BGB remains unaffected.
7.2 The above limitations and shortened periods shall not apply to claims based on damage caused by the Seller, their legal representatives or agents: in case of injury to life, body, or health; in case of intentional or grossly negligent breach of duty; in case of breach of essential contractual obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations); within the scope of a guarantee promise, if agreed; or within the scope of liability under the Product Liability Act.
7.3 For entrepreneurs, only the Seller's own information and the manufacturer's product descriptions which have been included in the contract shall be deemed agreed as the quality of the goods; the Seller shall not be liable for public statements made by the manufacturer or other advertising statements.
7.4 If the Customer is an entrepreneur, they must notify the Seller of obvious defects in writing within two weeks of receipt of the goods; timely dispatch shall be sufficient to meet the deadline. The same applies to concealed defects from the time they are discovered. If the Customer fails to give such notice, the statutory warranty claims shall be excluded.
8) Special Conditions for Processing Goods According to Customer Specifications
8.1 If, according to the content of the contract, the Seller is obliged to manufacture the goods based on the Customer's specifications (e.g. custom orders, personalised items), the Customer grants the Seller a non-exclusive right of use to the content (e.g. images, texts, designs) provided by the Customer and required for the fulfilment of the contract.
8.2 The Customer is solely responsible for ensuring that the content provided to the Seller does not infringe any third-party rights (e.g. copyrights, name rights, trademark rights). The Customer indemnifies the Seller against all third-party claims arising from the infringement of their rights in connection with the use of the content provided. The Customer also bears the reasonable costs of legal defence incurred by the Seller, including all court and legal fees at the statutory rate.
9) Applicable Law
All legal relationships between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10) Alternative Dispute Resolution
10.1 The EU Commission provides an online platform for dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.