Terms of service

General Terms and Conditions with Customer Information

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Table of Contents

 

Scope of Application

Conclusion of the Contract

Right of Withdrawal

Prices and Payment Conditions

Delivery and Dispatch Conditions

Reservation of Ownership

Liability for Defects (Warranty)

Applicable Law

Alternative Dispute Resolution

 

  1. Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Kai Keller, trading under "LeuchtWelten" (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller regarding the goods displayed by the Seller in their online shop. Any conflicting terms and conditions of the Customer shall be rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes predominantly outside their commercial or self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the course of its commercial or self-employed professional activity when entering into a legal transaction.

 

2.Conclusion of the Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller but are merely intended to invite the Customer to make a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer makes a legally binding contract offer regarding the goods in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller can accept the Customer's offer within five days,

  • by sending a written order confirmation or an order confirmation in text form (e.g., by fax or email) to the Customer, in which case the receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after the Customer placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day following the Customer's submission of the offer and ends on the expiry of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 In case of payment through a payment method offered by PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. When the Customer selects a payment method offered by PayPal, the Seller already accepts the Customer's offer at the time when the Customer clicks the button that concludes the ordering process.

2.5 The Seller stores the contract text after the contract is concluded and sends it to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. The Seller will not make the contract text available beyond this. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be retrieved by the Customer free of charge via their password-protected user account by providing the corresponding login data.

2.6 Before bindingly submitting the order using the Seller's online order form, the Customer can identify and correct any input errors by carefully reading the information displayed on the screen. An effective means for better detection of input errors can be the browser's zoom function, which enlarges the screen display. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The contract can be concluded in both the German and English languages.

2.8 Order processing and communication take place primarily via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received at that address. In particular, the Customer must ensure that any SPAM filters do not prevent the delivery of emails sent by the Seller or by third parties commissioned by the Seller to process the order.

 

3. Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

 

4.Prices and Payment Conditions

4.1 Unless stated otherwise in the Seller's product description, the prices quoted are total prices. Value-added tax is not shown because the Seller is a small business owner within the meaning of the German VAT Act. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for transferring money by credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers if the delivery does not take place to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The available payment methods will be communicated to the Customer in the Seller's online shop.

4.4 If payment is made in advance by bank transfer, payment is due immediately after the contract is concluded unless the parties have agreed on a different payment due date.

4.5 If the Customer selects a payment method offered by PayPal, the payment is processed by PayPal, which may also use the services of third-party payment providers. If the Seller offers payment methods through PayPal, for which the Seller receives payment in advance (e.g., payment on invoice or installment payment), the Seller hereby assigns their payment claim to PayPal or to the third-party payment provider chosen by PayPal. Before the assignment of claims, the Seller shall carry out a credit check based on the information provided by the Customer. The Seller reserves the right to refuse the payment method chosen by the Customer in case of a negative credit check result. If the selected payment method is accepted, the Customer must pay the invoice amount within the specified payment period or in the specified payment installments. In this case, the Customer may only make payments to PayPal or the third-party payment provider with discharging effect. The Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, dispatch, returns, complaints, cancellations, and refunds, even if the claim is assigned.

4.6 If the Customer selects the payment method "SOFORT," payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to pay the invoice amount via "SOFORT," the Customer must have an online banking account that has been activated for participation in "SOFORT," authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction will be carried out immediately after that by "SOFORT," and the Customer's bank account will be debited. Further information on the "SOFORT" payment method can be found on the internet at https://www.klarna.com/sofort/.

4.7 If the Customer selects a payment method offered through "Shopify Payments," payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The specific payment methods offered by "Shopify Payments" will be communicated to the Customer in the Seller's online shop. Stripe may use additional payment services for payment processing, for which specific payment terms may apply and of which the Customer will be notified separately, if necessary. More information on "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de.

 

5.Delivery and Dispatch Conditions

5.1 If the Seller offers the option to ship the goods, delivery is made within the Seller's specified delivery area to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the execution of the transaction.

5.2 If the delivery of the goods fails for reasons that the Customer is responsible for, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the initial delivery if the Customer effectively exercises their right of withdrawal. The Customer's rights and obligations regarding the reimbursement of payments must be in accordance with the regulations.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or entity otherwise designated to execute the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods fundamentally passes to the Customer upon delivery of the goods. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or entity otherwise designated to execute the shipment, if the Customer has instructed the carrier, the freight forwarder, or the person or entity otherwise designated to execute the shipment to carry out the shipment and the Seller has not previously selected that person or entity.

5.4 The Seller reserves the right to withdraw from the contract if the Seller is not supplied correctly or on time, and is not responsible for this unavailability. This only applies if the Seller has concluded a specific covering transaction with the supplier and is not able to deliver the goods in time. The Seller will make reasonable efforts to obtain the goods. In case of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

5.5 Self-pickup is not possible for logistical reasons.

 

6. Reservation of Ownership

If the Seller has made an advance payment, they retain title to the delivered goods until full payment of the purchase price owed.

 

7. Liability for Defects (Warranty)

7.1 Unless otherwise provided in the following provisions, the statutory provisions apply to the liability for defects.

7.2 If the Customer is an entrepreneur:

  • the Seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for defects is one year from the delivery of the goods;
  • for used goods, claims and rights for defects are excluded;
  • the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.3 The above liability limitations and shortening of limitation periods do not apply:

  • to damages and reimbursement claims of the Customer;
  • in the event that the Seller has fraudulently concealed the defect;
  • for goods that have been used according to their usual purpose for a building and have caused its defectiveness;
  • for the Seller's obligation to provide updates for digital products, for contracts for the delivery of goods with digital elements.

7.4 Furthermore, the statutory limitation periods for a possible statutory right of recourse remain unaffected.

7.5 If the Customer is a merchant within the meaning of the German Commercial Code (HGB), the Customer's obligations to inspect and give notice under § 377 HGB (German Commercial Code) apply. If the Customer fails to comply with the obligations stipulated in the regulation, the goods shall be deemed approved.

7.6 If the Customer is a consumer, the Customer is requested to report any obvious transport damages to the shipping service provider and to notify the Seller of this. If the Customer fails to comply with this, it does not affect the Customer's legal or contractual warranty claims.

 

8. Applicable Law

For all legal relationships of the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

 

9. Alternative Dispute Resolution

9.1 The European Commission provides an online dispute resolution (ODR) platform, which can be found at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

9.2 The Seller is neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board but is open to such settlement.