General terms and conditions of business
Summary
- Revocation instruction
- § 1 Field of application, information for customers
- § 2 Conclusion of contract
- § 3 Information for customers: storage of your order data
- § 4 Information for customers: correction reference
- § 5 Reshipment charges in case of revocation
- § 6 Reservation of title
- § 7 Prescription of warranty claims
- § 8 Limitation of liability
- § 9 Mercantile jurisdiction
Revocation instruction
You have the right to revoke the contractual statement within 14 days by giving written notice (e.g. letter, fax, e-mail) or – if you have received the goods before expiry of the stated term – also by returning the goods without stating any reasons. The stated term shall begin after you have received this instruction in written form but not before the day of receipt of the goods (in case of the repeated delivery of similar goods, not before the day of receipt of the first partial delivery) and not before the vendor has complied with his duties to supply information according to article 246 § 2 in connection with § 1 section 1 and 2 EGBGB as well as his duties according to § 312g section 1 subsection 1 of the German Civil Code (BGB) in connection with article 246 § 3 EGBGB. To comply with the stated term, it shall be sufficient to dispatch the revocation notice or the goods on time.
The revocation is to be addressed to:
Lust & Liebe
Fa. Stefan Kreuzer
Kürnberg 12
93128 Regenstauf
Germany
Fax: +49 (0)9402 9488304
Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise as well as usage advantages to us, or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. You must pay compensation for deterioration only, if the deterioration is due to a use beyond of testing the characteristics and functioning. "testing the characteristics and functioning" refers to the testing and evaluation of the respective goods, such as it is in a normal retail store and customary.
Things that can be shipped by parcel are to be returned on our risk. Things that cannot be shipped by parcel will be picked up. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of 40.00 EUR or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.
End of revocation instruction
Special notes
(1) The right of revocation does not apply on contracts for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded.
(2) Please avoid damages and contamination and return the merchandise with the original packaging if possible. If you don't have the original packaging anymore use a protective covering box, please.
(3) Return the merchandise as insured parcel please and keep the delivery receipt.
(4) Please inform us by sending an e-mail to info@lustundliebe.de before returning the goods. Doing so will help us to process your returning as quickly as possible.
(5) Return charges when exercising the right of revocation.
You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of 40.00 EUR or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge.
Please notice, that the modalities stated in 2 - 4 are not required for a legally valid exercising of the right of revocation.
General terms and conditions of business
§ 1 Field of application, information for customers
The following general terms and conditions of business direct the contractual relationship between Stefan Kreuzer, Lust & Liebe and the consumers and entrepeneurs which are buying at our shop. Conflicting or dissenting terms of the entrepeneur are not accepted. The contractual language is German.
§ 2 Conclusion of contract
(1) The offers at the Internet are a non-binding invitation for you to purchase the goods.
(2) After the entry of your data and the click at the order button you release a binding offer for the conclusion of a sale contract. You may as well release a binding offer by phone or fax. The confirmation of admission , which is immediately send by e-mail or fax, may not to be considered as acceptance of the offer to buy.
(3) We are entitled to accept your offer within two days by sending a confirmation of order by e-mail. After the fruitless course of the period of time mentioned in phrase 1 your offer is regarded as rejected, which means that you are no longer bound to your offer. In case of an order by phone the sale contract is concluded if we instantly accept the offer. If we do not accept the offer instantly, it is no longer binding for you.
§ 3 Information for customers: storage of your order data
The contract text with details concerning the article (e.g. product model, price etc) is stored by us. The GTC will be sent to you. You may also access the terms and conditions at any time via our website. As a registered customer, you can access your past orders by the customer login area (My Account).
§ 4 Information for customers: correction reference
You may correct your inputs before submitting the order at any time using the delete key. We inform you along your way through the order process about your possibilities to correct your inputs. You may completely quit the ordering process at any time by closing the browser window.
§ 5 Reshipment charges in case of revocation
You have to take the reshipment charges in case of revocation, if the delivered good corresponds to the ordered good and if the price of the reshiped good does not exceed the amount of 40 € or, in case of a higher price, if you have not adduced the service in return or a partial payment as provided in the contract at the time of the revocation. You have to take only the regular charges for the reshipment. Additional charges, f. e. originated from the alteration of our place of business or the use of a designated expensive haulage service, are taken by us.
§ 6 Reservation of title
The object of purchase remains our property until the full payment is made.
§ 7 Prescription of warranty claims
(1) Warranty adverse consumers for second-hand goods
Your warranty claims for defects of the second-hand good do prescribe within one year from the handover of the sold object. Excluded from this provision are indemnity claims, claims for defects which had been maliciously concealed by us, and claims from a guarantee for the quality of an object assumed by us. These excluded claims are subject to the legal limitation period.
(2) Warranty adverse entrepeneurs
Your warranty claims do prescribe within one year from the transfer of risks. Excluded from this provision are indemnity claims, claims for defects which had been maliciously concealed by us, and claims from a guarantee for the quality of an object assumed by us. Likewise excluded is contribution claim according to § 478 BGB. These excluded claims are subject to the legal limitation period.
§ 8 Limitation of liability
We exclude the liability for slightly negligent breach of duty, if no duties essential to the contract, damages caused by a violation of life, body or health, guarantees or claims from the product liability act are concerned. The same is applicable to breach of duty by our vicarious agents or legal representatives. The duties essential to the contract are among others the duty to assign the good and the duty to provide the property to you. In addition to this we have to assign the object free of material defects and defects of title.
§ 9 Mercantile jurisdiction
Exclusive jurisdiction for all disputes from the contract is at our place of business, if you are a merchant.